Most employers are required to carry workers’ compensation insurance. It’s a no-fault system, designed to provide employers a way to cover costs employees incur due to work injuries and illnesses. According to the South Carolina Workers’ Compensation Commission (SCWCC) 77,475 employers have purchased this coverage recently, while another 2,072 larger firms are self-insured and cover the costs out of their own pockets. In total, well over 500 million dollars were paid out in yearly compensation to employees who either became ill or were injured at work. Receiving reparations under these circumstances is a right, not a privilege, though sometimes employees need help navigating the system and going through the appeals process. Clore Law Group understands the process and will fight for deserved compensation in your case.
Examples of Covered Cases
Although there isn’t an all-inclusive list, most forms of work-related injury or illness are covered. As a basis, some forms include:
- White-Collar Repetitive Injuries (brought on in an office environment by things like typing)
- Blue-Collar Repetitive Injuries (caused by laborious jobs like assembly-line work)
- Traumatic Injuries (as a result of falls, heavy lifting, or another specific incident)
- Illness (mesothelioma, lung cancer, and asbestosis are well-known examples work-related sicknesses brought on by exposure to asbestos)
- Mental Health Care (which might be required after a traumatic job-site incident such as a co-worker death or robbery)
Similarly, the guidelines as to when the illness or injury occurred are not clear-cut. An employee injured while picking up lunch might not be covered. However, if the employee was in a corporate cafeteria or was also getting lunch for a supervisor, he may be covered. Additionally, employers routinely require that a claim be filed within 24 hours of the injury.
When to File a Workers’ Compensation Claim
Legally speaking, though, employees have 90 days to file a claim. The clock starts ticking from the moment the injury occurs, when a doctor provides a diagnosis, or from the last date of injurious exposure. Some conditions, like mesothelioma may appear as much as 10-40 years after exposure. In situations like this, states may impose an alternate statute of limitations. Because there’s such a wide variance as to when time runs out to file a claim, it’s important to do it as soon as injury or illness has occurred, or immediately after it has been diagnosed.
When to Seek Legal Assistance
In straightforward cases, legal assistance may not be necessary. A majority of traumatic injury claims pay out as expected without issue. However, the claims process allows funds for legal assistance, which means that if your case is ultimately approved, your lawyer’s fees will be part of the settlement. For this reason, if you have trouble completing the paperwork, are unsure whether you have a valid claim, or have already been denied, it’s wise to find a Charleston attorney who is experienced in fighting for benefits. It’s also a good idea to have a consultation if your case is complex. Some of the more difficult cases to prove involve:
- Repetitive Injury
- Mental Health Care
- Exacerbation of an Existing Condition
- Incidents Outside the Normal Scope of Work
There are many things insurance will cover, provided the claimant’s case is legitimate and is explained well. Compensation will often include reparations for:
- Immediate Medical Needs
- Future Medical Care
- Loss of Income
- Pain and Suffering
- Legal Fees
How to Hire a Charleston Workers’ Compensation Attorney
Getting the help you need to receive a fair settlement is as easy as making a call. Our legal team knows how to fight the system to ensure your case is paid out fairly. Moreover, if your work injuries don’t allow you to travel, we will come to you. Tell us about your case using our online form or speak directly to one of our lawyers by calling 1 (800) 610-2546.