In South Carolina, organizations that employ at least four individuals—including part-time employees and family members—must carry workers’ compensation insurance. Should someone get hurt on the job, this coverage will protect both the injured party and the employer.
How Does Workers’ Compensation Protect Employees?
In South Carolina, a successful worker’s comp claim can yield funds for the following:
- Back pay for the time the employee is out of work because of the injury,
- 100 percent of medical expenses for the covered injury with no deductibles, and
- Money benefits for any permanent or partial disability due to the injury.
If the employee must miss at least seven days of work, he or she is entitled to disability benefits, as well. These benefits aim to compensate injured workers for a portion of their lost wages.
If the employee dies as a result of the injury, surviving loved ones are entitled to funeral expenses and death benefits, which are based on the deceased’s number of dependents.
As long as your employer has an adequate workers’ compensation policy, you’ll have peace of mind knowing your financial security won’t be threatened if you get hurt on the job. This is assuming, however, that neither your employer nor their carrier will challenge your claim.
Unfortunately, as many injured workers have learned the hard way, hurdles are fairly common when it comes to workers’ comp claims. That’s why it’s advisable to seek legal counsel before commencing your claim. A seasoned attorney will advocate for you at every stage of the proceedings while helping you pursue the compensation you deserve.
How Does Workers’ Compensation Protect Employers?
If you accept a workers’ comp payout from your employer’s insurer, you waive your right to file a personal injury claim. As such, your employer won’t have to worry about facing litigation.
While some industries are certainly more dangerous than others, work injuries are essentially inevitably at virtually every organization. Accidents happen, and when they do, it’s the employees who usually end up getting hurt.
By purchasing workers’ compensation insurance, businesses owners don’t have to worry about covering their employees’ injuries out of pocket. That doesn’t mean, however, that they can implement negligent protocols without any repercussions.
Even with adequate coverage, organizations are required to maintain a safe working environment for their employees. If they fail to do so in a grossly negligent manner, they could be exposed to litigation, regardless of their existing coverage.
In other words, just because your employer has workers’ comp coverage doesn’t mean you’re relegated to filing an insurance claim following an accident that could’ve been prevented. If you were seriously hurt and you want to take legal action—which has the potential to yield a lot more compensation than a workers’ comp claim—a personal injury attorney can evaluate the situation and help you determine how best to proceed.
Discuss Your Case with a Workers’ Compensation Attorney in Spartanburg
If you intend to file a workers’ comp claim—or you already have but your employer is being uncooperative—contact Hodge & Langley Law Firm. Our team has nearly 50 years of combined experience in the legal field.
By letting us handle the logistics of your claim, you can focus on recovering from your injuries. Call 864-585-3873 or use our Online Contact Form to set up a free consultation with a workers’ compensation lawyer in Spartanburg.