Workers Compensation in South Carolina

You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by South Carolina state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of South Carolina workers’ compensation insurance and how the process works.

Workers Compensation Statistics in South Carolina?

Overexertion, slips and falls, and being struck by a heavy object are all common workplace injuries in South Carolina. Work related illnesses such as carpal tunnel syndrome is also common. However, The South Carolina Legislature has stated that in order to receive benefits for problems stemming from stress or overexertion, you must prove direct causality. Medical conditions such as heart attacks, embolisms, or strokes can be denied. Especially if they are deemed to be incidental to normal employer/employee interactions.

How Does Workers Comp Work in South Carolina?

There is a standard practice to follow when going through the South Carolina workers’ compensation process. Unfortunately, it begins when you suffer an injury or get sick on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss. 

South Carolina businesses with 4 or more employees are required to carry workers’ compensation insurance. This includes both full-time and part-time employees. According to The South Carolina Bar, if you have been injured or contracted an illness in the course of your occupation, you are entitled to medical benefits. In addition to compensation for lost time, and permanent disability payments if you have suffered a permanent injury. In order to receive benefits for mental health in South Carolina, you must prove that the stress or mental health injury is extraordinary. Not a direct result of your work conditions.

The steps you take immediately following a workplace incident in South Carolina are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a South Carolina healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.

Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.

When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how South Carolina workers comp works.

The South Carolina Workers’ Compensation Commission states that even though an injury must be reported within 90 days of the incident, you have a maximum of 2 years to file a claim. If someone has died because of a work-related injury or illness, the dependents must file a claim within 2 years of the incident. When and if you have been injured you should seek immediate medical attention and alert your employer. If any dispute arises, it’s always best to try and settle it before filing a petition. If it can’t be settled, you can contact an attorney to help you file.

The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report  with the report of injury.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. 

There is a limit of 500 weeks for total disability benefits in South Carolina. You can receive nearly 67 % of your average weekly wage. This is typically based on the four quarters of employment before you were injured. But you cannot receive more than the average weekly wage for South Carolina. The maximum weekly compensation rate is $903.40.

Why You Should Hire a Workers’ Compensation Lawyer

In learning how South Carolina workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire a South Carolina workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer in South Carolina

Your health and wellbeing need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation. Since the workers’ compensation claims process may be tricky, you should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across South Carolina state lines. They can guide you while you continue to learn how workers comp works.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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