In most situations in South Carolina the law does not allow an injured employee to file a lawsuit directly against their employer for an on the job accidental injury. Instead the legislature has passed the South Carolina Workers Compensation Act which allows injured workers to receive limited benefits, but those benefits are meant to be available without regard to fault. That is to say, that an injured worker may be able to get the benefits needed even if their own negligence caused the workplace injury.
If you've suffered an injury on the job, make sure you know the benefits to which you may be entitled under South Carolina's Workers' Compensation laws. Many times avoiding financial hardship depends upon having benefits, including medical care and temporary disability payments, started promptly.
It is important to avoid the pitfalls which can jeopardize your claim and as a result jeopardize your health and financial stability. For example, failure to file your claim within the prescribed period may result in your being barred from making your claim at a later date. Even when you have a good relationship with your employer, remember that Workers Compensation Claims are often handled by Insurance Companies and not by your supervisor or employer directly. If your Workers Compensation Insurer is claiming you haven't been injured, or that the injury you've suffered isn't serious enough to qualify for workers' compensation benefits, beware. You may stand to lose critical benefits, such as medical care coverage, lost wages and future lost wages. And if you are a dependent of a person that has an on the job injury resulting in death, you may be entitled to death benefits.
Attorney Brian McDaniel has represented employees injured on the job in a variety of occupations from construction workers, mechanics, nurses, school teachers and office and factory workers.
If you have been injured at work and you live in the Beaufort, Jasper, Hampton, Hilton Head, Okatie, Bluffton, Ridgeland, Hardeeville or neighboring counties, we'd like to talk to you to see if we can assist you through the process of filing a claim for benefits before the South Carolina Workers Compensation Commission. Call us at 843-379-5117 or contact us online for a FREE consultation.