Being hurt while on the job is stressful and overwhelming. Afterward, navigating the workers’ compensation system in South Carolina without the help of a lawyer will only make the situation even more challenging. There are many laws surrounding workplace injuries, and they are very complex.
Additionally, the insurance company or your employer may deny that you are seriously hurt, which can prevent you from obtaining the full benefits you need. Our Spartanburg workers’ compensation lawyers can help you ensure you receive the medical attention you need, and the benefits to pay for them.
Important Workers’ Compensation Laws in Spartanburg
There are many important laws that govern workers’ compensation in Spartanburg and throughout South Carolina. The first is that you likely have the right to file a workers’ compensation claim after being hurt on the job. In South Carolina, all companies that regularly employ four or more employees are required to purchase workers’ compensation coverage. If you are successful with your claim, you can receive benefits for medical expenses, lost income, and permanent disability.
As in most states, the workers’ compensation system in South Carolina is no-fault. This means that you do not have to prove another person was negligent and caused your injuries. It also means that even if you contributed to the accident, you can still claim the benefits you need. However, if you intentionally hurt yourself, engaged in horseplay, or were impaired, you may be denied benefits.
Your employer will not pay your benefits. Instead, their insurance company will. It is for this reason that most employers in the state are required to carry workers’ compensation insurance. Still, you must report the injury to your employer within 90 days so they can file a claim. If you suffered an injury that occurred over time, such as a herniated disk or carpal tunnel, you have 90 days from the date you learned the injury was work-related to report it to your employer. You should always report a work-related injury to your employer as soon as possible.
All workers’ compensation claims are governed by a statute of limitations or time limit. In Spartanburg, you have two years from the date of the injury to file a claim. If you do not file before this time limit expires, you will likely be barred from receiving any benefits at all.
Common Workplace Accidents in Spartanburg
Any injury that prevents you from properly performing your employment duties and earning the same income as you did prior to the accident is enough to justify a workers’ compensation claim.
Some of the most common workplace accidents in Spartanburg are as follows:
- Slip and falls: Slip and falls are one of the most common types of accidents a person could become hurt during, particularly at work. Uneven flooring, broken handrails, and loose wires or cords are just a few of the hazards that can cause an employee to slip or trip and, ultimately, fall and suffer serious injury.
- Overexertion: Overexertion occurs when workers lift heavy objects, perform repetitive tasks, or bend over. Overexertion injuries are particularly common in the construction and manufacturing sectors.
- Falling objects: When objects fall from a height, it can result in significant injury. The falling object does not even have to be heavy to cause injury. With enough momentum, even a light object can cause serious injury, particularly if it hits an employee on the head.
- Motor vehicle accidents: Many employees are required to drive a van, car, or truck during the course of their employment. When they are on the road, these employees can become hurt just like any other motorist. Motor vehicle accidents can result in some of the most serious injuries, including broken bones, traumatic brain injuries, spinal cord injuries, and more.
When Do You Need a Spartanburg Workers’ Compensation Lawyer?
Not all workplace injuries require the help of a workers’ compensation lawyer. For example, if your injuries are quite minor, do not require extensive treatment, and you are able to return to work right away, you likely do not need an attorney to help with your case. Additionally, if your employer agrees that you were hurt during a workplace accident and their insurer is authorizing the medical care you need and paying benefits on time, legal representation is probably not necessary.
On the other hand, there are times when it is essential that you work with a Spartanburg workers’ compensation lawyer. These include when:
- You believe the insurance company is intentionally delaying your claim in order to defer making payments.
- Your employer or their insurance company is refusing to send you to an appropriate doctor for your injuries. In South Carolina, employers and the insurance companies that represent them have the right to choose the medical providers employees see after an injury.
- The workplace injury you suffered was serious, causing permanent impairment, requiring surgery, or preventing you from returning to work soon afterward.
- The insurance company is refusing to provide the full benefits you are entitled to under the law.
It is not always easy to determine if you are being treated fairly by the insurance company. If you are unsure or need help with the process, it is always advisable to speak to a Spartanburg workers’ compensation lawyer. An attorney can review the facts of your case, advise on the benefits you are entitled to, and communicate with your employer and their insurance company on your behalf.
Many workers’ compensation attorneys offer free consultations, so it will not cost you anything to receive initial advice on your case.
Contact Our Workers’ Compensation Lawyer in Spartanburg for a Free Case Review
If you recently sustained a workplace injury, or you are fighting with your employer or their insurance company for full benefits, you need sound legal advice. At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg workers’ compensation lawyer can provide it and guide you through the process so you obtain the full benefits that are rightfully yours. Call us now at 866-MCCRAVY or contact us online to schedule a free review of your case and to learn more about how we can help.