What happens when you are injured on the job? Who will pay your medical bills and what happens if you are unable to return to work? Whether you have been injured by specific accidents, by repetitive trauma, or by inhaling dangerous fumes or chemicals, you have rights under South Carolina's workers compensation laws. Mike Kelly Law Group can help you with filing the initial claim, getting help with your medical bills and prescriptions, and we can even work to help you collect some lost income from missed time at work. You also may be entitled to a lump-sum settlement for your permanent injuries. Hopefully your claim can be resolved without the need for a hearing before a worker's compensation commissioner, but should your case require a hearing, the lawyers at Mike Kelly Law Group are equipped to handle the most difficult of cases.
The Mike Kelly Law Group understands that you probably have many questions about workers'compensation laws, and are likely in a stressful and confusing situation. Rest assured that we are here to advise you, get you through the legal maze, and make sure you receive all the benefits owed to you under the law for your work-related injuries.
The first determination that must be made is whether, under the law, you suffered an injury that can be claimed under workers' compensation. Generally, injuries that can be claimed are those suffered not only on the job, but also directly related to the performance of job-related tasks. However, there needs to be a real connectionbetween the accident that caused your present condition and the scope of duties of your employment. In some cases, a certain amount of proof and further inquiry can establish that an injury is job-related—even if it may not immediately appear to be. The Mike Kelly Law Group can help determine if you have a case.
South Carolina law generally requires that most employers, who have more than four full-time employees, have workers' compensation insurance. Workers' compensation laws not only protect employees, but also protect employers from fraud and other abuses of the system. Depending on the details of your situation, you will need to follow certain guidelines and present evidence to prove your case. Some basic concepts of workers' compensation include:
Here are the major types of claims and injuries that fall under workers' compensation:
Workers compensation laws can be complex and tedious, which is why it is important to seek representation from an experienced workers' compensation lawyer like those at the Mike Kelly Law Group.
Our experienced workers' compensation attorneys in Columbia, Myrtle Beach, and Winnsboro can help you secure the maximum benefits under the laws of South Carolina. Money for medical bills is only the beginning. Depending on circumstances, it may be possible to receive any of the following:
If you are injured and unable to work for more than seven days, you are eligible to be compensated at a rate of 66 2/3% of your average weekly wage. You are limited to a maximum average weekly wage as established each year by the state. Should your total disability exceed a 14-day period, then you are eligible from the date of the accident. If you suffered total disability, or your family is survived by your death, then you or your family may be able to receive compensation for 500 weeks.
South Carolina Workers' Compensation Law is a highly intricate system of mathematical calculations and statistical computations. The Mike Kelly Law Group is ready and able to see that you get the maximum compensation law allows. Remember, awards are usually made in terms of the number of weeks of compensation to which you, the employee, are entitled based on the extent of the disabling injury.
What should I do if I'm hurt or sick as a result of my job?
The first thing is to tell your supervisor about your injury or illness. The supervisor will follow the chain of command within the company. An insurance claim will be filed and the claims adjuster will handle the workers'compensation claim.
To get the compensation you deserve, you need to understand that the initial reporting of the accident/injury is critical. If you delay reporting the incident, you may jeopardize the payment of medical fees and other compensation you may be entitled to under the law. Under no circumstance should you wait more than 90 days to report an incident to your supervisor and, after that, you have up to two years to file a claim. Don't let time cause a loss in your claim.
After notifying your supervisor, you should hire an attorney who specializes in workers' compensation cases. The process is complex and you will need a professional to help you. Your lawyer will deal with your employer, the adjuster, the workers' compensation board, and all the forms and medical records.
Find out exactly what your rights are by contacting The Mike Kelly Law Group for a confidential, no-cost consultation by calling the toll free number listed for any of our offices or by completing our contact form.
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