Workers Compensation and You

About Workers’ Compensation

The South Carolina Workers’ Compensation Act allows workers to receive medical care and financial benefits without having to prove fault when injured on the job.

Among the primary benefits of Workers’ Compensation are paid medical expenses, reimbursement for lost wages, and disability reimbursement. After missing seven days of work, workers can receive two-thirds of their average salary. Medical expenses, if approved, are paid in full.

Advantages of Using an Attorney for Your Workers’ Compensation Claim

Coping with an injury is difficult, and it can be even more difficult when waiting for insurance benefits.

Hiring an attorney to handle your Workers’ Compensation claim is the best way to ensure that your claim will be filed correctly and that you will receive the benefits you are entitled. An attorney experienced in Workers’ Compensation claims can quickly file your claim and offer you valuable advice. Most importantly, you will have time to recover from your injury without worrying about the details of your claim.

Am I Eligible?

To qualify for Workers’ Compensation benefits you must meet the following criteria:

Your employer must have four employees.

The injury must have occurred while you were working.

When the injury occurred, all safety precautions required by your employer were used and you were not under the influence of drugs or alcohol.

You were treated by a doctor who was chosen or approved by your employer.

The injury was reported within 90 days and the claim is filed within a two-year period.

Please Note: This is NOT intended to be legal advice. Since every situation is different and additional requirements may apply to your claim, the best way to determine if you are eligible is to talk with an attorney.

What to do if you are injured at work...

Because accidents cannot be anticipated, you should have an idea of what you will need to do if you are injured on the job. Keep this checklist on hand as a reference so that you can be sure to collect all the information you will need to file a Workers’ Compensation claim.

1. Get Medical Assistance
Always seek medical attention immediately if you are injured.

2. Report Injury to Work Supervisor
It is very important to report your injury to the proper person(s). When reporting an on-the-job injury, you should speak to your work supervisor. Be sure to be as detailed
as possible in your report. Your report should include:

Time and place of the injury

Circumstances surrounding the incident

Extent of your injuries

Names of any witnesses

You will need this information when you file a claim or if you consult with an attorney, so you should write down everything you discuss with your supervisor for future reference.

REMEMBER, on-the-job injuries must be reported to your employer within 90 days!

3. Consult an Attorney
Since employers are not required and usually do not
assist their employees in filing Workers’ Compensation claims,
it is in your best interest to consult with an attorney.
An attorney can file your claim and assist you if any problems
should arise. You should be ready to supply to your attorney
the following information:

Personal Information

Your social security number

Address and telephone number

Education and job history

Description of your job

Your Employer’s Information

Address

Type of business

Medical Evidence

Names, addresses, and telephone numbers of any doctors you consulted

Witnesses

Names, addresses, and telephone numbers of all witnesses to your accident

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Toussaint Law Firm, PC 10131 Clemson Boulevard Seneca, South Carolina 29678 Call toll free: (866) 859-3909 Phone Number: 864-888-1900 Fax Number: 864-888-0038 kstlaw@bellsouth.net