How To File A Workers' Compensation Claim
After suffering an on-the-job injury or illness, most South Carolina employees have a right to file a workers’ comp claim to receive compensation for medical expenses and wage replacement. However, the workers’ compensation process can be confusing. Working with our experienced Rock Hill workers’ compensation law firm can optimize your chances of receiving a fair and full settlement.
Contact Stewart Law Offices for a free consultation.
How Stewart Law Offices Can Help You File a Workers’ Compensation Claim
However, many injured workers are surprised when their claims face unfair delays, reductions, or denials. In many cases, insurance companies and employers attempt to block an injured employee from receiving the benefits they deserve.
The seasoned legal team at Stewart Law Offices has over 25 years of experience helping injured workers recover compensation for their medical bills, lost wages, and other losses. We stand up for the rights of employees who have suffered harm due to a workplace accident or occupational illness.
Our workers’ compensation attorneys can:
- Handle every aspect of filing your workers’ compensation claim
- Stand up for your rights if the insurer denies or undervalues your case
- Calculate the total value of your workers’ compensation benefits
- Advocate for you during hearings or mediation sessions
- Protect your rights under the law
Our compassionate and skilled team is standing by to help you achieve fair compensation in your workers’ compensation case.
Eligibility for Filing a South Carolina Workers’ Compensation Claim
Under South Carolina law, most South Carolina employers are required to provide workers’ compensation benefits. The workers’ compensation system is a no-fault system, so injured workers do not have to prove their employer is negligent to have a right to receive benefits. Therefore, most injured employees here qualify for workers’ compensation benefits if they have sustained a workplace injury. Eligibility requirements include the following:
- You are a full- or part-time employee at a business that regularly employs four or more workers.
- You suffered injuries while performing your work duties.
- You did not suffer your injuries while intoxicated or under the influence of drugs.
- You did not intentionally inflict the injury on yourself.
As long as your injuries happened while you were performing work-related duties, even if you were not at the workplace at the time of the accident, you may be eligible to claim workers’ comp benefits. If you have any doubts, speaking to a qualified Rock Hill workers’ comp lawyer can help you learn whether your injuries qualify for workers’ comp benefits.
Step-by-Step Filing Guide
When filing a workers’ compensation claim in South Carolina, taking the following steps can allow you to maximize your chances of a favorable result:
- Reporting the Injury: In South Carolina, you have 90 days to report your workplace injury or occupational illness to your employer. Provide written notice as soon as possible and keep a copy for your records. You then have up to two years from the date of receiving the injury to file your claim with the South Carolina Workers’ Compensation Commission (SCWCC).
- Seeking Medical Attention: See a medical provider immediately and inform them that you suffered a work-related injury or illness. Your employer has the right to choose your treating doctor. Ask for your employer’s list of approved doctors. Follow your doctor’s orders carefully and document all medical treatment.
- Documenting the Incident: Write down all details about the accident, injury, witnesses, and unsafe conditions. Take photos of the accident scene and your injuries. Request and maintain copies of incident reports.
- Consulting an Experienced Rock Hill Workers’ Compensation Attorney: Having skilled legal representation can significantly improve your chances of a full and fair workers’ comp settlement. An experienced attorney can handle the paperwork, fight for your rights, and advocate for your interests in any legal disputes.
- Filing the Claim: Your employer should provide the necessary claim forms. You can also find them here on the South Carolina Workers’ Compensation Commission website. Complete the paperwork thoroughly and submit copies to your employer, their insurer, and the SCWCC.
- Following Up with Care and Making Appointments: Attend all scheduled medical appointments and follow your treatment plan diligently. Document missed workdays to account for any lost income you can include in your claim.
- Managing Communication: Keep records of all calls, letters, and emails with your employer, insurer, and others involved in your case.
- Returning to Work: Provide regular updates to your employer. Discuss accommodations, if needed, and follow all return-to-work protocols.
What to Do If Your Workers’ Comp Claim Is Denied
A significant proportion of workers’ comp claims are initially denied every year. If your workers’ compensation claim is denied, do not get discouraged. With the help of an experienced attorney specializing in workers’ compensation, you can appeal the decision. The basic steps are as follows:
- Request a Hearing: File Form 50 to request an informal hearing before the Workers’ Compensation Commission within 14 days of receiving the denial.
- Submit Evidence: To build your case, your attorney will gather evidence like medical records, witness statements, and employment documents.
- Attend the Hearing: You and your lawyer will present your side and respond to the insurer’s arguments before a commissioner.
- Consider an Appeal: If the commissioner denies your claim, you can appeal to the Full Commission and potentially to higher courts.
The accomplished workers’ comp team at Stewart Law Offices excels at appeals and hearings. We provide strategic representation to overturn denied claims and maximize your benefits. Do not give up after a denial. Allow our law firm to tenaciously fight for the compensation you deserve.
Contact Us If You’ve Been Asking “How Do I File a Workers Compensation Claim?”
Receiving benefits for a work-related injury or illness should be a straightforward process. However, the legal team at Stewart Law Offices understands how challenging and frustrating it can be, especially when you are still dealing with the aftermath of an accident and serious injury.
Our experienced lawyers are committed to handling every aspect of the workers’ compensation claim process for you so that you can focus on healing. Contact us today for a free consultation to learn how we can pursue the benefits you’re entitled to by law and help secure your future.