R2-Important information if you have been injured on the job
- André Rembert
- Workers Compensation
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When a person has been hurt on the job, they will most likely want to seek worker's comp to cover their injuries and lost time at work due to the accident. Before a claim is filed in South Carolina, there are some workers comp laws that you may need to familiarize yourself with.
Many people that have been hurt on the job are hesitant to file a claim against there employers. They are afraid that this will cause them to lose their jobs; however, this is not true. A person cannot be let go because, according to South Carolina state law, an employer is prohibited from terminating an employee simply because they filed a workers' comp claim. If your employer threatens to fire you or actually does, then you can file a case in civil court for wrongful termination as well.
An individual is not eligible to file a workers' comp claim unless they have been unable to work due to the accident for more than seven days. If you are unable to work for longer than that period, then you are most likely eligible to file a claim. Your attorney will be able to discuss in further detail with you what you need to know when filing for workers' comp.
If the injuries you sustained are not severe and the doctor that has been chosen by your employer has checked you out and cleared you for light work, then if your employer requests it, you will have to comply. If you refuse, you may not be able to receive continued workers' comp benefits.
Some workers' compensation cases may require more action. For instance, if a fellow employee or your employer caused the injury, then you might be able to file a civil lawsuit as well. In cases like this, where the other party's negligence caused your accident, you can potentially sue for pain and suffering under the civil action.
Many people believe that their boss is the one that will have to make the payout when they file a worker's comp claim, and usually, this is not true. Most companies have insurance that covers worker's compensation situations, and generally, the insurance agency is the one paying the settlement.
Finally, if your claim is denied and you disagree with the outcome, you can appeal it. Under these circumstances, the worker's compensation commission will help oversee the claim and hold a hearing if you or your employer contest the end result of the case.
Worker's compensation claims can be complex, and you may benefit greatly from the assistance of an attorney. The Rembert Law Firm is just a phone call away to see if we can assist you in your worker's comp claim.