You can’t continue working because you got injured at your workplace? You probably know you can file for workers’ compensation. This process, however, can get confusing and complicated. As you start this process, inform yourself of the rights you have while on workers’ comp.
1. You have the right to appeal if your claim is denied.
If you get injured at your workplace, then you must notify your employer and file a claim. You would expect your employer and their insurance company to accept your claim and give you the worker’s compensation benefits you deserve. Sometimes, however, either of them can contest or even deny your claim.
If your employer or your company’s insurer contests or denies your claim, you have the right to appeal to the South Carolina Workers’ Compensation Commission. We recommend hiring an attorney to guide you through the process, which includes filing a claim with this organization. A commissioner will review your case and schedule a hearing, which could take place in 3-5 months.
2. You have the right to keep your job while applying for workers’ compensation.
Section 41-1-80 of the South Carolina legislature prohibits employers from firing employees who file for workers’ compensation. During the time you’re off work due to your injuries, your employer cannot legally fire you. This regulation will provide you with time to recover from injury and wade through the workers’ compensation process.
If your employer retaliates against you and fires you for applying for worker’s compensation, then you can file a lawsuit in civil court against them.
3. You have the right to sue a third party if they caused your injury.
If somebody not connected to your company causes your accident, then you can sue this third party in addition to filing a claim for workers’ compensation.
There are several cases in which injury caused by a third party qualifies for a lawsuit. Some of these cases include getting hit by a car while working, getting injured because of a property owner’s negligence, and getting sick because of toxic substances at your workplace.
Dealing with the headache of legal documentation while also dealing with a workplace injury can be overwhelming. Smith Injury Law, PA is here to guide you through the process. Call us at 864-236-5530 for a free case evaluation.
Disclaimer: Principle office is located at 1210 Laurens Rd, Greenville, SC 29607. No fee unless the case is settled or won, costs may be excluded.
