What you do after a workplace injury can mean the difference between maximum workers’ compensation and no compensation at all. Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains what to do after a workplace injury.
What Should You Do in the First 24 Hours After a Workplace Injury in SC?
In the first 24 hours after a workplace injury in SC, you should:
- Report the injury. Tell your employer that you were hurt.
- Seek emergency care. If emergency care is necessary, get care right away. This could mean calling for an ambulance or going to the emergency room.
- Follow-up on medical care. For non-emergencies, seek medical care at the facility directed by your employer. They may have a certain provider or a network.
- Tell the doctor. Tell the doctor that your injuries are work-related. This allows them to properly document your care.
- Keep records. As you receive care, keep the paperwork that they give you.
- Follow up. Make sure that your employer has been notified in writing of the injury. Tell a supervisor or human resources directly, even if you think they already know.
- Follow restrictions. If your care provider gives you medical restrictions, follow them.
- Document temporary disability. If you can’t work, get a written statement from the doctor. Provide this note to your employer, and keep a copy for your records.
- Document the scene. If you can, document the accident scene. Take photos, inspect equipment, and gather witness contact information. Your injuries may prevent you from doing this, but a coworker might be able to help.
Always prioritize your medical care in an emergency.
When Do You Report a Workplace Injury to Your Employer in South Carolina?
Report a workplace injury to your employer in South Carolina as soon as possible, but within 90 days of the injury. If you don’t report the injury within 90 days, you may forfeit your right to benefits. Always report as soon as possible to minimize the employer’s grounds to argue that your injuries aren’t work-related.
How do you report a workplace injury to your employer in South Carolina?
Legally, you’re not required to report a workplace injury in writing in South Carolina. But you should create a record that you made the report. Email is fine, or even a text, to your supervisor. If your employer doesn’t acknowledge receipt of your report, follow up to request confirmation.
Some employers will create an incident report right away and give you a copy. This is a valuable record. Smaller employers may not have injury report forms or a standard process for receiving reports. Keep a copy of your timely report of injury.
What Should You Not Say to Your Employer After a Workplace Injury in Greenville?
When you’re hurt on the job in Greenville, SC, don’t say:
- “Sorry.” Don’t admit that an accident or incident was your fault. Even though workers’ compensation is no-fault, saying you did something wrong can give the insurance company leverage to downplay your claims.
- “Everything was normal.” There must be a specific incident or accident that caused the injury. Repetitive trauma can qualify.
- “I’m fine.” Injuries may be worse than you realize. Just stick to the facts of when and where the incident occurred.
- “I’ll be back right away.” Don’t speculate about your condition. Your doctor will give you restrictions and a timeframe for your return to work.
- “I intentionally caused harm.” These are disqualifiers for compensation.
Be honest with your care provider about pre-existing conditions. Don’t overstate them, but don’t downplay them, either. When you talk to the doctor about what happened, be factual and concise.
Do You Have the Right to Choose Your Own Doctor After a Workplace Injury in SC?
No. You must go to the medical care provider chosen by the employer. If the treating physician won’t authorize the care you need, you can request a second opinion. In addition, the insurer may allow you to change medical providers. You can also ask for a commissioner hearing regarding your medical benefits.
It may be possible to negotiate a cash settlement instead of additional medical benefits. In that case, you would obtain any additional medical care that you need on your own from providers that you choose. If you’re unhappy with your medical care, this might be the best option. An attorney can help you negotiate your settlement.
What Will Your Employer and Their Insurer Do After You Report a Workplace Injury in SC?
When you report a workplace injury in SC, your employer should:
- Guide you to medical care. Direct you to appropriate medical care.
- Acknowledge your report. They may complete an internal incident report and provide you with a copy.
- Report to insurance. The employer must report the injury if it requires $500 or more in medical care, causes more than one missed workday, or results in permanent disability.
- Report to OSHA. The employer must report very severe injuries to OSHA.
- File required forms. File Form 12-A (First Report of Injury) within 10 days, or File 12-M for medical-only injuries. They will have additional forms to file later.
The employer’s insurance carrier should handle compensation. Temporary benefits begin after the worker misses seven calendar days of work. The injured worker continues to receive medical care.
What Mistakes After a Workplace Injury Could Cost You Your Workers’ Comp Claim in SC?
When you have a workplace injury, don’t make these mistakes!
Waiting to report the injury
Don’t just try to shake it off. If your symptoms get worse later, you’ll be glad that you made a timely report.
Rushing back to work
If the doctor says to take time off work, take it. Going back to work too soon can make the insurance company question your injuries.
Failing to file
Don’t wait to file Form 50 to protect your right to benefits. An attorney can help.
Waiting to involve an attorney
The sooner you involve a lawyer, the sooner you have help with all aspects of your case.
Why Consulting a Greenville Workers’ Comp Attorney Early Protects Your Rights From Day One
Mistakes early on in the workers’ compensation process can minimize your benefits and cause frustrating delays. An experienced attorney knows what steps to take to maximize your compensation.
Talk to a Lawyer
Robert “Bobby” Jones of Bobby Jones Law is a workers’ compensation lawyer in Greenville, SC. If you need to know what to do after a workplace injury, contact us now.
