Friday, June 18, 2010
Each year in South Carolina, thousands of workers are hurt in job-related injuries. Workers' compensation is a statewide system of insurance benefits that was created to financially assist those who suffer on-the-job injuries. No matter who was at fault for your injury, workers' compensation can provide you with the benefits necessary to live while you are unable to work.
Types of injuries
While there are countless work environments in which a work-related injury can occur, some are more common than others. Here are some occupational injuries that you may suffer from:
* Back injuries, knee and shoulder injuries * Traumatic brain injuries and head injuries * Chemical burns and toxic chemical exposure * Work-induced heart attacks and work-induced strokes * Asbestos exposure and other job-related diseases * Muscle strain and sprains * Spinal cord injuries * Burns and injuries suffered in fires and explosions * Carpal tunnel syndrome, tendonitis and other repetitive trauma injuries * Elbow injuries, especially "tennis elbow" * Reflex sympathetic dystrophy (RSD) * Eye injuries and hearing problems * Fractured and broken bones * Illnesses made worse by work or workplace hazards * Paralysis, paraplegia, quadriplegia, or other catastrophic injuries * Wrongful death, caused by a workplace injury * Paralysis * Complex regional pain syndrome (CRPS) * Disfigurement and scarring * Work-related emotional and psychiatric issues
Quick compensation
Workers' compensation laws were established to provide quick, hassle-free compensation for injured employees without overcrowding courtrooms. Workers' compensation prohibits you from filing a lawsuit against your employer because of injury or disability. In return, your employer or its insurance company must pay you benefits without a complicated legal battle every aspect and detail of your injury claim. This does not always happen. That is why it is a good idea to speak with an experienced workers' compensation attorney.
If you are injured on the job
Most employers in South Carolina are required to carry workers' compensation insurance. Employees who are injured on the job must notify their employer of any work related injury within 90 days of the accident. You must follow this time period to avoid losing benefits or being denied compensation for the injuries you suffered on the job. If the injury qualifies for workers compensation, your employer is responsible for:
* Payment of medical expenses * Lost wages * Compensation for disability or disfigurement
Although you are required to report the injury within 90 days, you have up to two years to file a claim for benefits. If an injured worker dies due to an occupational injury, then the worker's dependents (or parents if there are no dependents) must file a claim within two years of the death to collect benefits.
Other compensation you can collect
Under South Carolina Workers' Compensation Law, you may also qualify for other compensation, such as:
* Medical bill coverage for future care * Physical therapy coverage * Temporary total disability benefits * Temporary partial disability benefits * Permanent partial disability benefits * Total disability benefits * Death benefits when the employee died as a result of an occupational injury
In South Carolina, pain and suffering is not a compensation factor.
Third parties
Aside from bringing a claim against your employer, you may also be able to file a claim against a third party that played a role in your accident. These third parties may include contractors, subcontractors, machine manufacturers and site managers.