The types of injuries covered by workers’ compensation can include, but are not limited to, the following:
- Loss or permanent disability to limbs, fingers, or toes.
- Hearing and vision loss.
- Serious bodily or facial disfigurement.
- Stress or mental health injuries.
- Spinal injuries.
- Repetitive stress injuries.
- Permanent injury or loss of any important external or internal organ or body part.
- Diseases arising out of and in the course of employment caused by unreasonable exposure to occupational hazards.
- Death relating to a workplace-related injury or illness.
The main volume of injuries we see in Greenville here at Hammack Law Firm involve injuries to a worker’s neck, back, shoulders, arms, legs, and feet. According to the Occupational Safety and Health Administration (OSHA), an illness or injury is considered work-related “if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness”. One important takeaway from this statement is that workers’ compensation also covers pre-existing conditions worsened by a work-related injury.
While this information was prepared to provide general information about the law and workers’ compensation, how it applies to your situation will depend on your unique circumstances and the nature of your work-related injury or illness.
Workers’ Compensation Laws in South Carolina
Workplace injuries and illnesses can be difficult to handle. People are often affected not just physically or emotionally; there are also serious financial consequences to consider. Further worries can arise from understanding how to pursue a workers’ compensation claim against an employer.
Understanding your rights and how the legal process works can be an excellent first step to recovering the financial benefits you are entitled to receive under the South Carolina Code of Laws Title 42 – Workers’ Compensation. Here are some things to consider that may affect your claim:
- Almost all employers in South Carolina must carry workers’ compensation insurance; however, there are exceptions. Examples include an employer with less than four employees.
- You may access several types of damages with workers’ compensation, but pain and suffering is not covered.
- Certain jobs in agriculture, railroad, and railway express may not be covered under workers’ compensation insurance.
- You cannot be fired for filing a workers’ compensation claim as state law does not allow employers to dismiss workers in retaliation for filing a claim. If they do, they could face civil action for wrongful termination.
- Workers’ compensation is generally paid by your employer’s insurance company, not directly from your boss.
- Your injury or illness must prevent you from working for at least seven days to be eligible for workers’ compensation.
- You must handle light duties if your employer offers it, provided your workers’ compensation doctor approves.
- You have the right to appeal if you disagree with a decision or if you were denied benefits.
- Workers’ compensation insurance is based on a no-fault model, meaning if you contributed in some way towards your injury, a claim may still be filed.
To find out more about what types of injuries are covered by workers’ compensation, and how to navigate the complicated legal procedure, it can be beneficial to seek advice from a lawyer. Many law firms offer a free case review to help injured workers understand the legal options most suited to your particular needs.
Workers’ Compensation Benefits
The compensation available to you will depend on how long you cannot work and the impact of your injury or illness on your ability to work. As an overview, the type of benefits you could be eligible to receive can help cover the costs associated with the following:
Workers’ compensation pays for the reasonable and necessary medical treatment related to your injury or illness provided the treatment is authorized by the doctor appointed through your employer. Expenses from doctors’ and hospital visits, prescriptions and medication, surgeries, and medical supplies are typical examples of medical costs, although other expenses can qualify.
Compensation for Lost Wages
You may also be entitled to recover compensation for part of your lost wages while you cannot work. In South Carolina, you can be entitled to 66.66 percent of your average weekly wage before your injury or illness. Other benefits you could receive include:
- Compensation for permanent, total, or partial disability
- Surviving family members of a fatally injured employee could receive death benefits
If you sustain a workplace injury or illness, you will need to notify your employer as soon as possible and generally within 90 days, or you could lose the right to recover compensation.
Legal Representation for Your Workers’ Compensation Claim
After you or a loved one suffered a workplace injury or illness, the team at Hammack Law Firm could make a difference when it comes to your workers’ compensation claim and simplifying the complex legal claim process.
If you have concerns about whether or not you are eligible to receive benefits or have had your claim denied, our workers’ compensation lawyers are ready to answer your questions.
Our commitment to each of our clients means every case is handled with respect, compassion, and care, with comprehensive legal support from start to finish. Call Hammack Law Firm for a free case review at (864) 326-3333 to find out more about our services and how we can help you today.
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 326-3333 for a free consultation.