Are you struggling to secure workers’ compensation benefits following a serious workplace injury in Lancaster? Has your employer denied your medical care or questioned your eligibility for workers’ compensation? It’s crucial to have an experienced Lancaster workplace injury attorney on your side to fight for your rights as an injured worker.
David Blackwell, a trusted Lancaster workplace injury lawyer, helps individuals in Lancaster, SC who have been hurt on the job and are facing challenges in obtaining workers’ compensation. He can assess your case, review your employment status, and determine whether you qualify for benefits. With extensive experience in handling workers’ compensation appeals, David Blackwell has successfully helped many injured workers obtain the full benefits they deserve. If your employer or their insurance provider is disputing your claim, it’s time to consult with a workplace injury lawyer who advocates for injured workers.
At David Blackwell Law, we are dedicated to representing those who are facing tough circumstances due to workplace injuries and workers’ compensation disputes. Our firm is proud to stand up for workers throughout Lancaster, Kershaw, Fort Mill, Indian Land, and other nearby communities in Lancaster County and York County, South Carolina.
Reach out today to schedule a free consultation and learn how David Blackwell Law can assist you with your workplace injury case.
We serve clients across South Carolina, including areas like Indian Land, Fort Mill, and Rock Hill.
Can I Sue My Employer for a Work-Related Injury?
Generally speaking, an injured worker is not permitted to file an injury lawsuit against his or her own employer after a workplace accident.
Workers’ compensation is a no-fault insurance system and provides benefits without the worker having to prove that the employer caused the workplace accident. The State of South Carolina requires all employers with four or more full-time or part-time employees to have workers’ compensation insurance to protect employees who are injured on the job. There are some exceptions including agricultural employees and railroads.
In exchange for providing workers’ compensation insurance, employers are shielded from injury lawsuits brought by workers.
You may have other options after a workplace accident. If you are injured at work as a result of a piece of unsafe machinery or due to unsafe conditions created by a company other than your own employer or your coworker, you may have a right to sue the other at-fault party for your injuries. These lawsuits are known as third-party claims.
A knowledgeable personal injury lawyer at David Blackwell Law can review the details of how your workplace injury occurred and discuss whether you have a legal right to file a third-party claim.
How Long Do I Have to Report a Workplace Injury?
If you are injured on the job or develop an illness related to your work, you should report the condition to your employer immediately and request medical treatment if needed. You have a maximum of 90 days to notify your employer of a workplace injury and two years to file a claim for benefits. But it is best to report the injury as soon as possible. Workers’ compensation claims have certain time limits. If you do not report the injury within 90 days, you may lose your right to collect workers’ compensation benefits.
If a worker is fatally injured in a workplace accident, the worker’s dependents or parents if there are no dependents have two years from the date of the death to claim workers’ compensation death benefits.
Some businesses may try to argue that an injured worker is an independent contractor to avoid paying workers’ compensation benefits. But it makes no difference how an employer classifies you. South Carolina law is clear regarding the rights of those who are injured on the job.