The physical and financial pressures that follow a workplace injury could leave many unwilling or unable to sufficiently fight for their recovery. It is an overwhelming task to take on the workers’ compensation process or file a lawsuit while trying to recover and maintain your health after a workplace injury.
If you suffered an injury working on a loading dock in Columbia, you might benefit from the advice and counsel of a local personal injury attorney. An experienced Columbia loading dock injuries lawyer could review your case and potentially help you facilitate a strategy for your recovery.
In South Carolina, most industries with four or more employees are required to have workers’ compensation insurance. Failure to provide such insurance would be a violation of state law. But there are certain occupations that are exempt from having to provide workers’ compensation. Workers that may not be covered by workers’ compensation include:
- Agricultural employees
- Railroad workers
- Federal employees in South Carolina
- Some temporary employees but not all
- Some realtors but not all
- Small businesses with less than four employees
Loading dock workers in Columbia would likely be eligible to receive workers’ compensation benefits unless their field of work falls under one of the above categories. If a worker is not eligible to receive benefits, they may have the option to bring a lawsuit to recover damages for their injuries.
Workers’ Compensation Benefits
If eligible, workers may seek benefits under their workers’ compensation insurance. Depending on the injury suffered, an employee might receive compensation for medical care, lost wages, or disability benefits. Medical care includes all necessary treatments related to workplace injuries such as doctor visits, surgeries, medications, and other necessary treatments. Only medical treatment provided by the doctor that the employer elects, aside from emergency care, is covered.
Lost wages includes time spent away from work due to the work-related injury. This is also considered a temporary total disability. Employees injured at a loading dock in Columbia would qualify for lost wages compensation if they miss at least seven days. If an employee misses work for fourteen days, they may receive lost wages retroactively from the date they were unable to work.
Disability benefits are split between permanent partial and permanent total disability injuries. Permanent partial includes injuries that partially impair a worker, like a partial inability to use an extremity such as a hand. Permanent total disability compensates those that have entirely lost the ability to use a bodily function such as losing both arms or legs.
Filing for Workers’ Compensation in Columbia
If a loading dock employee in Columbia is seeking to file for workers’ compensation for a work-related injury, they should report their injury to their employer first. The employer could file the claim with the South Carolina Workers’ Compensation Commission. If the employer fails to do so or otherwise refuses to report the claim, employees may file the claim themselves. South Carolina Code §42-15-40 gives employees two years from the date of their workplace injury to file for workers’ compensation.
Contact a Columbia Loading Dock Injuries Attorney Today
Sometimes seeking recovery is like going to war. Sometimes you are going up against insurance companies and law firms who have extensive resources and experience and who do not want to lose. Their job is to fight to keep you from receiving the just compensation you are seeking for your work-related injuries. A Columbia loading dock injuries lawyer could stand by your side, and as your ally, help you fight for your right to relief. Call now to get started on your case today.