Whether you think you’ll need it or not, it is important to know what worker’s compensation or workman’s comp is. It is defined as a type of insurance that provides replacement of lost wages and medical benefits to employees injured while performing their job duties without the possibility of filing a lawsuit against the employer. The reality is that your employer and its insurance company may not agree to settle your claim. But if they did have an offer for a settlement, you are not at all obligated to agree to their terms if you are uneasy about their terms.
Regardless of what is on the table, we encourage you to consult a worker’s compensation lawyer who is well-versed in workers’ compensation bill of rights and workmen’s compensation laws. One of our very best workman comp lawyers can review the settlement of your workers’ compensation claim and give you a realistic figure of how much you could potentially receive in the settlement.
When it comes to a Work injury compensation settlement, it is imperative to know what workers’ compensation benefits you are entitled to as well as workers compensation exemptions, as part of the proposed agreement. In the state of South Carolina, the workers’ compensation program offers cash benefits and medical care for injuries or illnesses that occurred during a job. As a “no fault” system, employees are not required to prove that an employer was at fault to be entitled to workers comp benefits. What must be demonstrated is that the injury or illness occurred in the workplace or was job related. An example of work-related injuries is if you are in a car accident while driving on a work-related errand.
If you suffered an injury at work or developed a work-related illness, you must report your condition to your employer immediately in writing. This is an important step to protect your right to receive benefits. If you do not report this to your employer within 90 days, you may forfeit any right to benefits. However, you do have up to two years to file a claim for benefits. Upon notifying your employer, your employer will have ten days to report your injury or illness to the South Carolina Workers’ Compensation Commission, which oversees the payment of benefits to you. If your employer fails to file a claim with the Commission, you can file a claim directly with them. You can also file a claim if you believe you are not receiving all of the workers’ compensation benefits to which you are entitled, or if your employer disputes your injury or illness as work-related.
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Your employer or its insurance company will cover medical care related to your work-related injury or illness. This includes your doctor’s visits, prescriptions, physical therapy, surgery, and other necessary treatment. If you see a doctor selected by your employer or their insurance company, your doctor or the hospital will be paid directly by your employer or their insurance company. If you chose to see a doctor of your choice, your medical care will not be paid for.
If you are unable to work due to your injury or illness, you are considered “temporarily totally disabled” and you can be paid the wages you would have earned had you been able to continue to work during your recovery period. You are eligible for payment of lost wages if you cannot return to work for at least seven days.
If you're able to work, but earning less due to your injuries, you can receive two-thirds of the difference in your wages. Temporary total disability benefits will continue until your doctor says you can go back to work.
If you are permanently impaired, you will be eligible to receive further compensation or permanent partial disability (PPD) payments. These benefits are two-thirds of your average weekly wage, subject to the same weekly maximum as temporary disability benefits. If you have a partial loss of use, you will receive benefits for a proportionate number of weeks.
As for permanent total disability (PTD), if you have lost both of your hands, feet, arms, or legs, lost vision in both eyes, or have suffered a combination of two of these losses, you are considered totally and permanently disabled and can receive more benefits. You will continue to receive benefits at your total temporary rate for up to 500 weeks. Paraplegics, quadriplegics, and brain-damaged workers can even receive lifelong benefits.
If you were denied benefits or disagree with the benefits decision, you have the right to an appeal. If you disagree with the commissioner’s decision, then you have the right to file an appeal to be heard by the Commission.
With all these processes that are involved, it’s important to know what questions to ask your workers compensation lawyer including workers’ compensation settlement amounts and what benefits to expect for the workmans comp settlement after surgery.
Our topnotch legal team at Murphy Crantford Meehan is devoted to every case in Summerville, SC. If you or a loved one has been involved in a worker’s compensation accident in Summerville, it is important that you call us at Murphy Crantford Meehan for a free consultation, which would include a breakdown of workers’ compensation lawyer fees. Having represented numerous workers’ compensation victims from Summerville and other areas, we are confident in our ability to garner a full recovery for your injuries through a fair settlement. Let our top workman’s comp attorneys get you what you deserve to receive as we take you through the process. You can count on us to seek what is rightfully yours.
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