What should you do if your employer does not report your injury?
You can file directly with the South Carolina Workers’ Compensation Commission without your employer’s cooperation. An attorney can help you preserve your right to benefits, even if your employer fails to report the incident or disputes the claim.
Do I need a lawyer to file a workers’ compensation claim in South Carolina?
While you are not required to have an attorney, having one can significantly improve your outcome, particularly when claims are denied, benefits are disputed, or third-party liability may apply. The Hughey Law Firm handles workers’ compensation cases on a contingency basis, so there are no upfront costs.
If I am unable to work after a workplace injury, will I get paid?
Yes. Temporary total disability benefits compensate injured workers who cannot return to work while recovering. These benefits are calculated as a percentage of your average weekly wage under South Carolina law.
How long does it take to receive workers’ compensation benefits?
Timelines vary depending on whether the claim is accepted or disputed. Those with accepted claims typically begin receiving medical coverage quickly. Wage replacement benefits follow upon providing medical documentation of an inability to work. Disputed claims require hearings before the Commission and take significantly longer.
What should I do if my workers’ compensation claim is denied?
You have the right to appeal a denied claim to the South Carolina Workers’ Compensation Commission. The Hughey Law Firm handles denied claims and appeals, and can represent you throughout the appeals process.
Can I still receive benefits if the accident was my fault?
Yes. Workers’ compensation in South Carolina is a no-fault system. You are entitled to benefits regardless of whether your actions contributed to the accident, except in cases of intentional self-harm or intoxication.
How long do I have to report a workplace injury in South Carolina?
You must report the injury to your employer within ninety days of the incident. You must also file a formal claim with the South Carolina Workers’ Compensation Commission within two years of the injury date.
How do I know if I am eligible for workers’ compensation benefits?
Most employees in South Carolina are eligible, including independent contractors who may actually qualify as employees under the South Carolina Workers’ Compensation Commission’s four-factor test. Contact a workers’ compensation attorney to evaluate your specific classification.
What benefits can I receive through a workers’ compensation claim?
These benefits include payment for authorized medical treatment related to the injury, temporary total disability payments if the injury prevents you from working, and permanent impairment benefits if the injury results in lasting physical limitations.