A worker who has sustained a workplace injury should know that they may be able to receive workers’ compensation for their injuries. However, a person should consult with an experienced attorney before applying for workers’ compensation in Orangeburg. A lawyer can help with reviewing documentation of your injuries, issuing subpoenas, interviewing witnesses, and guiding you through the legal process of receiving workers’ compensation.
Required Actions when Filling for Employee Benefits in Orangeburg
The first thing a person should do after being injured at work is reporting their injury to their employer immediately. It is recommended to write a notice and deliver it by hand with a third party as a witness.
Once the notice has been given, the next thing a person should do is make a proper filing with the South Carolina Worker’s Compensation Commission. Due to the complexity of the forms and the difficulty of the evidence gathering process, it is suggested to reach out to an experienced workers’ compensation who has worked on similar cases in Orangeburg. An attorney can make sure that a person’s case is within the statute of limitations and that the notice requirement is met.
Forms Filled Out When Applying for Workers’ Compensation
When applying for workers’ compensation in Orangeburg, a report of injury is filled out by the injured worker and their employer. Form 20 is filled out by the employer, which categorizes what they believe is the average weekly wage and compensation rate. Sometimes the lawyer subpoenas the injured worker’s wage records from the Department of Employment Workforce and subpoenas wage information from the employer to make sure that the proper average weekly wage is calculated and two-thirds of that, which is the compensation rate, is properly paid to the injured worker.
In preparation for bringing the case, the lawyer may send in a two-page letter to the Commission that tolls the statute of limitations and contains the proper information to toll the statute. When a person is going to bring the case for a hearing, they file Form 50 which is the form that is a complaint in a workers’ compensation case. The defense files Form 51 which is their response. In a death case, Form 52 is filed. The response from the defendant is Form 53.
When one goes to mediation, they do a mediation package that explains the case from a disability standpoint, a medical standpoint, and from a compensability standpoint. When they go to trial, they file Form 58, which is a pre-hearing brief and attach all the exhibits and evidence which can be substantial, that must be submitted. Once they get an order from the Commissioner, either side can appeal with Form 30.
The process is a form-driven system and these are just some examples of the types of forms that are used in the case. With of all the complexities from a law perspective, a form perspective, and a medical perspective, it is really in the best interest of the injured worker to reach out to an experienced workers’ compensation attorney to help them navigate the system in South Carolina and in Orangeburg, specifically.
Information to Help Strengthen a Workers’ Injury Claim
It is important for an injured work to present any kind of documentation which proves that they were injured when applying for workers’ compensation in Orangeburg. This includes reports from their doctors or an out-of-work notice. An attorney may have 15 or more subpoenas to send out at the beginning of a case to help build a person’s case. It is the responsibility of a lawyer to obtain every bit of information available and review the evidence to help strengthen a person’s claim.
Benefits of Hiring an Orangeburg Workers’ Compensation Lawyer
An attorney may ensure that the worker has assistance in getting the proper medical expert for the type of injury so they are able to get a proper diagnosis and appropriate medical plan to have the best chance of making a recovery.
In the event that recovery is not 100 percent, the attorney takes the responsibility to see that the injured person has the best opportunity to be paid the proper amount of money for the injuries they sustained in the accident. There are so many things that need to be done at the beginning of one of these cases. The best course of action is to reach out to an experienced workers’ compensation lawyer who can assist the person with the many tasks that need to be accomplished to properly preserve and bring their case.