In North Myrtle Beach, most employers are required to carry workers’ compensation insurance. Workers’ comp insurance protects employees by covering certain expenses and losses after a work-related injury, no matter who was at fault.
The process of pursuing compensation while dealing with painful injuries can be overwhelming. Although it is possible to manage your own workers’ compensation claim, getting the full benefits to which you are entitled can be challenging without the help of an experienced attorney. With a knowledgeable North Myrtle Beach workers’ compensation lawyer on your side, you can feel confident that your claim is in the best possible hands while you focus on recovering from your injuries.
To get help with your workers’ comp claim in North Myrtle Beach, contact the Jebaily Law Firm for a free initial case review. We can answer your questions and provide the skilled guidance you need to pursue the maximum recovery you deserve.
How to File a Workers’ Comp Claim in North Myrtle Beach
The basic process of filing a workers’ comp claim in North Myrtle Beach involves:
- Notifying your employer in writing. Tell your employer about your injury as soon as possible. You must notify them within 90 days to remain eligible for workers’ comp benefits. Provide your notice in writing and keep a dated copy for your records.
- Seeking medical attention. Your main priority after a work injury should be seeking prompt medical attention. Make sure you visit a provider authorized by your employer and let them know your condition is work-related.
- Ensuring the claim is filed. Your employer should file your claim with the South Carolina Workers’ Compensation Commission (SCWCC) on your behalf. However, if they fail to do so, you can file the claim yourself. Your claim must be filed within two years of the date of your injury or diagnosis, or your case may be dismissed.
- Filing an appeal, if necessary. If your claim is contested or denied, you have the right to request a hearing before the SCWCC. If you are not satisfied with the commission’s decision, you can file an appeal in court.
The workers’ compensation process is complex, and there are many reasons a claim could be denied. It is crucial to have a qualified workers’ compensation lawyer who can handle your claim effectively and help you avoid costly mistakes.
What Do Workers’ Comp Benefits Cover in North Myrtle Beach?
With a successful workers’ comp claim, you could be entitled to benefits that cover:
- Medical costs ─ These include expenses related to doctor or specialist visits, hospital treatments or stays, diagnostic tests, physical rehabilitation costs, and prescription medication costs. The costs of transportation to medical appointments may be covered as well.
- Temporary total disability ─ If you are completely unable to work for a period of time, temporary total disability (TTD) benefits can cover a portion of your lost wages. TTD benefits are limited to two-thirds of your average weekly pre-injury earnings, up to the statewide cap listed on the SCWCC website.
- Temporary partial disability ─ If you can return to work but are temporarily incapable of performing your usual job, temporary partial disability (TPD) benefits cover two-thirds of the difference between your pre- and post-injury earnings.
- Permanent partial disability ─ If your doctor declares you have reached maximum medical improvement and you are still unable to return to your previous job, you may be entitled to permanent partial disability (PPD) benefits. These benefits could continue for a certain number of weeks based on the location and severity of your injury.
- Permanent total disability ─ If you are completely unable to return to work in any capacity, you could receive permanent total disability (PTD) benefits. In most cases, these benefit payments are limited to 500 weeks. But in catastrophic injury cases involving paralysis or severe and permanent brain damage, PTD payments could continue for life.
How Long Do You Have to File a Workplace Injury Claim?
Under South Carolina law, injured workers have two years from the date of their injury or diagnosis to file workers’ compensation claims. If you fail to file your claim before the two-year window expires, you will lose your right to claim compensation for your injuries.
Common Causes of Workplace Injuries in North Myrtle Beach
Accidents can occur at any workplace, but many occupational injuries are the result of a handful of common causes:
- Construction site accidents
- Overexertion
- Falls from heights
- Fires and explosions
- Repetitive motion strain
- Exposure to toxic chemicals and substances
- Electrocution
- Crushing accidents
- Slip or trip and fall accidents
- Motor vehicle accidents
- Acts of violence
Tips for Protecting Your Rights After an Injury at Work
The steps you take after a workplace injury can have a significant impact on your legal standing and your ability to recover both physically and financially. You can protect your rights after an injury at work by:
- Reporting the injury to your employer promptly. To maintain eligibility for workers’ comp benefits, you must notify your employer of your work-related injury or illness within 90 days.
- Seeking immediate medical attention. Getting prompt treatment will give you the best chance of maximizing your physical recovery. It will also establish a permanent record of your condition and demonstrate to interested parties that you are taking your injuries seriously.
- Keeping track of your injury-related expenses. Record all of your medical bills, costs of transportation, and wage losses after the injury occurs. Thorough documentation will help you support your claim and recover what you’re owed.
- Taking photos of the accident scene. If you can, take photos of the area where the accident occurred, especially if you were injured as a result of visibly unsafe workplace conditions.
- Talking to coworkers and other witnesses. Speak to your coworkers and any eyewitnesses who were present when you were injured to request their statements and contact details.
- Consulting a knowledgeable workers’ comp attorney. A South Carolina workers’ comp attorney can help you fight for the fair benefits you deserve ─ even if your claim has been denied.
How Our North Myrtle Beach Workers’ Comp Lawyers Can Help You
If you have questions about your North Myrtle Beach workers’ comp claim, or your claim has been challenged or denied, contact the attorneys of Jebaily Law Firm for a free consultation as soon as possible. We have the experience and resources needed to help you through this difficult time.
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.
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.
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
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 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.
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 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.
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.
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 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.
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.
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.
