There are many steps you have to take to get compensation for construction injuries in South Carolina, all of which our attorneys can help you navigate so you ultimately get the benefits you need.
The first step you should take is to report the injury to your employer. Getting medical attention for construction injuries is just as important. It is also important that an employer-approved physician provide medical care so that Workers’ Compensation will accept your claim. We can confirm that your employer properly reported the injury to initiate your claim, answer follow-up questions, provide additional information from your injury, and explain what the Workers’ Compensation decision means when you receive it.
Get a free case assessment from our lawyers for injuries to construction workers by calling the Graves Injury Law Firm at (305) 614-2767.
Steps to Get Compensation for Injuries to Construction Workers in Charleston, SC
Construction workers cannot receive compensation for workplace injuries without taking the proper steps.
Report to Employer
To recover compensation for construction injuries in Charleston, you must report the accident to your supervisor or employer. Construction workers have 90 days from the date they sustain injuries to inform their employers. Although you technically have the full 90 days to report your injury, our lawyers for injuries to construction workers can help you do so much sooner to begin your claim. Construction workers should always report injuries in writing for better documentation.
Medical Attention for Injuries
You need to prove that you sustained injuries on a construction site to get compensation for them. For the bulk of your care, your employer may choose your treating physician. If you need emergency medical attention for a work injury, you do not have to see an employer-approved physician to get those expenses covered by Workers’ Compensation.
Confirm Employer’s Report of Injury
A Workers’ Compensation claim begins when the employer of the injured worker reports the injury to their Workers’ Compensation carrier and the South Carolina Workers’ Compensation Commission (SCWCC). The deadline for employer reporting is generally 10 days from the employer’s receipt of notice of an injury.
If your employer does not notify their carrier to initiate your Workers’ Compensation case, we can file Form 50 with the SCWCC ourselves within 2 years of the injury.
Wait for Claim Decision
The claims review process in South Carolina may take 2 to 4 weeks. During that time, the claims adjuster will review all medical records, photographs, witness statements, company accident reports, and other relevant documentation. The adjuster may have follow-up questions during this time, which we can answer on your behalf to prevent you from unintentionally misspeaking and potentially harming your claim.
Receive Workers’ Comp Benefits
If your Workers’ Compensation claim is approved, you should start receiving lost-wage benefits relatively soon. Workers’ Compensation should pay all of your medical bills directly, meaning your physicians should send all bills to the carrier, not to you. Medical benefits last until an injured worker reaches maximum medical improvement, and lost-wage benefits expire at different times, based on the claimant’s disability.
Appeal Workers’ Comp Denial
If an adjuster denies your claim, our attorneys can proceed with an appeal. We can request a hearing with the SCWCC to explain why you deserve benefits. There are several opportunities for you to appeal your Workers’ Compensation claim that has been denied, so do not give up if it was originally denied.
How Can You Help Your Workers’ Compensation Claim After a Construction Injury?
Do not underestimate what you can do to help your own Workers’ Compensation claim succeed in South Carolina.
Get Care from Approved Physicians
Make sure that the physician overseeing your treatment is approved by your employer and their Workers’ Compensation carrier. We can get a list of all approved physicians near you in Charleston, so there are no issues with you receiving medical benefits.
Do Not Return to Work Prematurely
Attempting to work with a construction injury could seriously jeopardize your Workers’ Compensation claim. Listen to medical professionals when they explain the extent of your temporary disability and the dangers of returning to work prematurely.
Do Not Exacerbate Your Injury
Help your Workers’ Compensation case by not doing anything to exacerbate a construction injury while you physically recover. Carriers might refuse to cover additional medical bills or lost wages if they can blame those damages on the injured worker.
Respond to Follow-Up Questions
Workers’ Compensation often has follow-up questions for claimants. Follow-up questions are sometimes designed to confuse or frustrate injured workers, which is why it is wise to let our attorneys handle all communication and correspondence with the insurance company throughout the entire claim.
FAQs About Getting Compensation for Injuries to Construction Workers
What is the Deadline to Get Compensation for a Construction Injury?
You have up to 2 years from your injury to get damages from Workers’ Compensation in South Carolina.
What Construction Injuries Deserve Compensation in Charleston, SC?
Any injury that makes you incur medical expenses and prevents you from working in a limited capacity or in any capacity deserves damages from Workers’ Compensation.
Is Workers’ Compensation the Only Recovery Option for Construction Injuries?
Workers’ Compensation is the most likely recovery option for most construction injuries. It may not be the only option, however, if a third party can be held liable for defective products or vehicle accidents.
Does Workers’ Comp Cover All Construction Injuries in Charleston, SC?
Workers’ Compensation covers most construction injuries. Injuries not sustained at work or during the normal course of employment are not covered. Injuries due to intoxication at the workplace are also not covered, and neither are injuries workers intentionally cause to collect benefits.
Call Us After a Construction Injury in Charleston, SC
Get a free case review from our lawyers for injuries to construction workers when you call the Graves Injury Law Firm today at (305) 614-2767.
