Getting injured on the job is probably the most agonizing experience, especially if the injury is to such a degree that you won’t be able to continue with your job. If you are an artisan, having a life-changing injury can be devastating. Luckily, South Carolina is a “no-fault” state, which is applicable to workers’ compensation claims. However, it is always advisable to hire an attorney to help with your claim.
What is Workers’ Compensation?
It is basically a type of insurance providing certain benefits to beneficiaries such as wage replacement and medical benefits. These benefits are paid out to the employees who were injured while duty or in the course of employment. It is important to understand that workplace safety is not just the responsibility of the employer.
The compensation bargain is the trade-off between assured, limited coverage and lack of recourse outside the compensation system. The compensation bargain was established to solve the problem of employers becoming insolvent due to high damage rewards. This was achieved by developing a system of collective liability.
Depending on where you are your payments will depend on the local jurisdiction. These payments usually come down to the replacement of wages, the loss of future and past income, reimbursement and the payment of medical expenses as well as benefits payable to workers that are killed during employment.
Corrective or punitive damages, as well as general damage for pain and suffering, are generally not part of workers’ compensation plans. Negligence is often not an issue when it comes to worker compensation.
Are All Workers’ Compensation Laws The Same?
In the United States, the compensation law differs from state to state, meaning that workers’ compensation claims. In most states, the compensation takes on the
form of medical care responsive to the workplace injury. If an injury occurs when the employee is on their way to or from work, the employee will not qualify for compensation. However, if your jobs demand you to be in different locations during the work day, you may be covered under the workers’ compensation benefits plan.
Luckily, there are various insurance policies available to employers to cover these unforeseen circumstances. If the employer is deemed as high risk they may be unable to get an insurance policy. However, they may qualify for an assigned-risk program. Various states offer public uninsured employer funds to pay benefits to those beneficiaries whose employers do not have proper policies or have illegal policies.
In 2010, 1.6% of all employer expenditure was for workers’ compensation. In the construction industry, this figure increased to 4.4%.
Workers’ compensation claims in South Carolina
In South Carolina, there is an umbrella law called workers’ compensation law under which all workplace injuries and occupational diseases fall for workers’ compensation claims. What the details regarding the benefits that an injured or ill worker can receive is explained in these statutes. These benefits, procedures and other legal matters must be adhered to for workers’ compensation claims to be successful.
The employers’ workers’ compensation insurance will be liable for any hospital or doctor’s expenses that the injured or ill employee might incur. These costs will only be paid if they are related to the injury or illness stemming from the incident at work. There is also a possibility for the worker to receive reimbursement for travel costs as well as the wages that are lost because of the traveling to and from doctors’ appointments.
There is a funeral expense benefit of $2 500 payable to the family of the victim. The victim’s family might also be entitled to receive death benefits. The state laws also provide for income replacement benefits while the employee recovers from their injury or illness. This type of benefits makes a big part of the claims in South Carolina. The amount and time frame for this benefit depend on the severity and duration of the injury that the employee sustained.
If the employee suffered a severe injury or illness and is unable to work for a given period, the employee is entitled to claim Temporary Total Disability Benefits (TTD). This compensation is usually available at two-thirds of the employee’s average weekly wage. There are also benefits available for workers who unable to continue with former work but can still do some work. This benefit is the Temporary Partial Disability Benefits (TPD) and pays the difference between the worker’s current reduced salary and the two-thirds of the average weekly wage that he earned prior to his injury.
Why you need a lawyer
Accidents happen. One day everything is fine at work, and the next day an accident can change your life forever. Think of a workers compensation claim as a car crash. You as a person is the car, and when you get injured or fall ill due to work you are doing, your “car” is damaged. If you are in a real accident, then obviously you would want to get your car fixed as soon as possible. You are willing to sue the other driver to get them to pay for your vehicle to be fixed. The same goes for when you are injured on the job. You are only able to make a living if you can work. Getting injured can have an adverse impact on your future. Hiring a lawyer to help you with your claim is probably the best thing you can do. They are the professionals who know the law and the process. If you and your employer have a good relationship, you might feel reluctant to hire a lawyer. Just remember that your employer’s promises and good intentions will not put food on the table or pay your bills.
The experienced workers’ compensation claims attorney
lawyers at Dan Pruitt Injury Law Firm deal with claims every day and know the arduous claim process. Our skilled attorneys will be able to tell you what you are entitled to and help you appeal a decision if your initial claim was denied. Dan Pruitt in Greenville, S.C., is experienced in compensation claims and will be able to provide you the information you need to ensure that your rights are protected.
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.