It’s just a regular day at the office until you slip and fall on a wet floor coming out of the bathroom. Or as you’re heading to your work station, one of the other employees operating a boom lift gets momentarily distracted and knocks you down. Of course the other employees come to your aid and maybe even a supervisor or two checks to see if you need immediate medical attention but what steps should YOU take to ensure you are fully covered under all South Carolina workers’ compensation laws?
If you are both physically and mentally competent immediately after the injury occurs then make sure your superior knows what transpired. Even if the injury requires prompt medical attention, most employers require all accidents be reported within a certain time frame, usually 24 hours. While South Carolina workers’ compensation law states you have 90 days in which to report your injury and have your claim filed, it definitely is in your best interest to contact your employer as soon as possible. Often any delay in reporting may adversely affect your case.
While state law requires you must report an on the job injury as soon as possible and definitely within 90 days so no benefits are lost, you do have up to two years to file a benefits claim. This clause often comes into play when an on the job injury results in long-term disability or even death.
Because of the extenuating circumstances frequently surrounding the death of an employee, the employee’s estate may need this additional time to compile all the necessary documentation.
After you have contacted your employer and given them all the required information, they in turn must file this claim with the South Carolina Workers’ Compensation Commission. If after a reasonable amount of time passes and no monies have been paid, it may be because your employer did not file your claim through his workers’ compensation representative and/or the state of South Carolina’s governing body. If this occurs you are allowed to file the claim on your own behalf. While this can be a daunting task and doesn’t always guarantee a positive and timely outcome, it may be in your best interest to contact the Dan Pruitt Injury Law Firm to intervene.
Another reason why discussing your case with an attorney may be necessary is because while legally you can’t be terminated due to being injured on the job or for filing a workers’ compensation claim, many times employers disregard this part of the law simply because South Carolina is a “right to work” state and no legitimate reason is necessary in order to end your working relationship.
While South Carolina workers’ compensation laws are fairly straightforward, unfortunately many times due to the potential cost factor involved, employers aren’t always willing to comply with these regulations. This can quickly escalate into a major financial concern for your family and can possibly create lingering health problems depending on the natural of the injury. If you’ve been injured on the job and are concerned about how your claim is being handled by your employer, please contact the Dan Pruitt Law Firm today at 864-232-4273 to schedule a free consultation.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.