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The 7 Things You Need to Know about an On-The-Job Injury in South Carolina:
- Know the system that regulates On-The-Job Injuries in South Carolina, which is called Workers’ Compensation. It is simply a system, regulated by state statute, of what a worker is to be paid in the event of an on-the-job injury. Prior to the Workers’ Compensation system, the employee had to simply sue his or her employer.
- You need to know exactly what date the injury occurred on. This may sound like no- nonsense, but there are cases where it is questionable, and the question must be removed because you will lose your case if you do not know the injury date. Sometimes, the date is not exactly known because the employee goes back to work after some minimal treatment and does not expect to have continued problems. Employers can also be a contributing factor because they do not want a claim - they might tell you you’re ok, let you do a very light-duty job for awhile or take other measures to keep you from taking action that you are legally entitled to take. Medical records can be an important source for the date of injury.
- You must report your injury to your employer. You should report it right away. The deadline to report it is 90 days, however every single day is critical to establishing your case.
- If you are out of work due to an On-The-Job Injury, you are entitled to get a paycheck. If the doctor puts you completely out of work, it is called TTD, or Temporary Total Disability. If you go back to work with restrictions in a job that pays less, you are entitled to an offset check which is called TPD, or Temporary Partial Disability.
- You are entitled to mileage reimbursement for miles driven to go to your medical appointments. The medical provider has to be over 5 miles from your home (one way) in order to qualify for this reimbursement. Check with Trey Merck, a Workers’ Compensation Lawyer serving Charleston for the current amount per mile as it changes from time-to-time.
- The Statute of Limitations for a Workers’ Compensation Injury is two (2) years from the Date of Injury (DOI), and in order to protect your claim, you must file and serve your claim (including service on the proper party and insurance carrier) by use of a Form 50. It is not recommended that you take this action on your own.
- You must have an impairment in order to get compensation. Compare this to a car accident in which you simply have to prove you were injured and you went to medical treatment in order to get a recovery.
These 7 items are only a portion of what you need to know because there is so much more. Workers’ Compensation can seem like a daunting task or a puzzle of puzzles if you’re not familiar with the unique “language” of Workers’ Compensation. It is highly regulated by the South Carolina Workers’ Compensation Commission, and there are a large number of forms to be familiar with.
With the help of Trey Merck, a Charleston Workers’ Compensation Lawyer, you can take charge over your claim, and get the help you need and deserve.
One call is all it takes to get your Workers' Compensation case on the right track today.