Suffering from a workplace injury could be a challenging experience physically and financially. But there are options available to seek just compensation for work-related injuries. Workers’ compensation and even legal relief through the courts may be appropriate depending on the case.
However, determining your rights, adhering to guidelines and deadlines, and negotiating for your recovery could be overwhelming on your own. For victims of pallet rack collapses in Columbia, a lawyer might be able to lend a helping hand. An experienced personal injury attorney could provide advice, counsel, and help you on your course to recovery.
Workers’ Compensation Eligibility and Benefits
State law requires most employers to provide workers’ compensation insurance for their employees. Businesses with four employees or less are not required to have workers’ compensation. Railroad workers and agricultural workers are also among the major occupations that are not required to have workers’ compensation insurance in South Carolina.
Medical Care and Lost Wages
If eligible, a worker injured by a pallet rack in Columbia may seek medical care, lost wages, and disability benefits. Workers’ compensation insurance might cover medical care expenses, including doctor’s visits, prescriptions, surgery, physical therapy, and other necessary treatments. Lost wages could be covered as well under temporary total disability benefits. To qualify, workers must be unable to work for at least seven days. Lost wages are compensated at 66 2/3 percent of a worker’s average wages, but cannot exceed 100 percent of a worker’s average weekly wage.
Permanent Disability Benefits
Permanent partial disability allows those that have suffered some form of permanent impairment to recover disability benefits. Examples of permanent partial disability might include the inability to use one hand, a finger, or otherwise, function properly. Permanent partial disability allows workers to receive additional compensation up to two-thirds of their average weekly wage, subject to a weekly maximum.
Permanent total disability occurs when a worker permanently loses function in their bodily organ or extremities. For example, losing hands, feet, arms, or legs, vision, or a combination of losses that permanently prohibit a worker’s ability to function. Permanent total disability benefits receive the same rate as total temporary rate for up to 500 weeks, but quadriplegics and other paralyzed workers might receive benefits for life.
Seeking Relief for Workplace Injuries Caused by Pallet Rack Collapses in Columbia
Employees have two years to file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission. If the claim is denied, workers may go through the appeal processes that are in place.
If a workplace injury results from an employer’s intentional act, a worker may file a lawsuit to receive compensation. Intentional acts might include assault, battery, or false imprisonment. Workers may also file personal injury lawsuits against third parties that cause their work-related injuries. Independent contractors and equipment or product manufacturers fall under this category. For example, if a pallet rack collapsed on a warehouse worker in Columbia because it was defectively manufactured, the employee could file a lawsuit against the manufacturer. For personal injury cases, plaintiffs have three years from the date of the injury to file their case under South Carolina Code §15-3-530.
Contact a Columbia Pallet Rack Collapses Attorney Today
The obstacles to receiving just compensation for your work-related injuries could seem daunting when you are pursuing recovery on your own. But with a local personal injury attorney in your corner, you could rest assured knowing that a professional is working alongside you to achieve your goals. A Columbia pallet rack collapses attorney could review the circumstances of your case and provide insight into your quest for recovery. Start exploring your options, call now, and schedule a consultation.