A loading dock is often one of the most dangerous places on a worksite and could leave workers vulnerable to severe accidents leading to long-lasting, catastrophic injuries. If you live in Greenville and were involved in a recent loading dock incident, it is vital to speak with a Greenville loading dock injuries lawyer as soon as possible.
A practiced warehouse injury attorney could walk alongside you through each step of the claims process. A lawyer could also help you examine your options to pursue a lawsuit seeking financial damages against any negligent third-parties.
Greenville Worker’s Compensation Claims
In accordance with South Carolina Code of Laws §42-15-40, workers who are hurt while performing their job role are given two years from the date of their injury to file a claim for benefits with the South Carolina Worker’s Compensation Commission.
Compliance with this two-year statutory deadline is vital, as failure to do so could time-bar the injured party from receiving the benefits which may be owed to them. A lawyer in Greenville assisting an injured loading dock worker could handle all aspects of the claims process, from filing the necessary documentation to submitting an appeal if benefits are denied.
While injured workers have two years from the accident date to file a claim, they only have 90 days from the accident to report the injury to their employer (see S.C. Code Ann. §42-15-20(B)). Adherence to this reporting period is crucial. If a worker waits to notify their employer of their injury, their claim for benefits could be barred.
If a worker suffers fatal injuries from an on-the-job accident, the law provides the decedent’s surviving family members two years from the date of the victim’s death to pursue benefits.
One possible exception to the 90-day employer notice period is when the worker’s injuries involve repetitive trauma. As per S.C. Code Ann. §42-15-20(C), when the injury involves a recurring trauma, the worker must notify their employer of the injury within 90 days or discovering it, or when they reasonably could have discovered it.
How Compensation Is Assessed
Worker’s compensation benefits generally cover medical costs such as hospitalization, surgery, and prescriptions. A portion of the individual’s lost wages may also be included. These benefits are assessed at 66 2/3 percent of the individual’s average earnings per week according to their income in the four quarters preceding the injury.
Financial Recovery in Third-Party Claims
There may be occasions when a negligent third-party is legally liable for the worker’s injuries and other losses, such as a general contractor or subcontractor. In such cases, a dedicated Greenville loading docks attorney could help the injured party file a third-party lawsuit for medical bills, pain, suffering, lost wages, and other appropriate damages. Injured workers have three years to sue a third-party for negligence, as outlined under S.C. Code Ann §15-3-530.
Common Causes of Greenville Loading Dock Injuries
The physical harm which may be suffered by loading dock workers injured on the job ranges from mild to deadly. While these types of injuries could occur in a variety of scenarios, the following factors are the most common causes of loading dock injuries:
- Being crushed
- Incorrect lifting procedures
- Forklift incidents
- Shifting cargo
- Exposure to dangerous materials
- Cargo load or pallets tipping over
Injuries Which May Be Sustained
Sprains, strains, lacerations, and bruises are some of the most common injuries incurred by injured loading dock workers. Severe and potentially life-impacting injuries could include broken bones, traumatic brain injuries, spinal cord injuries, head injuries, neck injuries, and knee injuries.
Schedule a Confidential Consultation with a Greenville Loading Dock Injuries Attorney
Even when workers exert extreme care when conducting the daily functions of their job, they could still suffer serious injuries in the course of their duties. If you have been hurt in a Greenville loading dock incident, a Greenville loading dock injuries lawyer could help you collect benefits through worker’s compensation. Depending on the circumstances of your injury, you may also be eligible to pursue a third-party lawsuit for additional compensation such as pain and suffering.
Get in touch today to schedule your attorney consultation and learn what financial recovery may be available.