So You’ve Been Hurt at Work. Now what?
If you work in South Carolina and have suffered a work injury, you might be concerned about what you need to do to ensure that you’re being taken care of and that you’re receiving the benefits you need for a safe and speedy recovery. Don’t panic! There are two important steps that you must follow:
- Report your injury to your employer.
The absolute first thing you need to do when hurt on the job is to inform your employer of the injury. The best policy is to make sure that there is physical documentation of your injury. File an accident report if you can. If your claim is related to an occupational disease be sure to keep evidence of doctors notes. You have 90 days from your accident or diagnosis to report your injury to your employer.
- File a claim.
The next step is to file a claim. You have two years to file a claim for workers’ compensation; however, we generally recommend filing sooner rather than later. You don’t want to find yourself coming up against deadlines. In the event of the death of the injured employee their dependents (or parents if there are no dependents) are responsible for filing the claim.
If you have any questions about filing a claim or reporting your injury, don’t hesitate to contact an attorney. Oxner + Permar has the experience to guide you and make sure that you are taking the right steps to receive your workers’ comp benefits.
If you’ve been injured at work, be sure to report your injury and file your claim, these are the first steps to claiming the benefits that you deserve.
Is My Employer Required to Have Workers’ Comp Insurance?
I often have clients who worry that their employer might not have workers’ compensation insurance. They aren’t sure what the requirements are for their employers. So it’s not uncommon that I get the question, “Is my employer required to have workers’ compensation insurance?”
Nine times out of ten the answer is a resounding YES! Generally, any employer who regularly employs four or more workers (either full-time or part-time) is required to have workers’ comp insurance and is not allowed to opt out of this requirement.
There are a few exceptions, however, and they are:
- Agricultural employees
- Railroad and Railway express companies and their employees
- Textile Hall Corporation
- Certain commission paid real estate agencies
- Employers who had a total annual payroll of less than $3,000 in the previous year
Although these employers are not required to carry workman’s comp insurance, any employer may purchase coverage. Therefore, regardless of who your employer is, it is always worth asking them if they carry workers’ comp insurance. You may find that you are in fact covered.
If you have specific concerns as to whether or not your employer should be carrying workers’ compensation insurance, don’t hesitate to ask an attorney. An experienced attorney, such as those at Oxner + Permar will be able to tell you specifically whether or not if you should be covered.
Chances are your employer is required to have workers’ compensation insurance. Make sure your employer is obeying the law and that your rights are being protected.