If you are injured at your workplace, it is essential to understand the severity of your injuries and the steps you must take to protect yourself. You must know you have certain legal rights when injured at your workplace. An injury means your quality of life will be affected, your medical expenses will increase, and it will traumatize you mentally. Here, you need the help of an accident attorney near Charleston, SC, to understand your rights and get the maximum compensation. Some steps you must take in case of a workplace injury in South Carolina are discussed below.
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What are the immediate actions after a workplace injury in South Carolina?
You must first get the necessary medical help when injured at your workplace. It is essential to understand the nature of the injury and keep all medical records ready to get the required compensation. For example, if you suffer broken bones due to the injury, you must visit the emergency room immediately. However, your treatment will not end at the emergency room. It will continue for a significant period. If it requires surgery, you will find that it can affect your quality of life as you will need post-operative care, a substantial number of medications, and physical therapy to get back to the physical condition that you were in before the accident.
According to an expert accident attorney near North Charleston, your immediate action if you are involved in a workplace accident and are the victim is to get the necessary medical attention. Once you get the medical attention, ensure that your medical paperwork is in order, as you will need it to get the required compensation. If you find that your employer is not covering your medical expenses, you need to file a case in court, and for that, you will need the necessary documentation to prove that you were injured at your workplace. The medical reports will prove that you need significant time for recovery. The papers are required to strengthen your case and to prove that you have suffered severe injuries and that the cause of the injury was workplace negligence. Thus, the first step in a workplace injury would be to get your medical papers in order as your treatment progresses. The next steps are as follows:
- Contact your employers
You might feel that your employers will refuse to help you if you get injured at your workplace, but this can be a mistaken notion. It is important to remember that the law is on your side, and you must inform your employers to get benefits such as paid medical leave and medical insurance. When you hire an accident attorney near Mt Pleasant, SC, he will tell you that it is best to have a discussion with your employers regarding the coverage that you can receive in case of a workplace injury. It is always better to have an out-of-court arrangement because taking your case to court can prove strenuous for you and leave a mark on your company’s reputation. Hence, it is best to have a discussion with your employers and the management for the best solution.
- Filing compensation claims
You must do this as quickly as possible to get the compensation released immediately. In case of a workplace injury, you are eligible for worker’s compensation depending on the severity of the injury and the extent of the medical treatment you require. You will find that your accident attorney near Folly Beach, SC, can guide you regarding the filing for worker’s compensation. In South Carolina, you can claim benefits for rehabilitation and medical treatments, including travel expenses, replacement of two-thirds of your normal monthly earnings, partial disability and total disability benefits, and compensation for disfigurement. However, when you are filing for compensation, you must discuss with your lawyer the nature of the compensation you can claim and the documents you must provide to get the compensation. The eligibility for compensation will depend on the nature of your employment.
- Hiring a lawyer to help you with the claims
It is difficult to think of hiring a lawyer when you are injured. However, hiring an attorney to help you understand the compensation you can get from your employer is essential. When you hire an accident attorney near Isle of Palms, SC, he can help you get the necessary documents to simplify the compensation process. Your employer will provide you with the forms needed to get the compensation, but it is better to retain a lawyer who can help you get the necessary information to place in the forms. Moreover, if you find it challenging to get the compensation, your lawyer will aggressively represent you in court and ensure you get the compensation you deserve.
Thus, the essential steps to take in case you get injured at your workplace would be to get the necessary help. This is essential to represent your rights and get the compensation required. The South Carolina laws regarding workplace injury are pretty strict, and most of these are regarding the coverage of the victim’s medical expenses. In case of death, the dependents become eligible for coverage and death benefits. However, you must file suitable claims with the employers and retain a lawyer even for this. Hence, when you are the victim of a workplace injury, it is essential to get a family member to help you hire an accident attorney near Summerville, SC so that your rights are upheld.
What you must know about reporting workplace accidents in South Carolina?
If you have suffered a workplace injury, it is essential to report it to get the worker’s compensation. Here, you must understand the coverage and compensation you can receive. If you are legitimately employed, you are eligible for the coverage of your medical expenses, the disfigurement expenses, coverage of the loss of wages, and any extended medical treatment you must undertake due to the injury.
