You never expect to become hurt while at work. You are simply trying to earn an income to support you and your family and suddenly, you suffer serious injuries that incur high medical bills and prevent you from working to pay for them. Fortunately, the workers’ compensation system in South Carolina was created to help with these situations. If you have been in a workplace accident, you can file a claim for benefits with your employer’s insurance company. Our Greenville workers’ compensation lawyers can help you through the process and, if necessary, with your appeal after being denied.
What Causes Workplace Accidents?
According to the Bureau of Labor Statistics, there were more than 2.8 million reported illnesses and injuries in 2022. Considering that some employees do not report a workplace accident to their employer, that number is likely even higher. Tragically, 5,190 Americans did not survive their workplace accident in the same year. The most common causes of these accidents are as follows:
- Overexertion: Overexertion injuries are a result of excessive pushing, lifting, holding, pulling, or throwing.
- Falls from scaffolding and ladders: These accidents are most common in the construction industry, which is inherently dangerous.
- Struck by falling objects: People in all industries can become hurt by falling objects. A construction worker may be hit by a tool dropped from a level higher than them, and office workers can become hurt if they are hit by a falling object when trying to get supplies off of a shelf.
- Slip and falls: Slip and falls are some of the most common types of accidents, within workplaces and outside of them. Cluttered floors, loose cords and wires, insufficient lighting, and other hazards can all cause slip and fall accidents.
- Repetitive motion injuries: Carpal tunnel is the most common type of repetitive motion injuries. These injuries are caused when people make the same motion over and over again while on the job, such as typing on a keyboard, holding trays, or scanning items at a cash register.
- Motor vehicle accidents: Many people, such as delivery workers, have to drive to earn their living. Employees can file a workers’ compensation claim to cover their losses in these situations. However, an employee does not have to drive regularly to obtain workers’ compensation after an injury. Even if you were simply running an errand for your boss before getting into an accident, you can still claim workers’ compensation.
Regardless of what caused your workplace accident, you can likely obtain workers’ compensation if you were performing the duties of your employment. In South Carolina, any employer who regularly employs four or more people must purchase workers’ compensation.
What to Do After a Workplace Injury
If you have been hurt while on the job, there are two important steps you should take right away. The first is that you must receive medical treatment. If you require emergency medical treatment, you can visit any emergency room and have the visit covered by workers’ compensation. After that, however, your employer has the right to choose your medical provider. If you see any doctor who is not approved by your employer or their insurance company, workers’ compensation will not cover those costs. This is true even if you see your own doctor initially to confirm that the injury is work-related.
You should also report the workplace accident, and the resulting injuries, to your employer. You only have 90 days to report the injury to your employer and if you do not report within this time, you will likely forfeit your right to obtain benefits. It is not uncommon for business owners, managers, and supervisors to try and talk employees out of reporting the injury. This is illegal and if you have felt this pressure, it is important to speak to a Greenville workers’ compensation attorney as soon as possible.
What is Considered a Workers’ Compensation Injury?
Injuries sustained in the workplace come in many different forms. Some of the most common types of workplace injuries are as follows:
- Burns
- Broken bones
- Spinal cord injuries
- Back injuries
- Neck injuries
- Shoulder injuries
- Repetitive strain injuries
- Lacerations
- Ergonomic injuries
- Electrocutions
Workers’ Compensation Benefits Available
There are many different types of benefits available under the workers’ compensation system in South Carolina. These are as follows:
- Medical expenses: You can obtain benefits for all of your reasonable medical treatment. Although you have this right, disputes often arise. Your employer may argue that your injuries were not sustained on the job, or that certain medical treatment was not necessary. It is well known that the cost of medical treatments can quickly add up so if your employer or their insurer is trying to deny you coverage, it is important to speak to a Greenville workers’ compensation lawyer.
- Lost wages: Workplace accidents are very serious and it is likely that you will not be able to return to work right away. In this situation, you can obtain income replacement benefits. Injured employees are entitled to two-thirds of their average weekly wage for the last four quarters. However, there is a maximum limit set every year and this limit can significantly impact high-income earners.
- Long-term disability: In cases that involve very serious injuries or fatalities, permanent disability benefits may be available. You can receive these benefits for up to 500 weeks. These cases, though, are even more complex than other types of workers’ compensation claims. It is always advised that you speak to a workers’ compensation lawyer after suffering a long-term disability or you have lost a loved one in a workplace accident.
What to Do After a Claim Denial
Unfortunately, workers’ compensation claim denials are not uncommon. Your employer, and the insurance company that provides them coverage, often want to protect their bottom line and profits rather than provide you with the benefits you are entitled to. If your workers’ compensation claim has been denied, there are both informal and formal hearings you can attend to try and have the decision reversed. These hearings are very intimidating and stressful. If your claim has been denied, it is important to work with a Greenville workers’ compensation attorney who can help you through the process and give you the best chance of success.
Call Our Workers’ Compensation Lawyer in Greenville Now
If you have been hurt in a workplace accident, it is important to protect your legal rights. At McCravy, Newlon, Sturkie, & Clardy, our Greenville workers’ compensation lawyer can help you do it so you obtain the most favorable outcome. Call us now at 866-MCCRAVY or contact us online to schedule a free consultation and to learn more about your legal options.