Any such injury should be compensable as long as you can prove it resulted from a work-related accident. If your employer or its insurer tries to delay, dispute, or deny your claim, a workers' comp lawyer can help you seek fair benefits.
Steps to Take If You're Hurt on the Job
If you sustain an injury in the course of performing your job duties in a Horry County hospitality setting, workers' comp should cover all your medical expenses and reimburse two-thirds of your lost wages. To claim your benefits, you should take the following steps in a timely manner.
Seek Immediate Medical Care
If your injury requires emergency treatment, visit the nearest medical facility for attention. Even if you don't feel you're seriously injured, you should see a physician after any workplace accident. In some cases, the adrenaline generated by the accident can mask the symptoms of a serious injury for days or even weeks.
A doctor's exam and diagnostic testing can reveal issues of which you might not be aware. Getting a prompt diagnosis and beginning treatment right away gets you on the road to a faster recovery and provides documentation of your work injury, which is crucial to your workers' comp claim.
Report Your Accidental Injury
Although you have 90 days to report your injury to your employer, you should do so as soon as possible. Report the incident in writing, providing the date, time, place, and details of your accident. Include the names of any witnesses.
File a Claim
Your employer should inform the insurance company of your accidental injury and file a claim for benefits on your behalf. If this doesn't happen within ten days, you may file your own claim by submitting Form 50 (for injury) or Form 52 (for the death of a loved one) from the South Carolina Workers' Compensation Commission (SCWCC) website.
See an Approved Physician
For ongoing treatment, you must see a doctor approved by your employer's insurer. (You may not simply visit your own doctor.) Follow the approved doctor's treatment plan, take all medication as it's prescribed, and don't miss any appointments. Retain documentation and receipts for all your treatments.
Don't Put Anything Off
While you have 90 days to report your injury and two years to file your claim, you should do both as soon as possible. If you delay reporting or filing, the insurer can allege that you're not as badly hurt as you say you are or that your injury is not work-related.
Consult a Lawyer
An experienced workers' comp attorney can handle all communication with your employer's insurer, organize and present your medical evidence, ensure you're not penalized for filing, counter any delay tactics on the insurer's part, and negotiate a lump-sum settlement in some cases. If your claim is denied, your lawyer can represent you in a hearing before the SCWCC and file an appeal in civil court if necessary.