Have you gotten sick or injured because of your job? You may think there’s not much you can do about the situation and feel like you have to pay the medical bills associated with the injury out of pocket, but that’s not the case! Workers’ compensation claims allow you to file with your employer’s workers’ compensation insurance, which will provide you with medical care and/or cash benefits if you’ve become injured as a result of your job.
There’s a lot that goes into making a workers’ compensation claim, so it’s best to hire a professional to guide you through the process, like our attorneys at Smith and Beckey Injury Lawyers. We’ll make sure you get the compensation you deserve for your injury and guide you through the entire process. You may have a lot of questions, and a lot of misinformation is out there, so we put together this list of facts vs. fiction regarding workers’ compensation claims to clear up any confusion.
Fiction: Employers don’t play a big role
If you’ve been injured at work, your boss must report the accident to their workers’ compensation insurance company. However, that doesn’t mean that their involvement stops there. Employers are actually required by law to keep in contact with you throughout the process and should remain available to share crucial details regarding the incident. Your employer will be involved throughout the entire process, and it doesn’t just end after the initial report.
Fact: In some cases, independent contractors can file a workers’ comp claim
Some people believe that you can’t file a claim if you’re an independent contractor, but that’s not always the case. In South Carolina, independent contractors aren’t generally covered by workers’ compensation insurance unless they’ve purchased their own insurance. However, if they were contracted by a company that hired them to do a job, they may be eligible for workers’ compensation benefits if they were injured on that job. It’s important to seek out legal counsel to see what all of your options are if you’re an independent contractor.
Fiction: You have to have a severe injury to qualify
Most workers’ compensation claims involve a serious injury or an injury that occurred due to their employer’s negligence. However, that doesn’t mean the injury must be severe to file a claim. A broken limb or exposure to toxic chemicals can all be covered under workers’ compensation insurance. The best thing to do is get with a knowledgeable attorney to see if you can file a claim.
Fact: If your claim was denied, you can still fight it
Don’t give up just because your claim was denied! There’s always the option to appeal the decision, and if that appeal is successful, your case may be heard at another hearing. There’s still a chance, so don’t give up just yet.
Fiction: Your job might be in danger if you file a workers’ comp claim
This is a common misconception with workers’ compensation claims where some people think you’ll be fired if you file a claim against your employer. It’s actually against the law in South Carolina and North Carolina to fire employees because they claim an injury at work. This is due to the state’s Retaliatory Employment Discrimination Act (REDA), which prohibits employers from firing employees for exercising their legal rights. So, don’t be afraid to file a claim because you think you may get fired. They’re not legally allowed to fire you; if that happens, you should contact a qualified lawyer to help you defend your rights.
There is a lot of misinformation regarding workers’ compensation claims, so it’s best to get a qualified attorney like the attorneys at Smith and Beckey Injury Lawyers to ensure you get the compensation you deserve. With their combined experience of over 50 years in the field, they’re ready to help you fight and guide you through the entire process so you feel at ease.