Your workplace is supposed to be safe for you and free from hazards. The Occupational Safety and Health Administration has set many requirements for workplace safety and it is your employer’s job to follow them. Unfortunately, despite worker protection laws, accidents still happen on the job every day.
When a work accident happens, you may be entitled to receive benefits through workers’ compensation. This is true regardless of whether your employer followed OSHA rules or was careful or careless in preventing injury. Provided you can trace your health problems back to your job duties, you should be able to make a workers’ comp claim.
Howell & Christmas represents clients throughout Savannah as they navigate the workers’ compensation system. Whether you are sick because of toxic exposure, injured from doing your work or grieving over a loved one who died on-the-job, you have legal rights. We are here to try to help you protect those rights and get the money you need after your injury.
Victims Have Rights
South Carolina law mandates all employers purchase workers’ compensation insurance. This insurance should cover employees who:
- Are hurt in an accident while doing work tasks, regardless of whether the worker is at the normal place-of-business or not
- Suffer damage to their bodies, such as carpal tunnel or a herniated disc, as a result of a repetitive motion or overexertion injury at work
- Become sick due to exposure to lead, asbestos, mold or any type of toxin or chemical while doing work
All a worker should have to do after experiencing a workplace injury in Savannah is to notify their employer of the fact that their job has harmed their health. Unfortunately, many legitimate work injury claims are not approved even when they should be. This is why it becomes very important to have a lawyer to assist you in dealing with your request for workers’ compensation benefits.
How a Lawyer Can Help
Because workers’ compensation laws are very protective of workers, you have plenty of options to appeal if your initial work injury claim is denied. You can also challenge your employer and insurer if you believe you are being forced to return to work before you are ready, or if you are being denied any of the benefits available to injured employees.
The benefits that you may receive if your claim is approved include payment of 100 percent of medical costs, as well as payment of full or partial disability benefits on a temporary or ongoing basis. Unfortunately, unlike with a personal injury claim or a wrongful death case, you may not obtain compensation for things like pain and suffering. You are not allowed to sue your employer, so the only way to recover compensation for things that are not part of workers’ comp benefits is if a non-employer third party were to blame for the crash. For example, project managers may be responsible for problems on construction sites that lead to injury.
Determining an optimal approach can be confusing, but you don’t have to go it alone. As soon as you suffer a work injury in Savannah or surrounding areas, call Howell & Christmas right away. Call now for a FREE consultation.