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Workers' Compensation Questions

Anderson, Greenville, Spartanburg, South Carolina

Here are several questions about occupational injuries and workers’ compensation. Any additional questions you may have can be answered by a professional Workers' Compensation attorney.

How do I report an on-the-job injury?

Report any injury that occurred on the job to your employer immediately, and if needed, request medical treatment. If you fail to report the injury within 90 days of the accident, you may forfeit your eligibility to collect benefits. Even though you must report the accident within 90 days, you have up to two years to file a workers’ compensation claim.

Am I entitled to medical treatment? If so, will my employer pay?

You are entitled to all necessary medical treatment that will help lessen your disability. Your employer's Workers' Compensation insurance will typically cover:

Medical bills
Lost wages (if you are injured for more than seven days)
Weekly compensation benefits
Compensation for disability or disfigurement

Am I entitled to financial compensation paid while I am being treated?

There is a seven-day waiting period before you can collect benefits. If you are out of work for more than seven days, compensation will be paid out of your employer's insurance representative. If you are out of work for more than 14 days, you will receive compensation; even for the first seven days. Payments will be made directly to you and will continue until your doctor clears you for work.

How is compensation determined for an injury?

Workers' compensation pays for necessary medical treatment, loss of wages during the disability, and damages for permanent disability or disfigurement. If you are unable to work for more than seven days, you are eligible for payment for lost wages, which equals two-third of your weekly earnings. The law restricts compensation for total disability or death to 500 weeks. However, paraplegics, quadriplegics, and workers who become brain damaged from an on-the-job injury may collect benefits for their entire lives. Compensation is determined by the assessment of medical reports, testimony of the parties, and the impact of the disability on your livelihood.

What if the doctor releases me to light duty?

If light work is offered, you must accept it. Failure to do so may result in a forfeit of benefits. If you are not able to perform the work assigned, you have a right to a hearing. If you begin light work before you are fully released by your doctor, at a wage less than you were making previously, you are entitled to a weekly compensation at the rate of 66 2/3 percent of the difference between your average weekly wage and your new wage.

If you are struggling to collect the workers’ compensation benefits you deserve and you live in Anderson, Spartanburg or Greenville, South Carolina, the Dick James Law Firm can help. Offering free consultations, our law firm can answer your questions and help you move forward to obtain the money you deserve. Please contact our South Carolina law office today.

800-714-6029
The Dick James Law Firm
611 N. Main Street
Greenville, SC 29601