Workers comp law is protection employers must maintain under the law. The coverage is mandatory to provide for injuries employees suffer on the job. The coverage pays for medical expenses, lost wages, disability pay, and costs for their rehabilitation and training.
According to the Bureau of Labor Statistics, in 2019 there were 2.8 million cases of illness or injury in the private industry workforce. Injuries happen in every type of work setting.
It can be something as simple as an office worker getting their finger slammed in a steel door or as severe as a worker suffering fatal injuries in a factory. Every person in the workforce needs to understand workers comp and legal rights for coverage.
When You Suffer an Injury at Work
When an employee suffers an injury at work the employer usually files a claim with the insurance carrier. Claims are usually accepted. The main area of coverage is medical expenses.
Depending on the injury, you may need time off work. There may also be medical needs including physical therapy.
Workers’ compensation may offer a low settlement or refuse to pay all these expenses. They may claim the injury is not relative to your work or deny the medical severity of your condition.
When you suffer an injury it is advisable to consult with a workers comp attorney, such as https://leelawoffices.org/workers-compensation/.They will make sure you receive a settlement comparable to your injury.
This includes making sure you receive wage benefits while off the job. They will make sure your worker’s rights are not violated and will assist with any problems that arise as a result of your injuries. If necessary, they will file the appropriate paperwork to take your matter before the court.
Workers Comp Law
When you are filing a workers comp complaint, depending on the type of injury you suffer the process may be long before you receive a settlement. You must be aware of laws within your state regarding the filing of workers’ comp claims. For example, in both North Carolina and South Carolina there is a two-year statute of limitations.
In South Carolina, you must report all injuries to the employer and seek medical treatment immediately. If you fail to report the injury to your employer within 90 days you may lose your opportunity to receive benefits. While the deadline for reporting to the employer is 90 days, you have up to 24 months from the date of injury to file a claim for benefits.
In the event your employer does not file a claim on your behalf, or if you believe you are not receiving the full compensation you deserve, you will need to file either Form 50 or Form 52 with the Workers Compensation Commission. To receive all benefits available, including surgery, hospitalization prosthetic devices, prescriptions, and medical supplies you must go to the doctor that your employer or works compensation representative requires.
Your compensation rate for wage loss is 66-2/3% of your average weekly wage. The determination of this rate is based on the four quarters immediately preceding your injury.
There is a 7-day waiting period before wage loss payments begin. Benefits end when your doctor releases you to return to work with or without restrictions.
When You Are Injured at Work
When you receive an injury during the course of performing your job, medical expenses and other compensation will be paid through your employer’s workers comp insurance. If you believe your rights are being violated or that your settlement offer is unfair, you need to contact a workers comp attorney. Check our other blogs for more interesting and important information.