Follow these steps to protect your potential injury claim. If you have any questions, please contact our skilled Greenville workers’ compensation lawyers at (864) 343-2222.
Step one: Notify your employer
Ideally, you’ll notify your employer or supervisor of your injury at the scene, but this isn’t always possible, especially if you suffer a severe injury and have to leave in an ambulance.
In South Carolina, employees must notify their employers of an injury within 90 days to be eligible for compensation, but it’s in your best interest to let them know sooner. If you wait too long, your employer’s insurance company may question the validity of your claim.
Step two: Seek medical attention
If you did not receive emergency medical care at the scene, you must schedule a visit with a doctor selected by your employer or their insurer. You could visit your primary care physician (PCP) or Urgent Care, but your employer’s insurance will not reimburse your medical bills if you see a doctor outside their network.
Hold on to all medical documentation and doctor’s notes – these help support your claim.
Step three: File a workers’ compensation claim
Typically, employers are responsible for initiating the workers’ comp process by notifying their insurance company. However, if your employer neglects to report your injury or your claim is rejected, you may need to file the claim using Form 50 of the South Carolina Workers’ Compensation Commission (SCWCC). You must file this form within two years from the date of your accident.
Step four: Hire a workers’ compensation attorney in Greenville
A skilled attorney from Smith Jordan Law has the expertise to collect evidence from the accident and medical records to bolster your claim. We negotiate with the insurance company and advocate for your case throughout the appeals process. Don’t go it alone; injured workers who fight the insurance company solo are often unfairly denied.
Step five: (If there is a claim dispute) Request a hearing
If there is a claim dispute, your attorney may need to file for a hearing with the SCWCC.
Step six: (If your claim is denied) Appeal the decision
Should the SCWCC commissioner reject your claim, filing an appeal is essential. Your attorney must submit an official appeal within 14 days. You can opt for mediation to settle the dispute with your employer at any point.
If the appeal process proves unsuccessful, you still have the option to pursue workers’ compensation. In the event of a denied appeal, your Greenville workers’ compensation lawyer can take the case to the South Carolina Court of Appeals, which holds the final authority in your matter.
Injured at work? We’re ready to help.
Work-related injuries can be distressing and worrisome, especially if you lack the financial resources to cover your expenses. If you require support with your workers’ compensation claim, contact Smith Jordan Attorneys at Law. Our commitment is to advocate for the medical care and additional benefits you rightfully deserve.
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