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Workers' Compensations Benefits Come with Lots of Questions
Learn what it takes to get Workers' Compensation Benefits in South Carolina. Greenville Lawyer Kevin P. Klein answers your questions.
But Greenville Workers’ Compensation Lawyer Kevin P. Klein has Answers for You
What Kind of Injuries and Illnesses are Covered?
Any injury or illness that happens while you’re working will most likely qualify. Some of the most common injuries we see include back injuries, orthopedic injuries and repetitive stress injuries. In the instance of an illness, it can happen when you’re exposed to a chemical or a short or long period of time.
No matter the nature of your injury, you must report it to your employer. Then, call a Greenville Workers’ Compensation lawyer to discuss your options when it comes to a claim.
How long do I have to wait to receive my time loss compensation if I can’t work because of my injury?
Normally, if you’re unable to work for three days or longer immediately following your injury and remain disabled, the Workers’ Compensation board of your self-insured employer will pay time loss within two weeks of the date the accident report is received.Your accident report must include certification from your doctor showing you can’t work as a direct result of your on-the-job injury or exposure.
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Can I sue my employer or a coworker for causing the injury?
Most of the time, the answer is no. The reason is because the Workers’ Compensation system was set up as an alternative to suing employers in exchange for benefits. By law, most employers are required by law to provide Workers’ Compensation insurance. By doing so, they are protected from personal injury claims brought by injured workers.
Will my job still be there when I get back from my workers’ comp injury?
No. Unfortunately, your employer is not required to hold your job open for you. Your job may remain open for a short time under the Family Medical Leave Act (FMLA), but your employer does not have to hold your job longer than outlined in FMLA laws.
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That said, your employer cannot fire you because you have filed or attempted to file a Workers’ Compensation claim. That’s illegal!
What If I’m Already Receiving Workers’ Comp Benefits?
You should still call an experienced Greenville Workers’ Compensation lawyer. An experienced lawyer can ensure:
- You received treatment from a medical specialist
- Your weekly benefits checks are the correct amount
- Your prescriptions are paid for
- Your mileage to any medical appointment is covered
What do I do if my claim is rejected or the Department denies benefits on my claim?
If your claim for Workers’ Comp was denied, you can still appeal. Filing an appeal can be a lengthy and expensive process – especially when you have to fight the insurance company. Don’t try to win benefits on your own, contact a Greenville Workers’ Comp lawyer immediately if you receive a denial or rejection order from the Workers’ Compensation board. Any unfavorable decision must be protested or appealed within 60 days of receipt or it becomes final and binding.
If you still have questions, feel free to contact me at the law office of Don Pilzer, PC. I’m happy to answer any questions you have and offer you a FREE consultation about your Workers’ Compensation case.
