If you’ve suffered a workplace injury or illness, you may be entitled to weekly compensation for the time you’re out of work, and to help make ends meet and pay for required medical treatment. When you’re searching for Workers’ Compensation lawyers in South Carolina, you deserve legal representation dedicated to fighting for your individual rights. To request your FREE Workers’ Compensation consultation, simply fill out the form or read on for more information on Workers’ Compensation and what South Carolina Workers’ Compensation laws mean for you.
Bluestein Attorneys represents injured workers and their families across South Carolina. In addition to our experience in the area of Workers’ Compensation, we advocate for injured workers on matters involving changes in Workers’ Compensation laws and regulations. While Workers’ Compensation laws apply to a vast majority of workplaces, many employees know little about how Workers’ Compensation works, why we have Workers’ Compensation laws, and what to do if they are injured or become ill on the job. South Carolina has a workplace injury rate of 2.5 nonfatal injuries or illnesses per 100 workers. While this puts us below the national average, it still means there are many injured workers in South Carolina who may need legal representation to ensure a fair outcome for their Workers’ Compensation case. We are dedicated to fighting for the rights of those who fall victim to on-the-job injury or illness, and the first step is giving you the information you need to make an informed decision about your Workmans’ Compensation lawyer.
In short, Workers’ Compensation is defined by the law as a program that compensates employees for the economic consequences of work-related injury illness, and disease without regard to fault. The South Carolina Industrial Commission, created in 1935, was the first governing body created to administer and enforce Workers’ Compensation law in South Carolina. In 1986, the commission’s name was changed to clarify its duties and became the South Carolina Workers’ Compensation Commission. The law has evolved as the century progressed and we entered a new millennium, adapting to changes in our workplace environments, machinery, and technology. The law itself has been altered through policy and procedure, case law, and statutes and amendments. Nevertheless, the purpose of Workers’ Compensation has remained the same — to help employees who have become injured or ill as a result of their jobs to have economic recourse during recovery.
Before 1935, compensation for an on-the-job injury or illness was only possible by utilizing the traditional civil court system, which required injured workers to prove their employer’s negligence was the cause of their illness or injury. Courtrooms became bogged down by slow-moving cases that were often difficult or impossible to conclusively prove. In the meantime, injured workers struggled to make ends meet while attempting to prove employer negligence despite their employer having all relevant evidence, and employers were unable to predict or plan in a legal system in which inconsistent rulings created massive uncertainty. The creation of the South Carolina Industrial Commission (which is now known as the South Carolina Workers’ Compensation Commission) in 1935, leveled out the chaos and created an administrative agency designed specifically to handle Workers’ Compensation cases in South Carolina.
South Carolina employers are legally mandated to maintain a level of insurance sufficient to cover Workers’ Compensation benefits.
Workers’ Compensation covers many, although not all, job-realted injuries or illnesses that may happen in the workplace. The most common workplace injuries covered by Workers’ Compensation are overexertion injuries (think of a manufacturing employee injuring their back due to heavy lifting), but there are many other types of occupational injuries, too.
While this is a short list of the top ten most common injuries that lead to Workers’ Compensation claims, that are many other types of illness or injury covered under Workers’ Compensation laws, too, including things like illnesses or injuries caused by occupational exposure to harmful chemicals, traumatic brain injuries, occupational hearing loss, and more.
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Report all injuries at work to your employer immediately and request medical treatment, if needed. If you neglect to report the injury within 90 days of the accident, you may lose your rights to workers’ compensation benefits.
Although you must report the injury within 90 days, you have up to two years to file a claim for benefits. If a worker dies because of work-related injuries, the worker’s dependents, or parents if there are no dependents, must file a claim within two years of the death to claim benefits.
What medical treatment am I entitled to receive?You are entitled to all necessary medical treatment that is related to your work injury and is likely to lessen your disability. Workers’ compensation insurance companies generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. Keep in mind that in order to receive these benefits you must go to the doctor chosen by your employer or its insurance representative.
Can I see my regular physician if I’m injured on the job and still receive Workers’ Compensation?In short, probably not. Workers’ Compensation laws require the employer to pay for 100% of medical expenses related to the injury, but the law also allows the employer to choose which doctor provides the treatment. It’s possible that your employer will allow you to use your own physician, but it doesn’t happen often.
How is the compensation rate determined?You are entitled to compensation at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Employment Security Commission. If you were working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.
Will I get compensated for missing time from work because of my injury?There is a seven-day waiting period before benefits can be paid. If you are out of work for more than seven days, payments will come from your employer’s insurance representative. If you are out of work for more than 14 days, you will receive compensation even for the first seven days.
You can expect payments to be made directly to you and these should continue until the doctor releases you to return to work.
Does Workers’ Compensation reimburse for travel expenses?For many serious workplace injuries, medical treatment will include some level of physical therapy or specialized care, which may require regular travel and fuel costs. Workers’ Compensation will cover travel expenses for medical care related to your workplace illness or injury. SC Workers’ Compensation laws require the employer to reimburse an injured employee at the IRS mileage reimbursement rate for all travel to medical appointments more than 10 miles round trip. You can see the most recent mileage rate charts here on the South Carolina Workers’ Compensation Commission website.
