What you Should Know About Workers' Compensation
What is Workers' Compensation?
Workers' compensation laws are designed to compensate you for any injuries you receive on the job. Under these laws, your employer is not liable for your injuries, so you cannot sue your employer. Instead, you will be provided compensation for lost wages and medical expenses regardless of whether your employer is at fault for the injury.
Am I eligible for Workers' Compensation?
Just about every employee in South Carolina is eligible for workers' compensation benefits, with a few exceptions. Employees who may not be eligible for the benefits include Federal employees, railroad company employees, agricultural employees, and people working at businesses with less than four employees.
What kind of compensation will I receive with Workers' Compensation?
Workers' compensation provides benefits for short and long-term disability, medical expenses, and death benefits. Compensation may be provided for:
- Lost wages while you are temporarily disabled
- Necessary medical treatment
- Permanent disability or disfigurement
For missed work, you will be compensated at a rate of about 66 percent of your normal weekly wage. You will also be compensated if you are totally disabled or if you have lost a loved one to a workplace accident.
Can I sue my employer instead of getting Workers' Compensation benefits?
Typically you cannot, unless there was some intentional action on the part of your employer. Workers' compensation laws are designed to prevent this type of lawsuit. Your employer pays for the benefits and is relieved from liability in return. Benefits are provided regardless of who is at fault in the accident.
In some cases, lawsuits are brought against third parties responsible for workplace injuries. For example, an injured construction worker may sue the manufacturer of dangerous and defective machinery. The workers compensation lawyers in Columbia, SC at McWhirter, Bellinger & Associates can determine the avenue of compensation most beneficial to you.
Do I need an attorney for Workers' Compensation?
You are not required to hire an attorney to file a workers' compensation claim, but it may be in your best interest to do so. The process involves paperwork, deadlines and proper communication between the insurance company and your doctor. An attorney can ensure all of these steps are completed correctly and that you receive a fair amount of compensation in a timely manner.
If you have suffered an on-the-job injury, please contact the experienced workers' compensation lawyers in Columbia, South Carolina at McWhirter, Bellinger & Associates, P.A., to schedule a free initial consultation. Proudly serving the areas of Camden, Sumter, Lexington, Newberry, Orangeburg, Columbia and Aiken, SC.
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