If you suffered an injury or illness related to your job, you may be eligible to collect cash payments as well as other workers’ compensation benefits. Most employers in South Carolina have to provide workers’ compensation coverage to their employees. This insurance kicks in when you suffer injuries in a workplace accident and cannot return to your job until you heal. Even if your accident occurred because of something you did, you may still qualify for benefits under the state workers’ compensation laws.
At George Sink, P.A. Injury Lawyers, our attorneys will examine every aspect of your workers’ compensation claim and fight to get you the benefits and compensation you deserve. Call us today at (888) 612-7001 for your free initial consultation, and to learn more about how a workers’ compensation lawyer in Columbia, SC can help you. We can meet you at home, in the hospital, or at our office.
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Eligibility for Workers’ Compensation Under South Carolina Law
Many employees in South Carolina are eligible for workers’ compensation if they suffer an on-the-job injury. Exclusions are relatively rare, but include:
- Small business employees, if their employer has fewer than four employees
- Railroad workers
- Many agricultural and farm workers
Unless you fall under one of these exclusions, you should be eligible for workers’ compensation benefits. All you should need to prove is:
- That you suffered an injury or an illness;
- That the injury or illness occurred at work, because of work, or was otherwise related to work; and
- You did not deliberately injure yourself.
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Benefits Available After a Workplace Injury in Columbia, SC
When an on-the-job injury or illness requires medical care and keeps you out of work, you need money to help you pay for your treatment and make ends meet. Workers’ compensation can help but will not cover your full lost wages or other losses such as pain and suffering.
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Workers’ Compensation Benefits
Workers’ compensation laws in South Carolina provide a number of benefits for injured employees. This includes:
- Medical treatment and related expenses
- Compensation for lost wages during your time away from work
- Permanent total disability and/or permanent partial disability
- Funeral and burial benefits, if they die in a workplace accident
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What is a third-party claim in workers compensation?
In some cases, you may also be eligible for additional compensation after a workplace injury. While you cannot file a lawsuit against your employer, you may be able to hold a third party liable if it caused your on-the-job injuries. If we are successful with this type of claim, your damages may include:
- Any medical bills not covered by workers’ compensation
- Lost wages not covered by workers’ compensation
- Ongoing care costs
- Out-of-pocket costs related to your injury
- Pain and suffering damages
We Can Help You Fight a Workers’ Compensation Denial
All too often, a workers’ compensation coverage provider will deny an employee’s claim. When this happens, an employee must act quickly to fight for the full benefits he deserves. We know you need to focus on recovering from your injuries and do not need the added stress of dealing with this process. We also have the experience you need to get the benefits you deserve.
We can help you file a Form 50 detailing your injuries and how they occurred and get your case on the Workers’ Compensation Commission’s docket. It may take a few months for them to look into your case, then we will need to attend a hearing with the Commissioner assigned to your case. At this hearing, we may be able to help you get approved for benefits.
If the Commissioner does not approve your workers’ compensation claim during this hearing, we still have other options to fight for your benefits. This includes:
- Appealing to the full Workers’ Compensation Commission
- Appealing to the Circuit Court
- Appealing to the South Carolina Supreme Court
We May Be Able to File a Civil Suit in Your Workplace Injury Case
Because they cannot hold their employer legally responsible by filing a lawsuit against them, many injured workers assume there is no way to take legal action against a negligent party that caused their injuries. However, this is not always true. Our team will explore other ways to get compensation on your behalf and may be able to identify a third party who contributed to your injuries.
This may include:
- Property owners
- Contractors or subcontractors
- Workers who share space on a job site with your team
- Manufacturers of defective products
For example, imagine you were working on a construction site when an untrained forklift driver employed by another contractor knocked over a stack of supplies, crushing your leg. Doctors were able to save your leg, but you missed months at work and may never return to your previous job.
You would likely qualify for workers’ compensation from your employer, but we may also be able to pursue a successful case against the contractor who carelessly allowed an untrained employee to operate a forklift. This will allow you to recover additional compensation above and beyond your workers’ compensation benefits, including pain and suffering damages.
Talk to a Workers’ Compensation Lawyer in Columbia, SC, Today
At George Sink, P.A. Injury Lawyers, we have the knowledge and resources to help you get the money you need. Whether you need help understanding your rights after a workplace injury, fighting a workers’ compensation denial, or examining the possibility of holding a third party liable for additional damages, our team can answer your questions and fight for the results you deserve. We offer free case reviews and can help you understand your options for getting the money to make ends meet after an on-the-job injury.
Call a Columbia workers compensation lawyer (888) 612-7001. We can meet you at the hospital, at your home, or in our Columbia office.
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