Getting injured on the job is not something that anyone plans and it is always unexpected. Fortunately, South Carolina has a Workers’ Compensation system in place to help you pay for your treatment and compensate you for any permanent damage from on the job injuries. Unfortunately, the system can be complicated and hard to navigate without someone who knows what they are doing to guide you through it. That’s why our attorneys here at the McCravy Newlon and Sturkie Law Firm have dedicated their careers to advocating for injured workers. If you have recently been injured on the job, here are 5 things you need to know:
1) It doesn’t matter who’s fault it is.
In South Carolina, Workers’ Compensation is “No Fault”. This means that it doesn’t matter whether you were injured due to something you did or something that your employer did. The only thing that matters is that you were hurt while on the job. Here at the McCravy Newlon and Sturkie Law Firm, we have handled thousands of Workers’ Comp claims and have worked with almost every type of injury.
2) You may have only 90 days to notify your employer.
If you are injured while at work, it’s best to notify your employer right away so they can file a Workers’ Compensation claim for you and start sending you to get the treatment you need. If you are not able to notify your employer at the time of the accident, you must let them know within 90 days of the accident or you may not be able to file a Workers’ Compensation claim.
3) You have 2 years to file a claim.
This one is for those of you who may have been hurt in the past and you did not know your rights. If you were hurt while at work and you notified your employer, but a claim was never filed, you have the ability to file a claim on your own up to two years after the date of injury. Some injured workers keep working through their pain and never receive treatment because they simply do not know they are entitled to it. If you know someone who falls into this category, you should encourage them to speak with an attorney immediately and we will be able to get them the treatment they need.
4) South Carolina law makes it illegal to terminate you because you file a claim.
Most workers’ who are injured on the job are hesitant to file a workers’ compensation claim because they are afraid of losing there job. Fortunately, in South Carolina, it is illegal for an employer to terminate an employee because they filed a workers’ compensation claim against them. If you have been fired because you were injured on the job and filed a claim you should contact our attorneys immediately so we can help you receive the benefits you need.
5) You need a lawyer.
We cannot emphasize enough how important it is to have someone fighting for you who knows South Carolina Workers’ Compensation law inside and out. Our attorneys here at the McCravy Newlon and Sturkie Law Firm have over 20 years of experience advocating for injured workers and we can help you today. Call us for a free consultation.