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.
When a Workplace Injury Leads to Surgery
Things were going along fine, and then you suffered a workplace injury. Now you are wrapped up in a workers’ comp case and trying to figure out next steps. To make matters worse, the workers’ compensation doctor is recommending surgery.
Chances are, you have a lot going through your head.
Perhaps you don’t want surgery. Or, maybe you want surgery, but you would rather have the procedure with a doctor you know and trust versus the one recommended by the insurance company? Another common scenario is when the insurance company sends an injured worker to a second doctor, and that doctor recommends against surgery. Sometimes workers compensation decides not to pay for the procedure—even though you know you need it.
The whole experience can be frustrating, confusing and nerve-racking, and all you are trying to do is get better and return to work. When a surgical recommendation is on the table, it is important to know your rights. At Oxner + Permar, we care a great deal about our clients. We want you to feel informed, listened to and supported. Call us to discuss your options so we can help you determine what may be the best course of action considering the particular circumstances of your case. It’s what we do, day in and day out, because we believe in making wrongs, right.
What You Need To Know if Your Work Injuries Cover More Than One Part of Your Body
If you’ve been hurt on the job and sustained injuries to more than one part of your body, it’s possible that the insurance company is paying for treatment to one body part but neglecting the other. For example, maybe you injured your neck and shoulder at work, but the insurance company is covering only shoulder treatment. It is important that you seek treatment for other injuries so that you don’t open yourself up to further complications and risk being out of work even longer.
But if the insurance company refuses to pay, what do you do? There is help; you just need the right team to help ensure your rights are protected.
At Oxner + Permar, we will work to get the full treatment you need so that all of your injuries are covered. With our support, you’ll be able to return to work feeling confident and back to 100 percent.
With a team of 27 attorneys who have won more than $275 million in awards and settlements, Oxner + Permar knows how to go after the insurance companies and beat them at their own game. The only people who don’t receive the total benefits they deserve are those who don’t stand up and get a team like ours on your side. We make wrongs, right.
Is My Employer Allowed to Terminate Me Following a Workers’ Comp Claim?
Filing a workman’s comp claim takes courage, and I understand. Often, clients express concern that their employers might try to fire them. This is a natural worry for some employees. The good news is that typically, employers will not terminate an injured worker after he or she has been hurt on the job.
It is important to know, however, that based on North Carolina employment laws, filing a claim does not ultimately protect you from being fired—so it is true that there is a possibility you could lose your job. If an employer does terminate you, based on the filing of a workers’ compensation claim, there is a good chance that you have a viable retaliation claim against the employer. Make sure you have someone looking out for you and your rights—someone who thoroughly understands North Carolina workers’ compensation laws and how to make wrongs right if you’ve been injured on the job. Don’t feel intimidated into not filing the workman’s comp claim that you rightly deserve. With a team like Oxner + Permar, you’ll have years of experience and successful litigation on your side.
Throughout your employment, be sure to never give your employer a reason to let you go. Show up on time. Perform your job well. Address your supervisor in a professional manner. If you find that your employer does terminate you after you’ve filed a claim, remember: You don’t need to fight alone.
Take every precaution to prevent you employer from terminating you following your workers’ compensation claim—including hiring an attorney for support.
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.