Are you having difficulty obtaining workers’ compensation benefits after a serious accident on the job? Has your employer denied your request to pay for your medical care after a workplace injury or questioned your right to receive workers’ compensation? You need the guidance of a committed and experienced workplace injury attorney who fights for injured workers.
Workplace injury attorney David Blackwell represents residents in Indian Land, Lancaster, and throughout South Carolina who have been injured on the job and denied workers’ compensation. He can review your employment status and determine whether you should qualify for workers’ compensation benefits. He has successfully handled numerous workers’ compensation appeals and helped injured workers seek full benefits. If your employer or your company’s insurance administrator is disputing your right to receive workers’ compensation benefits after an on-the-job injury, talk with a workers’ compensation injury attorney who stands up for injured workers.
David Blackwell Law is proud to represent hard-working people who are trying to cope with difficult circumstances such as workers’ compensation disputes after serious workplace injuries.
Our law firm represents injured workers in Kershaw, Fort Mill, Indian Land, Lancaster and the surrounding communities of Lancaster County and York County, South Carolina. We take pride in the personal attention we provide each client who we represent.
Schedule a free consultation to find out how David Blackwell Law may assist you.
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.