Can I still receive Workers’ Compensation if the injury was my fault?Workers’ Compensation is designed to provide benefits to injured employees without a specific need to prove who was at fault for the accident or injury. While situations such as self-inflicted injuries or injuries that occur as a result of an employee’s intoxication will not be covered, most employees will not need to provide proof that they were not at fault when filing for Workers’ Compensation.
Will I return to the same job I held previously after I recover from my workplace injury?Not necessarily. South Carolina is an employment at will state. This means that, absent a collective bargaining agreement or contract, employment can be terminated at any time without reason, explanation, or warning as long as that reason is not against public policy and/or illegal. The FMLA, or Family Medical Leave Act, provides some limited protections for many South Carolina employees, but not all employees in the state of South Carolina are covered by the FMLA. You can learn more about FMLA eligibility and what is covered by it here.
If you are cleared to return to full work duties, or limited work, by a physician after your recovery, but find that the work is not provided by your employer, you may be entitled to additional temporary disability benefits. These situations are very dependent on specific facts in each unique case, and consultation with a Workers’ Compensation attorney is recommended to determine your best option moving forward.
What if the doctor releases me to light duty?You must accept light work if it is offered. If you do not accept the light duty offered to you, all compensation may cease as long as you refuse to return to work. You have a right to a hearing if you believe that you are not able to do the work assigned to you.
If you return to light work before you are fully discharged by the doctor at a wage less than you were earning at the time of your original injury, you are entitled to weekly compensation at the rate of the sixty-six and two-thirds (66 2/3%) percent of the difference between your average weekly wage and your new wage.
Medicare provides health insurance for millions of people within the United States, and is currently the top healthcare coverage provider for individuals 65 and older.
With an aging workforce in which early retirement (defined as retirement prior to the official Social Security ‘retirement age’ of 66 years and 2 months, or 67 for those born after after 1959) is not as common as it once was, individuals are increasingly beginning to navigate the intersections between filing for Workers’ Compensation and relying on Medicare for healthcare coverage.
Workers’ Compensation and Medicare interact in a couple of different ways. Individuals who suffer a severe work injury that results in the injured employee being unable to return to work may end up applying for Social Security Disability. As a result, this creates a “reasonable expectation” that the claimant will be entitled to Medicare.
There is often a waiting period between applying for Social Security Disability and receiving an approval or denial of the Social Security Disability claim. In this intervening time, the injured employee must still seek medical care in order to recover from their injury. Sometimes, the Workers’ Compensation insurance carrier may offer to pay a sum of money to the claimant for the individual’s future medical treatment. This situation is complex and often involves the creation of a separate trust account dedicated to paying for medical treatment that may be covered retroactively by Medicare.
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The most important thing you can do if you become injured or very ill while on the job is to immediately report the accident, injury, or illness to your supervisor or employer.
Any hesitation or delay in reporting on-the-job injuries could jeopardize the injured worker’s ability to receive Workers’ Compensation benefits.
Injuries must be reported within 90 days of the time the injured worker knew, or should have known, of the injury. Failure to report within this time period may bar employees from bringing a claim under of the Workers’ Compensation Act.
Every eligible workplace should keep the required forms to fill out in the event of a workplace injury, so be sure to fill out the proper documentation. Do not rely on your employer to keep accurate records of your injury and resulting medical needs. Always have copies made to keep at home for your own records.
In the case of a workplace injury where the employer or supervisor refuses to acknowledge the injury, injured workers should speak with Human Resources or seek acknowledgement from someone higher up within the business or organization.
Don’t wait, and don’t trust that everything will be written down accurately by supervisors, Human Resources, or anyone else. Take notes whenever possible and ask for copies of any documentation.
If the employee is unable to receive acknowledgement from anyone within the workplace, speak with legal representation as soon as possible about the problem, document the injury and your attempts to receive acknowledgement.
Formal claims for compensation under the Workers’ Compensation Act must be made within two years after the accident or date of death. Failure to comply with timeliness statutes could negate any possible compensation or award.
In some cases, employers will be actively involved in helping their employees to navigate the medical treatment process using Workers’ Compensation, or they may choose to settle a Workers’ Compensation claim in mediation, and you may not need to go to court to prove your claim.
If a hearing request is filed by an injured worker seeking Workers’ Compensation, the hearing will likely be scheduled within 3-4 months before a Workers’ Compensation Commissioner.
The decision made by the Workers’ Compensation Commissioner may be appealed by either party for review within 14 days. Appeals are heard by a panel of three different WC Commissioners at the Workers’ Compensation Commission’s offices in Columbia, within 4-6 months.
Any further appeals go to the South Carolina Court of Appeals. The eventual decision by the Court of Appeals can only be appealed to the Supreme Court of South Carolina, the highest appellate court within the state.
Even if an initial decision is favorable, what seems at first like a relatively minor injury at first could turn out to be far more severe than initially assumed. In that case, a change of condition review may be initiated by any party within one year of the receipt of final compensation.
Learn more about requesting a change of condition review on our blog by clicking the banner below.
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