What can I do?
If you were injured on the job or developed an illness while working, you are more than likely entitled to collect workers’ compensation benefits from your employer. These benefits generally include having your medical treatments covered and even receiving pay if your injury or illness has put you out of work. Most employers do choose to purchase workers’ compensation insurance to provide these benefits to you, however, not all do.
Now, when a worker’s injury results in them having to spend time away from work while they recover, it is important to understand that there is a seven-day waiting period before your benefits will be paid [Source: South Carolina Worker’s Compensation Commission]. In the event you are out of work for more than seven days, “payments will come from your employer’s insurance representative.” Now, if your injury or illness has you out of work for more than 14 days, “you will receive compensation even for the first seven days.” These payments should be provided directly to you and you should continue to receive them until your doctor releases you.
During the time you spend out of work, you are entitled to collect “compensation at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Department of Employment and Workforce.” If you happened to be working two or more jobs at the time of your injury, the wages you were receiving may also be factored into the average weekly wage and compensation rate.
What if it’s been seven days and I still haven’t received compensation?
If you notified your employer of your injury and filed your claim, yet your employer is refusing to compensate you, you will want to get in contact with them as soon as possible to find out why. Perhaps your job title prohibits you from receiving workers’ compensation benefits or a mistake was made in handling your claim. Either way, you will need to contact them immediately to help get the matter resolved as you likely are relying on your paycheck to cover the bills that are still due.
Now, if you find that your employer is still not complying, the next step should be to contact Greenville, SC workers’ compensation attorney Paul Hammack. He can contact your employer and/or their insurer to try and resolve the issue first. If the issue persists, he can then file the necessary documentation to get a hearing scheduled to help resolve the dispute between you and your employer. The form that is used to request this hearing is Form 50 and can be viewed by clicking here.
Although you may not need to go as far as requesting a hearing, if your employer isn’t paying you while you are out of work for your work-related injury, we don’t recommend you wait too long before contacting Hammack Law Firm. The fact is, you didn’t plan for an accident to occur at work nor did you account for having to cover bills without a paycheck coming in
So, if you would like help getting this matter resolved and you on your way to receiving the workers’ compensation benefits you are rightfully due, contact us today by calling 864-326-3333.