If you’ve been hurt on the job in Dillon, you are likely entitled to workers’ compensation benefits. However, actually recovering the full benefits you deserve can be a challenge.
The South Carolina Workers’ Compensation Act entitles employees injured on the job to coverage of medical expenses related to the accident, as well as partial replacement of lost wages and disability benefits. This is true regardless of the fault for the accident. Even if you were to blame for the accident, you can still recover benefits.
Contact the Jebaily Law Firm in Dillon by phone or reach out to us online for assistance with your workers’ compensation claim. We will thoroughly assess your legal options during a free consultation. Once hired, we will effectively guide you through the often-confusing and highly technical workers’ compensation process.
Accidents and Illnesses That Qualify for Workers’ Compensation Benefits in Dillon, SC
Workers can get injured in a variety of possible accidents on the job. Certain dangers depend on the industry itself. For example:
- Falls from roofs, ladders, or scaffolding are especially common in construction.
- Slips or trips can happen in a poorly maintained workplace of any sort.
- Heavy machinery and complex equipment also pose dangers, as does handling toxic chemicals, or working in proximity to electric power lines.
- Fires or explosions can also cause devasting workplace injuries.
- Workers in sedentary jobs can develop chronic back problems and carpal tunnel syndrome.
Motor vehicle accidents in company vehicles are another category of workplace injury. Victims harmed in car crashes on the clock may be entitled to compensation from negligent drivers in addition to benefits obtainable from their employer’s workers’ compensation coverage. Even if the worker was at fault for the crash, workers’ comp benefits may still be available. However, a car crash during the commute to or from work is usually not covered.
Occupational disease claims for illnesses contracted at the workplace or as a result of carrying out job duties can pose challenges in terms of proof. This is particularly true if occupational disease symptoms that may be caused by exposure to toxic substances become apparent only they emerge gradually or after a worker has left the company.
Types of Workers’ Compensation Benefits in Dillon, SC
Under South Carolina law, a person injured at work has the right to recover compensation for their medical bills, partial replacement of lost wages, and disability benefits. South Carolina employers with four or more workers must obtain workers’ compensation insurance coverage.
Medical expenses include all treatment required after a workplace accident, including costs of hospitalization, surgery, prosthetic devices, medical supplies, and prescriptions. Injured workers are required to receive care from a doctor selected by an employer or its insurance representative.
Lost wages usually amount to two-thirds of an employee’s average weekly wage for as long as they are out of work or until they reach a state of maximum medical improvement. This amount is capped at a maximum amount that is adjusted from time to time. Disability benefits consist of permanent partial disability (PPD) awards or permanent total disability (PTD) awards.
PPD awards are two-thirds of a worker’s average weekly wage based on the four quarters prior to the injury and cannot be more than the annual maximum average weekly wage determined by the South Carolina Department of Employment and Workforce. PTD awards may be paid out for much longer periods than PPD awards.
How to File a Workers’ Compensation Claim in Dillon, SC
Before filing a workers’ comp claim, an employee should formally notify their employer of the accident or injury. This needs to be done within 90 days of an accident. Put your report in writing so that it becomes a permanent record in your personnel file.
You should also seek medical attention as soon as possible, which usually means treatment at an employer’s selected provider. Inform the healthcare facility that you suffered a workplace injury as soon as you are admitted.
Next, you need to file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission no later than two years from the date of the accident. It is highly advisable to retain an experienced workers’ compensation lawyer to assist you in completing this application to avoid some of the most common mistakes that lead to a claim denial or underpayment of benefits.
Most South Carolina workers’ compensation benefits claims are submitted on Form 50 for an injury, illness, repetitive trauma, occupational disease, or a physical brain injury. Form 52 is filed in workers’ compensation cases involving death benefits.
