In most cases, workers are entitled to workers’ compensation benefits if they suffer an injury while carrying out their duties or become ill at work. This is because of the insurance program that is designed to protect employees by compensating those who suffer any illness or injury that is work-related. In Charleston, the compensation of eligible employees may allow them to receive benefits like covering their lost wages and medical bills. This is done regardless of who was at fault in causing the accident in question. However, the worker loses his or her right to file a personal injury lawsuit against the employer upon taking worker’s compensation.
Applying for the benefits can be a complicated process. Therefore, it is essential to secure the services of a reliable work comp attorney that will guide you and help understand the whole process.
Necessary Requirements for Worker’s Compensation
There are three primary eligibility requirements that workers should meet for workers’ compensation to apply. The following are the requirements in South Carolina.
- Employer with worker’s comp insurance
It is important to note that it is not a requirement for every employer to carry the coverage. This is because the requirements of the employer depending on the number of employees, the kind of the work being performed and the type of the business. Therefore, it is important to confirm first if your employer is covered before filling the claim.
- Must be an employee
You must be classified as an employee as not all workers are considered as employees. For instance, an independent contractor is not entitled to worker’s compensation benefits as he or she is not an employee. Moreover, an employer can dispute the status of your employment during the claim in some circumstances.
- Injury or illness must be work-related
The workers’ compensation claim works if only you injury or illness is related to something that you were doing for the benefit of the employer. Filling an application of injury that is not work-related can typically be tricky.
How do I Report Injuries?
The law requires you to report your work-related injury to your employer immediately and if necessary seek medical attention. This is because you are likely to lose your ability to file for workers’ compensation benefits if you fail to report within 90 days.
However, although the law requires you to report an injury within 90 days in South Carolina, filling workers’ compensation claim allows you two years. In case the injury or illness leads to death, your loved ones will are allowed to claim within the same period.
What do I need to do to File a Claim?
When filing a claim, you should download, fill out and then submit a Form 50 or Form 52 to the Workers’ Compensation Commission of the state. The next step should be calling the agency’s claims depart to request them to send an email of the form and then check the box that state that you are filing a complaint.
Overall, the processing of filling a claim can be complicated, which explains why you need an experienced work comp attorney to inform you of the requirements and take you through the process. This helps you succeed in filling a claim and avoid having you application disputed by our employer under unclear circumstances.