When one is engaging in a workers’ compensation claim, it is vital to educate on the whole legal process. It is furthermore important to realize that workers’ compensation claims are time-consuming and complex. Many employees injured on the job site are completely unaware of their entitled SC workmans comp rights. As a result, they miss out on the chances to seek advantages of specific laws designed in favor of injured workers and employees. There are certain aspects that one must know about workers’ compensation laws and regulations before pursuing any.
Following the “no-fault” system
The workers’ compensation commissioners don’t evaluate faults and negligence to determine whether one is entitled to compensation for job-site injuries. Compensation is not allowed when there are frauds, intoxications, horseplay, and other associated actions. The negligence on part of the injured workers will not completely bar them from receiving recovering damages. Similarly, negligence on part of the employer will not increase the value of the compensation. Unless and until the injury is intentional, the injured worker is entitled to compensation.
The injured worker cannot be fired for compensation filing
South Carolina state laws prohibit employers of companies from retaliatory firings. In case, an individual has been fired from his/her job because of filing a workers’ compensation claim, the worker can sue the employer in a civil court. No firm can engage in wrongful termination of its employees and workers, especially in retaliation firing. If there is a similar situation, it is serious and must be handled by a legal expert, trained and experienced in the detailed SC workmans comp laws and regulations. This is because filing compensation claims is a tedious task, and involves several steps, which the legal experts are better aware of.
The insurance company is liable to compensate
Several workers and employees are hesitant to seek compensation for their work-related injuries. This is mainly because the workers are scared that the claim will cost their employers thousands of dollars. In reality, it is the insurance company of the employer that is responsible for supporting medical bills, hospital bills, and other costs associated with the damage and injury caused. Thus, the injured workers or employees must notify the employer or supervisor about the job-site injury or accidents. The workers’ compensation laws are designed to pay for the total medical care, support permanent injury, and compensate for the days/hours missed from work due to injuries.
Conclusion
Filing for the compensation claim and even getting approved of the same from the insurance company is never easy. It seems like a long, time-consuming process, full of complex paperwork and documentation. This is the reason why considering a competent SC workmans comp attorney is of the highest priority. Getting misled by insurance company representatives is a common scenario. This is also an area where an experienced and professional attorney can help to make the right decisions. The compensation law also allows claiming for the damage if the injury has been caused by someone else at the job-site other than co-workers, or employers.
