What Should You Do After A Work Accident?
If you are injured at work, you may have a right to workers’ compensation benefits. Unfortunately, many South Carolinians do not understand the actions they need to take after a workplace accident to protect their benefits.
If you do not adhere to the correct procedure outlined by South Carolina law, you may forfeit your right to collect necessary benefits. This means that you would have to pay all medical bills and rehabilitation costs out of pocket, and you would not be reimbursed for any lost wages from missed work.
Below, we compiled a list of key steps that an injured worker should take after an accident. If you have questions, call Chandler Law Firm at 843-448-HELP (4357) to discuss your case and options during a free initial consultation with our accomplished lawyers.
Key Steps To Secure Workers’ Compensation Benefits
- Report the injury to your employer. You must report your injury within 90 days to be eligible for workers’ compensation, but you should report your injury as soon as possible after the accident.
- Seek medical attention. You must schedule a visit with a doctor selected by either your employer or its insurer. Your medical bills are reimbursed only if you visit a preapproved medical provider.
- You MAY need to file a workers’ compensation claim. In most cases, the employer reports the injury to its insurance company so the employee can receive benefits. If the employer fails to report your injury, or your claim is denied, you need to file your claim using Form 50 with the South Carolina Workers’ Compensation Commission (SCWCC). You have two years to file this form from the time of your accident.
- You MAY need to request a hearing. If there is a claim dispute, you may need to file for a hearing with the SCWCC.
- You MAY need to appeal their decision. If the SCWCC commissioner denies your claim, you may need to file an appeal. You have 14 days to file an official appeal. You may also request to resolve the dispute with your employer through mediation.
- If the appeal fails, you may still pursue workers’ compensation. If your appeal is denied, you can file your case with the South Carolina Court of Appeals, which will have the last say in your case.
How Can An Attorney Help?
Unfortunately, insurers or employers may deny legitimate workers’ compensation claims to protect their financial interests. Once an initial claim is denied, you may have to face a complex and unfamiliar appeals process.
A skilled attorney understands how to gather relevant accident evidence and medical documentation to support your claim. He or she can negotiate with the insurance company or strongly present your case during the appeals process. An attorney understands all the relevant workers’ compensation guidelines and how to protect the validity of your claim.
Contact Us To Secure A Strong Legal Advocate
Chandler Law Firm has assisted South Carolina’s injured workers since 1999. Our firm has helped individuals from all professional backgrounds, including nurses, construction workers, police officers, restaurants workers, brick masons and more. We have the experience and dedication to protect your claim.
We address all workers’ compensation cases on a contingency fee basis. You do not owe us any attorneys’ fees unless we secure benefits on your behalf.