Major Employers in Dillon, South Carolina
The South Carolina Department of Employment & Workforce reported that there were 253 employers in Dillon County with zero to four employees, 88 employers with five to nine employees, 80 employers with 10 to 19 employees, 40 employers with 20 to 49 employees, and 15 employers with 50 to 99 employees. Only eight employers had 100 to 249 employees, and no employer in Dillon County had more than 250 employees.
The 20 largest employers in Dillon County according to the South Carolina Department of Employment & Workforce included:
- City of Dillon
- County of Dillon
- Carlyle Senior Care of Fork LLC
- Dillon County Board of Education
- Dillon Family Medicine
- Floco Foods Inc.
- Franco Manufacturing Company Inc.
- Harbor Freight Tools
- Loves Travel Stops & Country Stores
- Luihn Four Inc.
- Mann Hummel Filtration Technology
- McLeod Medical Center
- Perdue Farms Incorporated
- Pilot Travel Center LLC
- PruittHealth
- Signode Industrial Group LLC
- Stellar Management Group
- Schafer Company Inc.
- Wal-Mart
- Wyman Gordon Company
Any person who has been injured on any job in the greater Dillon area should make sure they receive representation from an experienced attorney to seek all of the workers’ compensation benefits that they need and deserve.
How Jebaily Law Firm Can Help You Recover Workers’ Comp Benefits in Dillon
You don’t have to deal with the struggles of getting a workers’ compensation claim approved all on your own. The Jebaily Law Firm helps hard-working people in Dillon and throughout South Carolina pursue the workers’ compensation benefits they are rightfully entitled to.
Our Dillion workers’ compensation attorneys can put our skills and resources immediately into action on your behalf to seek the entire range of benefits that should be available to you. This includes collecting the necessary medical records needed to establish and build a convincing claim, filling out the complicated paperwork properly, negotiating with insurers, and representing you on an appeal, if necessary. We can also assist you in holding any third parties liable for accidents that involved the negligence of someone other than your employer or co-workers.
Call us or contact us online right now to schedule a free consultation.
Workers' Compensation
Can I File for Workers’ Compensation Benefits and Social Security Disability Insurance (SSDI)?
Yes. However, if you are approved for both workers’ compensation benefits and SSDI, the money you receive from SSDI can be reduced if you receive more than 80 percent of your average pre-injury wages from the combination of workers’ comp and SSDI.
How Long Can a Workers’ Compensation Claim Stay Open in SC?
Workers’ compensation benefits can be paid for up to 500 weeks, although payments may continue for the rest of a worker’s life if they sustain permanent, total disability.
If you have been injured at work, reach out to Jebaily Law Firm for a free case review to speak with our South Carolina workers’ compensation attorneys. Get answers. Get Help.
How Long Can It Take to Receive a Check Upon Settlement of a Workers’ Compensation Case?
If you’ve settled your workers’ compensation claim with your employer and its insurer, the funds will be released when the South Carolina Workers’ Compensation Commission approves the settlement. The process typically takes about one to two months, though every case is unique.
What If I Can’t Return to Work After My Workers’ Compensation Injury?
You will begin to receive income replacement benefits after missing 8 calendar days of work.
Who Is Covered by Workers’ Compensation in South Carolina?
Any employee of a covered employer may receive workers’ compensation for a work injury. Covered employers include most employers with four or more employees. Even part-time and seasonal employees are entitled to workers’ compensation.
What Types of Injuries May Qualify for Workers’ Compensation Benefits?
Workers’ compensation benefits cover worker-related injuries and occupational illnesses. To qualify for workers’ compensation benefits, an injury must arise out of and in the course of your employment.
How Much of My Medical Expenses Will Workers’ Compensation Cover?
Medical benefits in South Carolina’s workers’ compensation system are supposed to cover the full cost of all reasonable and necessary treatment and rehabilitation for a work injury or occupational illness.
What Benefits Are Available from the South Carolina Workers’ Compensation Program?
