If you find yourself injured as the result of an accident sustained while performing your work related duties, you are entitled to compensation for all related medical expenses and other out-of-pocket expenses that you incur as a result of your work related injury. Fault is irrelevant when it comes to your entitlement to workers’ compensation benefits.
You are also entitled to compensation for your reduced earning capacity resulting from your accident-related injuries. This includes any time that you are unable to work while you attempt to re-establish your overall health to the condition it was prior to your work related accident.
Many people who work tirelessly in the workplace every single day try to refuse “giving in” to the physical restrictions resulting from a work related injury. This personal drive is admirable, however, it can inhibit an injured worker’s ability to actually heal from the injury in order to recapture the level of productivity that worker may have had prior to his injury. The consequences of injured workers’ natural internal inclinations to “work through the pain” and fight the accompanying physical symptoms rarely favors the injured worker, which is exactly what has inspired the experienced workers’ compensation attorneys at David R. Price, Jr., P.A., to fight for those workers whose sacrifices are not rewarded by their employers when they are injured on the job.
People injured on the job are often naturally and reasonably concerned that they may face some retaliation for filing a workers’ compensation claim after suffering a work related injury. Fortunately, your employer cannot legally retaliate against you or terminate you for filing a workers’ compensation claim. Further, it is not only in your own best interest and that of your family, but also in the best interest of your employer that you report your injury receive the appropriate treatment to restore you to your full potential. This will not only restore you to a capacity where you are better able to undergo the physical requirements of your particular job in order to provide for your family, but it will also enable you to be a better and more productive and valuable employee at your workplace.
Are You a Covered Employee Eligible for South Carolina Workers’ Compensation Benefits?
The following categories of employees are eligible for workers’ compensation benefits under the state of South Carolina:
- Direct employees
- Statutory employees
- Illegal Immigrants
- Part-time employees
- Independent contractors who have elected to be included
Some common accidents resulting in workers’ compensation claims include:
- Car accidents while in the course and scope of employment;
- Forklift accidents;
- Slip and falls;
- Workplace assault and battery;
- Dangerous equipment;
- Injuries sustained while engaging in manual labor such as lifting heavy objects or equipment;
- Injuries sustained as a result of OSHA violations;
- Motor vehicle collisions that occur while a person is involved in employment-related travel.
Your Rights to Medical Treatment Following an Injury Sustained on the Job
You entitled to medical treatment immediately after the accident as is reasonably required so long as your healthcare provider believes that further treatment may improve your overall physical state and shorten your period of disability.
Specific Types of Medical Treatment Provided for Under the Applicable Greenville Workers’ Compensation Laws
The following treatments that a healthcare provider deems necessary for treatment of your work-related injuries will likely be covered under your workers’ compensation claim:
- Initial consultations
- General evaluations and follow up appointments
- Hospital stay
- Physical therapy
- Prosthetic devices and other assistive devices that may be necessary as a result of a work related injury
- Prescriptions prescribed by a medical professional
Word of Caution Regarding Your Medical Records
When you file a claim for a work-related injury, then any records relating to prior and subsequent medical treatment that is possibly relevant to your current work related complaint can be discovered by the opposing party. Ultimately, you should not allow this reality to be much of a concern when filing a worker’s compensation claim for injuries sustained on the job. While your unrelated medical history may be open for the purposes of your workers’ compensation claim, these records will nevertheless remain confidential for any and all other purposes. Nevertheless, this is a reality that you should certainly be aware of if you are pursuing a claim for injuries sustained in the workplace.
Statute of Limitations for a South Carolina Workers’ Compensation Claim
The relevant statute for pursuing a workers’ compensation claim is slightly less than the law allows under other civil claims for personal injury.
Specifically under South Carolina Code Section § 42-15-40, you have a grand total of 2 years from your date of accident or injury to file your workers’ compensation claim. You also have a duty to notify your employer of the injury within 90 days of the accident. Failure to meet either requirement may make it impossible to bring a workers’ compensation claim.
This is all the more reason that you promptly seek the guidance of an experienced workers’ compensation attorney to protect your right for full and fair compensation for any injuries sustained in the workplace.
Contact a Greenville, SC Workers’ Comp Attorney to Discuss Your Case
The fear and uncertainty many workers feel about filing a workers’ compensation claim is understandable and quite common. However, ignoring the pain and the potential severity of an injury sustained on the job can have devastating consequences. If you have been hurt on the job, then it is in the best interest of both yourself and your family for you to seek the help of a reputable and well-versed workers’ compensation lawyer like the attorneys at David R Price Jr., P.A.
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.