However, to become eligible for the worker’s compensation, it is essential to report the injury and fill in the necessary forms within ninety days of the incident. You must submit the report to your employer so that he can review the documents and submit it to the insurer. The insurer must release the funds, so you should submit the claim immediately. The earlier you submit the claim, the faster the claim process will be, and you will find that the funds are released quicker. Thus, the first thing you must know about reporting a workplace accident is to do it as soon as possible. Some of the other things that you must understand about reporting workplace accidents are as follows:
- Gathering witness reports
Getting witness statements to substantiate your claim in a workplace accident is essential. It might become difficult for you to pick the necessary reports, especially when you are the victim. Still, if you hire an accident attorney near James Island, SC, you will find that it simplifies the entire process. The report that you submit must contain details regarding how the accident occurred and the injuries that you have suffered. Hence, witness reports become essential as they will give your employer an idea of the exact situation leading to the accident and whether it was caused by negligence. If it is a potential safety issue, you must take necessary safety precautions and meet OSHA standards. It would help if you made your employer aware of this, and gathering the required witness reports is essential.
- Understanding the cause of the accident
Despite the best efforts of your employer, accidents can occur, but it is essential to know whether it is a system or a human error. For example, suppose your work is hazardous, such as if you are a construction worker or are involved in the disposal of toxic waste. In that case, there are specific work standards that your employer must meet. These standards will be different from the work standards of an employee in the retail industry or someone working at the front desk. Thus, a thorough investigation of the cause of the accident is essential, and this is done through the accident report. You will find that in the report, the victim provides details of what happened before and after the accident, which can give the employer an insight into the safety standards and whether a sudden laxity caused the accident.
- Chances of improving the standard operating procedures
When you provide an accident report, you will give details of the situation of the accident. For instance, you will mention whether it was a group injury or an isolated incident. You will also say whether the incident was caused by a sudden change in weather or something beyond human control. Such changes, which you cannot predict, might require specific changes in the standard operation procedures for the safety of the employees. As the report is submitted to the employer, it becomes an opportunity for him to understand whether he can avoid such unforeseen situations.
When you provide an accident report, you will find that it has details of the accident and the result of the accident. Both situations are essential to help your employer understand the effect of the accident. If he feels that he must incorporate changes in his factory or workplace, the accident report can help him understand the changes he must make. Thus, the accident report is essential for the employer to evaluate the cause of the accident and for the employee to get the necessary worker’s compensation from the employer’s insurer.
Your rights after a workplace injury in South Carolina
You become eligible for worker’s compensation if you are legally employed in a South Carolina firm and suffer grievous injuries. However, hiring an accident attorney near West Ashley, SC, is essential to understand your rights when you suffer a workplace injury and the compensation you can receive. Some of the rights after a workplace injury in South Carolina are as follows:
- You are eligible for complete coverage of the medical expenses due to the injuries you have suffered at your workplace.
- You are eligible for compensation if you have suffered partial or complete disfigurement due to the accident at your workplace.
- When you are a workplace accident victim, your quality of life will be affected as you cannot earn total wages. Your employer is expected to compensate you for that, and you can claim coverage for losing quality of life. However, this will be two-thirds of your average weekly wage.
- If you have suffered a significant injury and you cannot be expected to return to your everyday work life, you must opt for a vocational retraining. Here, he must cover the expenses of vocational retraining under the worker’s compensation.
- In case of injuries requiring significant post-operative care and physical therapy, the worker’s compensation must cover it. You will find that the worker’s compensation covers physical and mental trauma-related expenses.
The issue you will face here is that most victims are unaware of the coverage they can receive under worker’s compensation. They believe they can receive coverage only for the immediate medical expenses and the surgery. However, suppose you file the proper claim with the support of an experienced lawyer. In that case, you will find that you can get complete coverage of your medical expenses, and your quality of life will also not suffer. This is essential, especially when you have several dependents on you, and if you do not go to work regularly, your quality of life will also be affected. Thus, hiring an expert lawyer and ensuring you get the maximum worker’s compensation in case of a workplace injury is essential.
If you need the best accident attorney near Charleston, SC, you must contact us at Longshore Law Firm LLC. We understand that suffering a workplace injury can be daunting, but you are not alone. Call us at (803) 319-3360 for guidance and representation to secure the benefits and compensation you deserve.