A Step-by-Step Guide on How to Claim Workers Compensation

It’s always a terrible ordeal when you’ve been in a work-related accident or your loved one has suffered injuries at the workplace. A lot of people don’t understand how the system works or know their rights when it comes to workers’ compensation. But you can rest assured that regulators put laws in place that protect employees from injuries sustained during working hours. So, if you’re wondering how you can start your claim, then here’s a step-by-step guide on how to get the benefits owed to you through workers’ compensation.

Injuries at Workplace

Step 1 – Report to Your Supervisor or Employer

Reporting to your supervising officer or your employer should be the first thing to do if you get hurt or you’ve been seriously injured while working. It’s a requirement for every employer to have a workers’ compensation plan that protects employees no matter who’s at fault. This is the law in many states in the U.S, including companies based in South Carolina. The workers’ compensation lawyers at https://www.stewartlawoffices.net/workers-compensation-lawyer/ believe that regardless of fault, each employee qualifies for the benefits of this plan when they suffer an injury while working. This is because the employee was carrying out an activity or task that is in the interest of his/her employer. It would be wise to tell the employer about the accident as soon as it happens, but remember that legally you have 30 days to make the report.

Step 2 – Fill Out the Necessary Forms

You will get forms to fill and important documents to review once the report reaches the employer. They will start the process and send you a form that you need to fill, indicating that you got hurt while working and the extent of the injury. Remember to fill out all the information regarding the timing, which activity you were doing, whether you sought medical help, and if any colleagues saw the accident. Sometimes you might not be physically able to hand in the form, but you can fill it out and send it in the mail. Or you could have someone bring it for you and deliver it back to your employer. Remember to keep a copy of that form before sending it in. It would be proof that the report was filled and you submitted it to your employer.

Get Medical Assistance

Step 3 – Get Medical Assistance

You should be getting all the medical attention you require for your own safety and health, but you need it to help your chances for the claim and the benefits. Always remember to get immediate treatment and ask your physicians and doctors to prepare medical reports of your case, listing treatment options, your medication, their opinion on your injuries, details about them, and how long you need for your recovery time.

Step 4 – Receive Your Benefits

You should be receiving your benefits if you handed in all the proper documentation needed and your employer finished the process to get you the benefits from the claim. The type of benefits depends on how big the accident was and how extensive your injuries were. These benefits come in 4 categories that are listed below:

  • Temporary Partial Disability: You can still go to work, but with fewer hours and minimal physical activities. This is for a specific short time.
  • Permanent Partial Disability: You will continue working there, but with minimal physical activities and fewer working hours for the remainder of your contract, even if you renew it and continue working there.
  • Temporary Total Disability: You won’t work at all because you physically can’t, but you will receive monetary compensation for your lost wages. This is only for a specific period and not forever.
  • Permanent Total Disability: You will never be able to work again and you will continue receiving benefits and compensations for the rest of your life.

Workplace Safety

Step 5 – Appeal If You Want

Sometimes people can appeal if their benefits weren’t satisfactory or if their claim was denied from the start. You have the right to hire a lawyer and start the process of getting the compensation you deserve through legal actions and disputes. You will need their help when filing the appeal with the Labor and Industrial Relations Commission. Remember to do this within 20 days of receiving your benefits or getting the denial decision.

It’s always important to fight for your rights, especially if you get hurt while doing your job. Every employer should have a workers’ compensation plan in place for each employee under his/her payroll. It’s required by the law and you should get what you deserve fairly when you’ve suffered injuries in the workplace. So, always do your research, ask around, get legal help, and understand each step to receive your workers’ compensation claim.

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