If you’re considered an employee under the South Carolina Worker’s Compensation Act, you’re likely covered under workers’ compensation insurance, also known as workman’s compensation, which pays for medical care and rehabilitation after a workplace accident. Worker’s comp may also pay for disability resulting from an accident, as well as lost wages.
Problems arise when insurance companies minimize the severity of your injury or disability to pay you as little accident compensation as possible. Know your rights and responsibilities if you have a workplace accident.
Report your accident immediately.
Talk to your supervisor and follow any procedures your employer has regarding accident reporting. Do whatever you can to report it in writing, if your employer does not require it. This could be in the form of an email or letter, and be sure to keep a copy with proof of delivery.
Know where to go for treatment.
When you have a workplace accident with injury, you are usually required to visit the employer’s designated medical provider. Be sure you know who that provider is.
Consider consulting a workers’ compensation attorney as soon as possible.
Your employer’s insurance company will use any means necessary to pay as little as possible, including hiring attorneys and adjusters. You’ll be at a significant disadvantage unless you hire your own workplace accident lawyer to fight for your rights. You do have a right to request a hearing if you are not satisfied with the accident compensation you receive, and having a lawyer present will increase your chances of winning the case.
Determine whether any third parties are involved.
Your workers’ comp attorney will ask you about any third parties that may have been involved in your accident, such as contractors or equipment manufacturers. Be as detailed as possible when describing the accident to your lawyer.
Know what happens to your income if you go back to work part time or must stay home.
After you’ve been treated, your next concern is your income. If you cannot work, you may be entitled to receive wage compensation while you are off work, no matter who was at fault in your accident. Often, you will be offered less than you deserve, so be sure to check with a worker’s compensation lawyer before accepting any offer from your employer or its insurance company.
Make sure your dependents are familiar with how workers’ compensation works.
In the event you are incapacitated or killed in a workplace accident, your dependents need to know their rights so they receive fair accident compensation. Share this blog post with them so they know what to do, just in case.
If you have been involved in an accident at work, you need a workplace accident attorney who will fight for your rights. Your employer’s workers’ compensation insurance company will do everything in its power to pay you less than you deserve, so level the field with your own representation.
For more information on steps to take after experiencing a workplace accident, click here.
A few weeks ago I posted a video called “You Didn’t See Me” that sheds light on the tragic consequences of motorcycle accidents. After forty years of practicing criminal defense, workers compensation and personal injury law in South Carolina, I can tell you that motorcycle wrecks are some of the most horrific cases I have been involved in. I can also tell you that after many of these wrecks the other driver reports that they never saw my client or their bike.
To bring awareness to the dangers of motorcycles going unseen on our roadways, I had bumper stickers made. Please feel free to stop by my office to pick one up for your car or bike! We are located next to the Charleston Crab House on James Island (147 Wappoo Creek Drive). Click here if you need directions or give us a call 795-9300.