Wednesday, October 16, 2019

Hurt at Work FAQ

When workers are injured on the job, there are always a lot of questions that will be asked. Those answers can play a big role in how a workers compensation claim is handled. Here is a look at some of the most frequently asked questions by people who are hurt at work.

What should I do if I am hurt at work?

The first thing you should do is report the injury to your supervisor and there is 120 days to report the injury. It is also a good idea to inform your employer in written form a keep a record for yourself.

For professional guidance, you may seek consult from a personal injury attorney at LEIP Law.

Do I have to see a company doctor when injured?

Companies will have a list of approved medical practitioners. Those injured on the job can choose from one of those practitioners and must see them within a certain amount of time after sustaining the injury.

Can my employer take action against me after I file a claim?

No. Employers are not permitted to fire employees who file a workers’ compensation claim. If you are fired, then you can take action and file a wrongful termination suit against the employer.

Will my injury cost my employer a lot of money?

The truth is that an insurance company pays out worker’s compensation and not your actual employer. Filing a workers’ compensation claim will not bankrupt your employer as it will default to the insurance company.

How is the compensation amount calculated?

When receiving workers’ compensation benefits in South Carolina, you are entitled to two-thirds of your weekly pay rate. That rate is taken from the four quarters of earnings that preceded your injury.

Can I sue my employer if they caused the accident that led to my injury?

South Carolina generally prohibits workers from suing employers. However, there are exceptions. That occurs when an injured person can prove his/her employer intentionally did them harm.

What if I can no longer perform the duties of my previous job?

South Carolina has instituted something called vocational rehabilitation for this exact situation. This involves a rebuild of an individual’s work skills so they can once again perform those duties.

My injury occurred over time, can I still qualify for compensation?

Yes. There is no difference in this matter as injuries that develop over the course of time are taken just as seriously as spontaneous injuries.

Any other questions regarding workers compensation in Columbia, SC should be directed to the legal team at LEIP Law. 

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