According to the Law on Health Insurance, an injury at work is any illness, condition, or death brought on by an accident at work, that is, by any unforeseen or unplanned event, including an act of violence, that happened as a result of work and occurred either right away or within a certain amount of time after the date of the injury at work.
If this unfortunate incident happened to you or a loved one and you don’t know what to do, then continue reading because we have provided you with all the necessary information below.
Report the Injury
One of the most crucial things you can do if you get hurt at work is to report it. This may appear to be quite apparent. It would seem wise to wait and see and not discuss the occurrence, but there are numerous instances where someone is hurt without needing immediate medical assistance. An employer may refuse to pay for your medical care and terminate your benefits if you fail to report an injury. Correctly reporting an accident will prevent a lot of possible issues.
Failure to report an accident might result in several issues. Your employer may refuse to pay for your medical care and other benefits if you fail to report an accident promptly. Your employer will also be questioned by the workers’ compensation insurance provider about why the accident wasn’t reported promptly. Treatment for injuries sustained at work will not be covered by your private health insurance provider.
If you are injured at work, you are entitled to workers’ compensation benefits. For sound legal advice and guidance, you will need a lawyer. Compensation attorneys work tirelessly to protect the rights of injured workers. If you are a nurse, doctor, or medical assistant who was injured on the job in South Carolina, you likely are eligible for workers’ compensation benefits, so reaching out to South Carolina healthcare work injury lawyers is clever if you want to be provided with financial and legal support while you recover. Lawyers provide free consultations to inform you of your rights and obligations under the law.
What Are Your Rights by Compensation Laws?
State rules governing workers’ compensation differ, but generally speaking:
- you have the right to submit a claim in workers’ compensation court or the state industrial court for your accident or injury;
- you have the right to a workers’ compensation hearing;
- you have the right to seek medical attention for any work-related ailments;
- if your doctor releases you to return to work, you have the right to receive all workers’ compensation benefits to which you are entitled;
- you have the right to return to your job;
- if your injury or illness prevents you from returning to work (whether permanently or temporarily), you have the right to some form of disability compensation.
What Rights Do I Have Against People Aside from My Employer?
An occupational accident may occasionally result from the fault or carelessness of a third party, such as the maker of subpar machinery or a delivery truck driver. You might be able to file a lawsuit for damages against that person or company. Such a claim is typically brought in civil court as a lawsuit rather than under the umbrella of workers’ compensation.
When you file a civil lawsuit for injuries sustained at work, you can often demand reimbursement for losses (“damages,” in legalese) that aren’t recoverable in a workers’ compensation claim.
For instance, the workers’ compensation payments you get are primarily meant to cover your medical costs and lost income; you are often not permitted to seek compensation for “non-economic” losses, such as the emotional and physical pain and suffering brought on by your injuries. These types of damages, however, are recoverable in a personal injury case brought against a third party. Find out more about the circumstances under which you may file a lawsuit not related to workers’ compensation.
Consult with a lawyer about your case (and your alternatives) if you believe the specifics of your workplace injuries may allow you to submit a workers’ compensation claim or pursue other legal options. Find out more about when to consult a personal injury lawyer and when to employ a workers’ compensation attorney.
If you were injured at work, we wish you a speedy and successful recovery! If not, we hope it will stay that way, but if it does, at least you will know what to do with the help of our advice. Stay safe and be informed about all your rights as a worker.