South Carolina Workers’ Compensation laws apply to employers with three more employees (with a few exceptions). These laws were created in order to provide monetary compensation for injured workers that have demonstrated a reduction in their earning capacity. The Workers’ Compensation Act also provides medical treatment to employees. An injured worker may be eligible to receive these benefits if they can show they suffered a compensable injury by accident or occupational disease in the course and scope of their employment.
The South Carolina Industrial Commission has sole jurisdiction in addressing any disputes concerning the benefits an injured worker may be entitled to receive under South Carolina Workers’ Compensation laws. However, there are certain notice requirements and forms that must be filed with the South Carolina Industrial Commission in order to assure an injured worker receives all the benefits they may be entitled to receive as the result of the injury at work.
An employer or their workers’ compensation insurance carrier may also take actions to prevent, terminate, or limit which benefits an injured worker receives as the result of their work injury.
It can be a complicated and confusing process to assure that an injured worker obtains all of the possible benefits they may be entitled to receive as the result of the injury at work. Unfortunately, the South Carolina Industrial Commission is not able to provide legal advice to injured workers.
Call Cardinal Law Partners with any questions about your workers’ compensation claim. We offer free consultations and all four of our attorneys are Board Certified in South Carolina Workers’ Compensation law.
Is My Employer Required To Have Workers’ Compensation Coverage?
Employers who have four or more regular employees are required to have workers’ compensation insurance.
How Long Do I Have To Report A Workplace Injury?
You should report your injury to your employer as soon as possible. If an injured worker does not report the injury within 90 days, they face the possibility of not receiving benefits. The statute of limitations to file a workers’ compensation claim is 2 years.
What Benefits Am I Entitled To After An Injury?
Generally, injured workers receive payment for lost wages, medical treatment and permanent impairment.
Medical treatment includes conservative care such as medication and physical therapy, surgery, medical supplies, and medical equipment. The insurance company selects the physician who provides medical treatment.
Lost wages during time that you are unable to work as a result of the injury are paid at 2/3 of the injured worker’s average weekly wage. If you had two jobs at the time of injury, lost wages can account for both jobs.
Permanent impairment for loss of use of a body part(s) is assigned by the treating doctor at the conclusion of the medical treatment.
Can I Get A Second Opinion?
Injured workers can request another opinion with their insurance adjuster or if the adjuster refuses, they can request a hearing to request that the Commission to order a second opinion. In many situations, second opinions are provided by the insurance carrier.
Do I Get Mileage For Traveling To Doctors That The Insurance Company Selects?
Yes. Injured workers receive mileage for round trips over ten miles.
What If My Workplace Injury Made A Pre-existing Condition Worse?
Workplace injuries that made pre-existing conditions worse are still compensable.
How Do I Request A Hearing?
A Form 50 can be filed to request a hearing at the South Carolina Workers’ Compensation Commission. Hearings are often requested when there is a dispute in benefits or the claim is denied.