Workers Compensation Claims
Workers Compensation Claims
Workers compensation claims are handled by the firm. If you have been injured on the job in South Carolina, you may be entitled to compensation for your injury under South Carolina’s workers’ compensation program.
What is Workers’ Compensation?
Workers’ compensation is an employer-provided insurance which covers costs related to injuries and illnesses incurred while on the job. This state-mandated insurance requires payments to be made to an employee who has been injured during the course of his or her employment.
Workers’ compensation laws serve several purposes, including:
- Providing quick benefits to victims of work-related accidents;
- Providing a singular remedy to reduce the negative effects of personal injury lawsuits;
- Keep charities from bearing the financial burden of accidents that occur on the job;
- Minimize costs of a lawsuit for the injured individual;
- Encourage an employer to have an interest in employee safety; and
- Encourage investigations for accidents to reduce the number of accidents overall.
Worker’s compensation is a no-fault system, meaning that an employee’s carelessness does not preclude him from claiming benefits when injured.
Who is Covered?
With limited exceptions, every individual who is employed in South Carolina is covered by the South Carolina Workers’ Compensation Act, which means that his or her employer must maintain insurance that is sufficient to pay compensation in the event of a work-related injury.
Examples of individuals who are not entitled to workers’ compensation include:
- Railroad employees;
- Federal employees who work in South Carolina;
- Individuals who work for a company with less than four employees;
- Elected corporate officers; and
- Agricultural workers.
What Does Workers’ Compensation Cover?
An individual who is injured on the job is covered by workers’ compensation for the following:
- Medical treatment related to the injury;
- Wages that were lost during the period in which the individual could not work;
- Compensation for disability which is deemed as permanent.
A worker who is temporarily disabled is generally awarded based on the number of weeks in which the individual could not work.
If an individual is totally disabled, he or she is entitled to an award of up to 500 weeks of compensation. The level of compensation is dependent on the injured individual’s weekly wage and cannot exceed the average weekly wage in the state of South Carolina.
Lastly, if an individual dies as a result of a workplace injury or occupational disease, his or her survivors may be entitled to compensation.
Injured on the Job? We’re Here to Help!
If you have been injured at your place of employment, it is important to act immediately, as an injury must be reported to your employer within 90 days. In addition, in order to receive benefits from workers’ compensation, a claim must be filed within two years.
The process of filing workers compensation claims is complicated, but doesn’t have to be dealt with alone. The experienced attorneys at the Lovely Law Firm are happy to assist you with your claim. To schedule a case evaluation at no charge, please call (843) 839-4111.
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