South Carolina Workers' Compensation Laws

Many workers may be unsure of what their rights to workers' comp are under South Carolina state law. Even though the workers' compensation system was devised to make it easier for injured workers to receive payment for their medical bills and unpaid wages, the current system can be quite confusing and difficult for a worker unfamiliar with the laws to navigate on his or her own.

Below you will find some basic information on the workers' comp system in South Carolina. For specific guidance on how these laws apply to your specific work-related injury or illness, contact an experienced workers' comp attorney today.

What is Workers' Compensation?

The workers' compensation system enables workers who suffer an on-the-job injury or develop a work-related illness or disease to recover compensation from their employers. Injured workers are entitled to workers' comp benefits regardless of whether they or their employer ultimately is at-fault for the injury.

Prior to the adoption of the workers' compensation laws in 1935, workers had to prove their injuries were caused by the negligence of their employers in order to recover any compensation.

The types of recoverable compensation include reasonable medical expenses related to the injury and lost wages. If the worker becomes permanently or partially disabled or disfigured as a result of the injury, the worker may be entitled to additional benefits. Lastly, if a worker dies as a result of the injury or illness, then the worker's family may be entitled to death benefits.

Who is Entitled to Workers' Comp?

Under South Carolina law, all employers (with limited exceptions) are required to carry a workers' compensation insurance policy for their workers. Currently, the only workers who are not covered by the state's workers' comp laws include:

• Agricultural workers
• Federal employees
• Railroad and railway workers
• Certain real estate agents
• Elected corporate officials
• Businesses who have less than four employees

With the exception of these workers, all other South Carolina workers are entitled to file a claim for workers' comp benefits should they suffer a work-related injury or illness.

How Much Compensation Will I Receive?

The ultimate amount of workers' comp benefits any worker will receive depends on the scope of his or her injury and the worker's wages.

Unpaid Wages

The amount of compensation an injured worker receives for unpaid wages is based upon the worker's average weekly wage. The average weekly wage is computed by looking at the worker's wages for the past four quarters. If the worker has more than one job, the wages of all of his or her jobs may be used to compute the average weekly wage.

Currently, injured workers are compensated at a rate of 66 2/3 percent of their average weekly wages, subject to the state maximum weekly amount.

The maximum allowable weekly amount is based on the state average weekly wage, which is set each year by the South Carolina Employment Security Commission. The state average weekly wage, and thus the maximum amount any injured worker can receive each week, is $689.71 for 2010.

Medical Expenses

Injured workers also are entitled to reimbursement of reasonable medical expenses incurred as a result of their injury or illness. This includes physician and hospital fees, surgery expenses, prescription medications, medical devices (like prosthetics), follow-up appointments and other health care costs. Injured workers who must travel 10 or more miles from their homes to their health care providers also may recover up to 50 cents per mile for travel expenses.

What Should I Do after an Injury?

It is vital that a worker who suffers a work-place injury notify his or her employer as soon as possible after the injury in order to secure the right to receive workers' comp benefits. State law provides workers a maximum of 90 days to notify their employers without jeopardizing their rights, but workers should notify their employers sooner than this whenever possible.

Under South Carolina law, employers and their workers' comp insurers have the right to choose which doctor an injured worker sees for evaluation and treatment of his or her injury. This also means that the worker will not receive workers' comp benefits if he or she decides to see his or her own physician instead.

If a worker wants a second opinion or wishes to see a specific doctor, this must be approved by the employer's insurance carrier. If the insurance company denies the request, then the worker can appeal the decision to the South Carolina Workers' Compensation Commission.

Injured workers have up to two years from the date of their injuries to file a claim for workers' comp benefits.

How Long Before I Receive Benefits?

Under state law, there is a seven day waiting period before an employer is required to begin paying workers' compensation. Thus, workers are not eligible to receive workers' comp benefits until they have been out-of-work for a minimum of seven days.

If the worker misses more than 14 work days due to the injury or illness, then the worker is entitled to receive compensation dating back to the first day of the injury.

How Can an Attorney Help?

If your employer has denied your request for benefits or provided you with fewer benefits than you believe you are entitled, an attorney may be able to help. Under state law, you have the right to file a claim against your employer with the Workers' Compensation Commission. Once you have filed a claim, you will have a hearing with one of the state's commissioners within 60 days.

Some of the reasons a worker may have to file a claim include:

• The employer refuses to notify its insurance carrier of the worker's injury
• The employer refuses to pay benefits for the worker's injury
• The worker disputes the amount of benefits awarded
• The worker disputes the decision to decrease or terminate benefits

An attorney knowledgeable in the state's workers' comp laws can represent you at this hearing and help you present your case in the most favorable light to the commissioner. If the commissioner denies your request, then there are other appeals the workers' comp attorney can pursue on your behalf.

For more information, contact an experienced workers' compensation lawyer today.