If you’ve been severely injured in an accident at work, it is natural to wonder what your rights are as an employee. You may be forced to deal with costly medical expenses related to your injury and may be forced to miss work for a significant amount of time while you recover. This can place significant strain on your finances, and you might be asking yourself “Who is going to pay for the costs associated with my injury?”
In some cases, it might be necessary to pursue legal action against your employer if you were hurt due to negligence on the job. If your employer has a worker’s compensation insurance policy in place, you cannot sue them for an injury, but could qualify to claim benefits that will pay for medical treatment and a percentage of your lost wages. If your employer doesn’t carry workers’ compensation insurance, however, you might be eligible to file an injury claim to recover fair compensation for the harm you’ve suffered.
If your employer failed to provide adequate training, safety equipment, or failed to provide a safe work environment and you were hurt as a result, you could be eligible to file a lawsuit to recover compensation for your medical bills, lost wages, pain and suffering, and more.
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Fortunately, in most cases in South Carolina, workers will not have to take legal action against their employer. Worker’s compensation is a type of insurance policy that most business owners are required to purchase to protect their employees after an accident. South Carolina law requires every business with four or more employees to carry a workers’ compensation policy. Therefore, it is highly likely that your employer has workers’ compensation available to assist you after your accident.
To be eligible to claim workers’ compensation benefits, you must tell your employer about your injury as soon as possible. From this point, your employer must inform their insurance provider of the accident. The insurance company will investigate your injury to determine the cause of the accident and decide the amount of financial support you will receive. This insurance provider acts as an intermediary between you and your employer, so you do not have to sue your employer to get the compensation you deserve. If your employer fails to file your claim, you have additional protection through the South Carolina Workers’ Compensation Commission, whom you can contact to review your claim.
Even though you aren’t suing your employer to get the compensation you need, the process of getting worker’s compensation benefits is not always simple or straightforward. You must follow all of the required steps (alerting your employer, getting medical treatment, applying for benefits), and your attorney will work to make sure your application isn’t unfairly denied. If your employer or the insurance company try to claim that your injury didn’t happen at work or that you are not as injured as you claim to be, having a lawyer on your side will be crucial. Your attorney can help appeal denied benefits and will use every legal avenue possible to get you the benefits you’re entitled to.
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Were you hurt in a workplace accident in South Carolina? Contact the experienced worker’s compensation attorneys of Hammack Law Firm at 864-326-3333 to schedule a free, confidential consultation to discuss how we can put our skills to work for you.
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.