How to Pursue a Workers’ Compensation Case in South Carolina
Workers’ compensation is a state-mandated insurance program that provides benefits to injured or ill employees from workplace accidents. In South Carolina, workers’ compensation may cover medical expenses, lost wages, and other costs, helping injured workers recover without taking on a financial burden.
Pursuing a claim requires understanding the filing process and the potential challenges ahead. Our dedicated personal injury attorneys could help with this process.
Steps to Pursuing a Worker’s Compensation Claim
There are several steps to take when pursuing a worker’s compensation claim in South Carolina, including the following:
Inform Your Employer of All Workplace Injuries
Inform a supervisor, manager, onsite medical professional, or another worker in a supervisory role about your injury. Supervisory staff must be informed within 90 days of the workplace injury for coverage to be applied.
However, notifying a co-worker about your injury may not qualify as an official notice of injury. The responsibility of filing a claim regarding your injury to the Workers’ Compensation Commission is with the employer.
See the Doctor Selected By Your Employer or Representative
Your employer reserves the right to select the doctor you will have your appointment with. Medical bills for work injuries may not be covered if treated by another doctor. If there are any follow-up appointments or referrals, contact your employer or representative before scheduling an appointment.
Communicate With Your Employer’s Representative
If your employer’s representative determines your injury is work related, he or she is responsible for coordinating benefits, which can include:
- Surgical Procedures
- Hospitalizations
- Medical Supplies
- Medical Bills
- Prescriptions
- Prosthetics
- Travel expenses to and from the doctor and pharmacy
In addition to your doctor, your employer’s representative can provide a nurse case manager to assist with your care.
Consider Filing a Claim With the Workers’ Compensation Commission
This step may be necessary if your employer’s representative denies the claim or does not report it to the Workers’ Compensation Commission. An injured worker or dependent must file a claim using form 50 (injury) or form 52 (workplace death) with the South Carolina Commission’s Judicial Department within two years of the injury or death to protect your right to compensation. A hearing with a Workers’ Compensation Commissioner may be held to hear testimony and determine the outcome of your claim.
Common Challenges in Workers’ Compensation Cases
When dealing with workers’ compensation claims there can be numerous difficulties encountered in any stage of the process, such as:
- An employer’s inaction
- Denied claim
- Treating doctor issue
- Benefit disputes
- Employer retaliation
- Legal procedures
These challenges can complicate the claims process and receiving the compensation you may be entitled to. Seeking legal advice from a South Carolina lawyer could help you gain a key understanding of your rights and assist you in overcoming worker’s compensation claim-related hurdles.
Call a South Carolina Attorney Regarding a Workers’ Compensation Claim
Navigating Workers’ Compensation claims can be a daunting process, but knowing the steps to take and the potential challenges involved may help you get the benefits you deserve. At Whetstone, Perkins, and Fulda, our dedicated lawyers are committed to helping you handle your workers’ compensation claim in South Carolina.
Whether you are facing challenges, delays, or denials, we are here to provide you with skilled legal support and guidance. Contact our hardworking attorneys today to learn more and let us help you secure your workers’ compensation benefits.
