Charleston, SC – Workers compensation is a type of insurance that is available to help workers who sustain an injury and must miss time while they recover. The worker will be paid out a certain percentage of their normal wages once their claim is processed and approved.
All employers in South Carolina with a certain number of employees are required to pay into the workers compensation system by law. This means that employees will always be covered after a legitimate work related injury happens. There are also some other eligibility requirements that must be met in order for the claim to be paid out. In most cases, as long as the person was hurt while actively working, they will receive workers compensation benefits.
Must be an employee
Workers compensation benefits are generally reserved for those who are employees of the company that pays into the compensation system. This may exclude independent contractors and other workers with a different employment status such as temp workers.
Testing for drugs and alcohol
It is common for most employers to require that the person who was injured to submit to testing for drugs and alcohol before the claim is processed. If the person was impaired when the injury happened, this is a violation of company policy and the claim will not be paid out. The worker may also face other disciplinary actions from their employer for being intoxicated on the job.
Standard job duties
The worker must have been completing their standard job duties when the accident and injury happened. This will exclude things like their commute to and from work, break time, and employees who were engaged in some kind of misconduct when the incident happened. In some cases, there may have to be important factual determinations regarding what kind of company functions qualify as the employer’s responsibility.
Examination by an independent doctor
As the paperwork is processed, doctors routinely look at the injuries of a person who is making a claim. This physician is retained by the insurance company, and they will check to make sure the person is actually hurt and not faking an injury, as well as making sure that their injury is severe enough that their ability to work is affected. This is done to help prevent insurance fraud and save money if a claim is found to be illegitimate.
Workers compensation lawyers in South Carolina
The Clekis Law Firm is dedicated to helping workers with various workers compensation issues in the Charleston area. Anyone who needs to speak with a local licensed attorney in South Carolina can get in touch with the firm to schedule a consultation.
Firm contact info:
171 Church St., Charleston SC, 29401