South Carolina Workers Compensation Law
Anderson, Greenville, Spartanburg, South Carolina
Suffering an injury at work can bring difficulty in performing everyday tasks, paying bills and keeping food on the table, especially if you are the main source of income for your household. The Greenville, South Carolina Workers Compensation attorneys at the Dick James Law Firm understand the hardships an on-the-job injury can cause and we are here to help you through them.
What is Workers Compensation?
Workers Compensation provides a way for employees who have been injured on the job to be compensated by their employer's insurance carrier for that injury. It is a mutually beneficial program through which the employee is compensated for lost wages and medical expenses that have resulted from their injury and the employer is protected from lawsuits brought by the injured employee.
Workers compensation covers nearly any injury or disease that has occurred as a direct result of the duties of the employee's job. The employee must be able to prove that the injury was work related in order to qualify for compensation.
Reporting an Injury
Most employers have some form of Workers Compensation information posted where all employees can see it easily and regularly. This is required by law. If you have been injured, you must report the injury to your immediate supervisor as soon as possible. A detailed and written report of the injury must also be supplied to the Human Resources Department, to any lead supervisors and to the employer's insurance carrier. In order to qualify for benefits, the injury must be reported to the proper authorities within a predetermined amount of time. If you do not file your claim within this time frame, you automatically forfeit your rights to claiming Workers Compensation benefits for your injury.
Complex Stipulations
In South Carolina, workers compensation laws have recently become more complex and have brought an increased need for claimants to seek the advice of a knowledgeable attorney. For example:
Medically Complex Cases – In these cases, the employee must be able to establish that the injury arose as a direct result of their job. It must be proven through medical testimony that the injury is "medically complex".
Repetitive Trauma Injuries – In the case of a repetitive trauma injury, the injury is only compensable if it has been established by medical evidence that the repetitive actions which caused the injury are directly related to the regular duties of the injured party's job. Notice of discovery of the injury must be given within a 90 day period.
Occupational Disease – This condition is now defined as a disease which has resulted from excessive hazards arising from the employee's particular occupation. The disease must be a direct result of continuous exposure to the typical conditions of the job which caused the injury.
Medical Record Confidentiality – An employee's medical records may be discussed between the attending medical professional and others who are directly involved with the Workers' compensation claim in question, without the employee's consent. Individuals directly involved may include:
- Insurance carrier
- Employer
- Respective lawyers
- Certified rehabilitation professionals
- Workers' Compensation Commission
Details that can legally be discussed between these parties may involve:
- Medical history
- Causation
- Diagnosis
- Course of treatment
- Prognosis
- Work restrictions
- Impairments
If you have been injured on the job in Anderson, Spartanburg or Greenville, South Carolina, you should be entitled to Workers Compensation benefits. With the complex details involved in Workers Comp law, it is in your best interests to obtain legal representation from experienced and knowledgeable attorneys. Please contact the Dick James Law Firm today to schedule a complimentary consultation.
800-714-6029
The Dick James Law Firm
611 N. Main Street
Greenville, SC 29601
