If you have a potential workers’ compensation claims in Greenville, South Carolina, you are bound to have a lot of questions that need answers. You may be able to get the answers from your employer, from a workers’ compensation poster in your place of employment, from the workers’ compensation insurance company, or even from the South Carolina Occupational Safety and Health Administration (OSHA). Yet, when it comes to the legal issues associated with your claim and its validity under the South Carolina workers’ compensation system, you may need more specific and detailed advice from an attorney like the attorneys at David R. Price, Jr. P.A. You can get a good start by getting the answers to the most frequently asked questions about workers’ compensation claims and benefits in Greenville, South Carolina
How Do You Report Your Injury Correctly?
In order to be eligible for workers’ compensation in Spartanburg or anywhere else in South Carolina, you’re going to have to report your injury correctly. This means that you need to know who to report it to, what exactly you need to do, and when you need to report it. For starters, you should report the injury to a supervisor or management personnel. If your employer does not receive an incident report to fill out, then you should report the injury in writing. You have 90 days to do so, but you need to do it immediately to ensure the strength of your claim.
Common Questions About Initiating a Workers’ Comp Claim
After a work related injury, you should be able to count on your employer to assist you with initiating your workers’ compensation claim. They do this by reporting your injury to their insurance and providing you with the necessary forms. They should also be able to answer your questions. If they can’t answer your questions, refuse to do so, or don’t know about how the process is supposed to work, then you can either contact an attorney to discuss the situation or you can get started by going to the South Carolina Workers’ Compensation Commission website. Here, you will find the forms you need and information on getting started.
Common Questions About Medical Coverage for Injuries
Far too many employees in Greenville, South Carolina are unaware that they cannot see just any doctor of their choosing for treatment of work related injuries. When it comes to emergencies, it is okay to go to any nearby emergency room or urgent care facility, and this will usually still be covered by your workers’ compensation medical benefits. However, when it comes to follow up care and situations that are not emergencies, you have to go to the doctor chosen by your company and its insurance provider. You can find out who to see from your employer. If you go to a physician that is not approved by your employer, then your workers’ compensation medical benefits may not cover the visit. So, when it comes to the common questions about whether or not your treatment will be covered, the answer is yes, if you go to an approved physician, and/or if your injury warrants emergency treatment.
Common Questions About How Wage Benefits Are Calculated
Another very common mistake is for employees to assume that they are going to be fully compensated for lost wages. This is not so. In fact, you won’t be compensated at all if you miss less than seven days of work. If you miss more than seven days of work, then you can receive wage benefits at 2/3 of your average weekly wage (AWW) over the preceding four (4) fiscal quarters. Some people have questions about what happens if you return to work, but at a lesser paying position that accommodates your work restrictions. You can still get wage benefits, but they won’t be at 2/3 of your former AWW. Rather, they will be calculated by subtracting your new AWW from your former AWW and your wage benefits will be 2/3 of the difference. You may also be wondering how long you can receive these benefits for. If you are not able to return to work, they will be provided for up to 500 weeks. If you are able to return to work, even if you choose not to, your wage benefits stop when your physician clears you to return.
Common Questions About Coverage for Out of Pocket Expenses
When you’re out of work and require medical treatment, you’re not only dealing with medical bills, but lost wages. This means that you may not be able to afford certain out of pocket expenses related to your injury, including prescriptions, medical devices, and even the gas that you need to get from your home to your appointments and back. How do you cover these expenses? Fortunately, you should be able to notify the workers’ compensation insurance company of your medical out of pocket expenses and even your mileage (if it is greater than 10 miles, round trip), and get those costs covered as well.
Common Questions About Disagreeing With Your Physician
One of the most common questions we get at David R. Price, Jr. P.A. concerning workers’ compensation in Greenville, South Carolina, is what to do when you disagree with your treating physicians assessment of your condition. What if your physician says you are not injured? What if they say you have recovered, when you have clearly not recovered? What if they don’t list the appropriate restrictions? What if you need a second opinion? Well, you can get a second opinion, but you have to ask the workers’ compensation insurance provider for permission to do so and explain why you believe it is necessary. If you are unable to achieve your goal in this way, then you may need to contact an attorney and/or request a hearing.
If you need to request a hearing, if your claim was denied, if you are encountering resistance from your employer or insurance company, or if you have further questions, contact a skilled Greenville, SC workers’ compensation claim attorney at David R. Price, Jr. P.A. for a free consultation and help with your claim.
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.