Getting hurt at work can cause a lot of economic distress for you and your family. Many people in Sumter worry about how they will pay for medical bills or what will happen if they cannot do their job anymore. South Carolina has a system in place to help, but it can be confusing when you are trying to heal. Hart Law works with injured workers to make sure they get every penny they deserve under the law.

Understanding the No Fault System

South Carolina uses a no fault system for work injuries. This means you do not have to prove your boss did something wrong to get help. Even if the accident was your own fault, you are usually still covered. As long as the injury happened while you were doing your job duties, you should be able to get benefits. This system is meant to be the exclusive remedy for workers, which means you typically cannot sue your employer directly in exchange for getting these guaranteed benefits.

Reporting Deadlines and Filing Your Claim

Time is very important when you get hurt on the job. In South Carolina, you have 90 days to tell your employer that you were injured. If you wait longer than 90 days to report it, you might lose your right to get any benefits at all. It is best to tell a supervisor in writing as soon as the accident happens.

While you have 90 days to report the injury, you actually have up to two years to officially file your claim with the state commission. However, waiting this long is usually a bad idea. Insurance companies often try to deny claims that are filed late because they say the injury might have happened somewhere else.

What Workers Compensation Benefits Cover

The system is designed to cover your basic needs while you recover. This includes:

  • Full payment for medical treatments including surgeries and prescriptions.
  • Money to make up for the wages you lose while you are out.
  • Vocational training if you need to learn a new skill because of your injury.
  • Travel costs for driving to and from your doctor appointments.

One of the biggest benefits is that you should not have to pay any co pays or deductibles for your medical care. The employer or their insurance carrier is responsible for 100 percent of the medical bills as long as you see the doctor they choose for you.

Wage Replacement and Disability Categories

If you cannot work, you are entitled to weekly checks. These checks are calculated at two thirds of your average weekly wages. To find this number, we look at what you earned over the 52 weeks before you got hurt. There are different categories for these payments:

Temporary Disability

Temporary Total Disability is for when you cannot work at all for a short time. If you can do some light work but earn less money than before, you might get Temporary Partial Disability to help fill the gap. You have to be out of work for at least 7 days to start getting these checks. If you stay out for 14 days, you get paid for that first week as well.

Permanent Disability

Once you reach maximum medical improvement, a doctor will decide if you have any lasting damage. Permanent Partial Disability is for people who can still work but have lost the use of a body part, like a hand or a leg. Permanent Total Disability is for very serious cases where a person can never return to any type of work.

When You Can Sue Third Parties

Sometimes the workers compensation checks are not enough because they only pay a portion of your wages. You might be able to get more money through a third party claim. This happens if someone other than your boss caused your injury. For example, if you are a delivery driver and a negligent driver hits you, you can get workers comp from your boss and also sue the other driver.

These lawsuits allow you to ask for non economic damages like pain and suffering. You can also ask for the full amount of your lost wages instead of just two thirds. We look for every possible liable party, such as equipment manufacturers or outside contractors, to maximize your recovery.

Serious Injuries and Toxic Torts

Some jobs in Sumter involve dangerous chemicals or heavy machinery. If you were exposed to harmful substances over a long time, you might have what is called a toxic tort. These cases often involve long-term illnesses that do not show up right away. Other serious injuries include blunt force trauma, electrocution, or loss of limbs. These major accidents require a lot of evidence and testimony to prove how much care you will need in the future.

Hart Law is here to help you through the process of filing your claim and dealing with insurance adjusters. We know how to handle the paperwork and the hearings, so you do not have to do it alone. If you have been hurt on the job, call us at (803) 771-7701 for a free review of your case.