Tourism is a critical aspect of Charleston’s economy. While thousands of people keep the region’s resorts running and rely on this work for their livelihood, an on-the-job injury may be devastating to a resort worker and their family. An experienced workerplace safety lawyer could provide valuable legal guidance and representation for anyone contemplating their next step following a resort workplace injury.
Getting legal with workplace safety issues in Charleston resorts could be beneficial in many ways. Your attorney could assess your case to give you an idea of what outcomes may be possible. They may also be able to help you file your workers’ compensation claim and potentially appeal a denied claim effectively to present a strong case.
How to Pursue a Workers’ Compensation Case
When someone is injured while working at a Charleston resort, they have the right to seek compensation through a workers’ compensation claim. A seasoned lawyer could help injured workers understand their rights under the relevant state laws and provide guidance on how to effectively pursue a workers’ compensation claim.
Giving Notice to the Employer
After a workplace injury, an employee could start a workers’ compensation claim by giving their employee notice of the injury within 90 days after the incident in question. Once they receive a report of an injury, the employer has ten days to report the injury to the South Carolina Workers’ Compensation Commission, which oversees workers’ compensation claims and administers benefits.
Disputing a Denied Claim
Employees have the right to dispute the initial action on their claim by filing an Employee’s Notice of Claim and/or Request for Hearing. They could also use this form to start a claim if their employer failed to report the injury to the Commission. Throughout the dispute process, an appeal could go through several steps. This may include:
- A hearing before a Workers’ Compensation Commissioner
- Review by a panel of three Commissioners
- Appeal to the South Carolina Court of Appeals
- Appeal to the South Carolina Supreme Court
Even if a claim or appeal has already been denied, getting proper legal representation may still be beneficial for employees seeking workers’ compensation benefits, as alternative options for pursuing benefits may be available.
Independent Contractor Misclassification and Workers’ Compensation
A workers’ compensation claim could be denied improperly if the employer incorrectly states that a worker was not their employee. This may occur in resort work if the employer has wrongly classified someone as an independent contractor. Employers may do so to avoid the expense of workers’ compensation, tax withholding, and other legal requirements.
Under South Carolina law, employers are required to treat workers as employees, not as independent contractors, when the employer has the right to control the employee in the performance of their work and in the way in which it is done. For purposes of workers’ compensation law, any doubts about this could be construed in the employee’s favor. Anyone concerned about independent contractor misclassification in Charleston resorts may benefit from having an attorney who could help one understand more about these types of cases and Charleston workplace safety in resorts.
Taking Action Against Resort Workplace Safety Violations in Charleston
If you were hurt during your work at a resort, you may want to contact a lawyer knowledgeable about workplace safety in Charleston resorts. A hard-working attorney could explain your legal rights under workers’ compensation and other laws, assess potential results to expect, suggest actions to take to pursue compensation, and help file a workers’ compensation claim or appeal a denied claim on your behalf. Call today to learn more about your legal options.