After sustaining an injury at work, you might be wondering what you should do next. To recover the compensation benefits you deserve, it is critical that you understand the steps you should take. For more information about what you should know about a Charleston workers’ compensation case, call today. Let a dedicated workers’ compensation lawyer explain your rights and help you recover damages.
Contacting an Attorney Following an Injury at Work
In some cases, injuries following an accident are apparent. However, other times, injuries do not appear immediately. Therefore, it is vital for injured victims to contact an attorney immediately following an accident. A lawyer could make sure that their workers’ compensation claim will still be valid.
For most claims, employers have a recommended doctor that is provided for by the company under a workers’ compensation plan and are willing to cooperate with their employees. However, if a person wishes to see another doctor or if the employer is uncooperative, an injured person may want to seek an advocate for their claim.
Who is Typically Involved in Charleston Workers’ Compensation Claims?
There are many parties usually involved in a workers’ compensation claim in Charleston. In a work-related accident with a state workers’ compensation claim, typically the employer and their insurance carriers are the two primary parties involved with the injured worker.
If the injured individual is working for government contractors, then the case will involve the employer, an insurance carrier, and the injured worker. This case may also include other parties such as a secondary fund that might pay for some of the damages on behalf of the employer.
Also, it is essential to note that in an accident at work could include a third-party claim. A third-party claim is when the liable party is someone other than the employer or a co-worker. For example, someone is driving a car for their employer, and another driver runs a red light and causes a car crash. Not only would they have a workers’ compensation case with the employer and with their insurance carrier, but victims may also have a potential third-party case against the at-fault driver and that person’s insurance carrier to receive additional compensation for the injuries incurred.
Filing a Claim on Time
If there is a work accident that occurs, the first specific regulation is that South Carolina will require that notice be given to the employer within 90 days. If it is a longshoreman or any type of worker that falls under the Longshore Harbor Workers’ Compensation Act, they would have to give that notice within 30 days. The statute of limitations also applies, which means the individual must bring their claim within two years of the accident even after giving the notice to the employer. With longshoremen, there is a one-year statute of limitations in which time the claim must be brought.
Filing claims within a timely manner is critical. Therefore, it is wise for injured individuals to seek the services of a lawyer who could help navigate through the workers’ compensation process.
Call to Learn More About Workers’ Compensation Claims in Charleston
After being informed of what to know about a Charleston workers’ compensation case, you may wish to continue the fight for the compensation you need. A seasoned workers compensation attorney could help recover the benefits you deserve. Call today and schedule a consultation with a dedicated legal professional.