Do I Need a Workers’ Comp Lawyer?
Know Your Rights: Workers’ Compensation Act and Workplace Injuries and Accidents
Consult with an attorney, immediately. There are statutes of limitations associated with legal claims such that if certain timelines for notifications and filings are not met, you may lose your rights forever. Your attorney owes you a fiduciary duty and should advise you as to what is in your best interests and answer all of your questions and concerns.
Generally, a worker with a South Carolina workers’ compensation claim has 90 days to advise the employer and up to two years to file the claim with the South Carolina Workers’ Compensation Commission. It is best to address both the medical treatment and legal claims process associated with a South Carolina workers’ compensation accident and injury as soon as possible.
Steps to take following a work accident
- Call 911 for any emergency and obtain medical treatment; at the earliest opportunity
- Immediately advise your employer of your injury
- Do so in a documented fashion if possible:
- by text
- by e-mail
- counter-signed statement to the employer
- Ask your employer to send you for medical treatment
Ideally, your employer would immediately report the accident and injury to their workers’ compensation insurance company, should they have a policy.
Oftentimes workers are misclassified as independent contractors when, by law, are in fact, employees. In an effort by employers to avoid paying overtime wages and workers’ compensation coverage to workers. Such issues can be remedied. Sometimes the employer fails or refuses to report the accident and injury, and other times the employer will refuse to assist with medical treatment, and even threaten, intimidate, or retaliate against the employee.
The South Carolina Workers’ Compensation Act provides valuable benefits to workers who qualify under the South Carolina Workers’ Compensation Act. The insurance companies should be required to provide the injured worker with all necessary medical treatment and reimbursement for out-of-pocket costs and mileage; compensation if the employee is unable to work; and compensation at the end of the process for permanent injury and otherwise.
ABOUT NAERT LAW FIRM
Admitted to practice law in 2009, Zachary founded Naert Law Firm, LLC in 2011 on Hilton Head Island. He has continuously represented plaintiffs in the practice areas of….