Under South Carolina’s workers’ compensation law, you may be entitled to receive benefits that include:
- Medical benefits, including reimbursement for qualifying travel to and from appointments or procedures
- Income replacement benefits, which can make up a portion of your lost income if you cannot work or take a lower-paying job or position
- Death benefits paid to the family of a worker whose death is caused by a work injury
Can I Use My Own Health Insurance Instead of Claiming Workers’ Compensation Benefits?
You should not use your health insurance policy to get treatment for a work-related injury. Some private health insurance policies expressly exclude coverage for work-related healthcare. If you use your health insurance to get medical care for a work injury, your insurer may have the right to demand reimbursement from your employer or its workers’ compensation insurer.
How do I know if I have a workers’ compensation claim?
There are several things we must know to determine if you have a workers’ compensation case:
- You must have been hurt on the job.
- The injury must have occurred while working within the scope and course of your employment.
- You should seek advice from an experienced attorney. At Jebaily Law Firm, we will meet with you for a consultation to discuss your case. We have more than 30 years of experience in workers’ compensation.
- Schedule a medical examination. We will work with you and the insurance company to arrange an appointment with a doctor or specialist to evaluate your health and work-related conditions. Exposure to dust, fumes, asbestos, chemicals, etc. may cause conditions that you are not even aware exist. An examination can help protect your health and your legal rights.
What about my benefits?
Benefits are provided to you through the insurance carrier for your employer. You may be entitled to the following:
- You should be paid for the time your doctor has you out of work. However, you are not entitled to compensation until you have been out of work at least 8 days.
- Your medical bills should be paid by your employer or your employer’s insurance carrier.
- You should be reimbursed for mileage to and from your doctor’s appointments. You must travel at least 5 miles each way in order to be reimbursed for mileage.
- Your prescription medications and approved medical supplies should be paid for by your employer or the insurance carrier.
- Under the law, you may be entitled to additional compensation if you are permanently injured, even if you can still work.
How do I pay an attorney?
Before a lawyer can charge a fee on a workers’ compensation case, the fee must be approved by the S.C. Workers Compensation Commission. Commission rules require that no lawyer’s fee exceed one-third of the amount recovered. The one-third must be based on the amount disputed and may not be calculated on weekly benefits the employer voluntarily pays to the injured worker.
How will my compensation rate be calculated?
Generally speaking, workers are entitled to workers’ compensation at a rate of 66-2/3 percent of his or her average weekly wage (which is based on the previous four quarters before you sustained your injury) but no more than the maximum average weekly wage that is pre-determined by the South Carolina Employment Security Commission on a yearly basis. A workers’ compensation attorney can further advise you about your possible compensation rate if you have additional questions.
Will I be fired from my job if I file a claim?
An injured worker who is fired for filing a workers compensation claim may have a cause of action for wrongful termination and retaliatory discharge. If this occurs, by all means speak with an attorney as soon as possible.
How do I file a workers’ comp claim?
If your employer doesn’t report your accident or denies that you’ve been hurt, you can file a claim on your own. You will want to file your own claim if you think that you did not get all of the benefits due to you. In order to file a claim, you will need to turn in a Form 50 or Form 52 to the Workers’ Compensation Commission. Get help from our South Carolina workers’ compensation attorney now.
What do you do if you have a work-related injury?
If you are injured on the job, you should report the injury to your supervisor immediately. The workers’ compensation laws require that you report your injury within 90 days from the date of the injury. When reporting the injury, you should note the time, place of injury, how you were injured, the injuries received, and names of witnesses. You should also keep a copy of this information. To receive benefits your claim must be filed with the S.C. Worker’s Compensation Commission within two years from the date of injury.
What types of accidents are covered?
To be eligible to workers’ compensation benefits, you must have been injured within the scope and course of your employment. All injuries are not “accidents.” Some are caused by repetitive motion, exposure to harmful substances, or extraordinary or unusual conditions of the job. If the work you do causes pain that you believe needs medical attention, we might be able to help. Generally, most injuries suffered by an employee during working hours at the employer’s place of business would qualify.
