When you have been injured at work you need to know how to make sure you get the compensation. If you are ever uncertain about what you need to do, contact an experienced workers compensation attorney. To protect your claim, the first thing you have to do is notify your employer of your injuries. The second thing is filing a completed form 50 or 52 with the South Carolina Workers’ Compensation Commission: Form 50, if you yourself were injured, or Form 52, if you are filing a claim for a deceased loved one.
This is a deceptively simple process, especially if your employer plans to challenge your claim. Missing deadlines or improperly reporting your incident could mean that you lose your right to any recovery at all.
What does the first step mean? You must notify your employer, but what exactly is required? Basically, you must tell your employer about your accident within 90 days, but you should get your claim rolling as soon as possible after the accident. If you have missed the 90-day deadline there are a few exceptions, such as:
- If the employer actually knew of the accident before the deadline;
- If you were physically or mentally incapable of reporting your injuries;
- If you were the victim of fraud or deceit of a third party.
It is your employer’s responsibility to file with the SC Workers Compensation Commission, but if you believe that your employer has not reported your claim or is selling your claim short, you may file your own claim.
If your employer is not dealing with your claim to your satisfaction, you can either file the claim yourself or for your deceased relative, using forms 50 or 52, or you can get the help of an experienced workers compensation attorney. The forms contains questions relating to your injury like who you are, what happened, and what were your wages at the time. This isn’t the most complicated stuff, but it is never a bad idea to get an experienced set of eyes on a document that could seriously affect your life.
The form will also ask you if you want a hearing. In South Carolina, if your employer refuses to compensate you for your injury, you have the right to request a hearing before the SC Workers Comp Commission. At your hearing, one of the commissioners will decide what to do with your claim. If you are thinking about requesting a hearing, you should definitely speak to an attorney first.
Attorney for Workers Comp Claim
The SC workers comp attorneys at Reeves, Aiken, & Hightower know the South Carolina worker’s compensation system and are ready to get you the recovery you deserve. Peruse our website, examine our credentials to any other firm. Then call us at 877-374-5999 or contact us at this link for a private consultation.