South Carolina Workers’ Compensation Law
If you have gotten hurt on the job and are stressed about workers' compensation you will not have to worry anymore. The great state of South Carolina has a law that requires businesses with 4 or more employees to purchase workers' compensation insurance. This policy covers the cost of the medical treatment you receive and the lost wages for the time you are out. At Lee Law Offices we specialize in Workers' Compensation.
How to File a Workers’ Compensation Claim in South Carolina
Filing the claim isn’t anything to worry about. The most essential part is reporting your injuries promptly. You are required to let your employer know about your injuries within 90 days.
There are some exceptions to the 90-day rule though.
If the employer knew of the accident already.
If you were physically or mentally incapable of reporting your injuries.
If you were the victim of fraud or deceit of a third party.
Obstacles to Filing a Workers’ Compensation Claim in South Carolina
Don’t think that this journey will be smooth though. There are a couple of obstacles that can hurt you in getting your compensation, such as:
Your employer denying your claim
Your employer not being in good standing with the program
Your employer’s premiums may rise from their insurance having to pay out claims, so they might have an incentive to try and deny your claims.
Your injury did not occur on the job.
Your injury resulted from drug or alcohol intoxication.
Your injury resulted from reckless behavior.
This is where a workers comp lawyer can come into play and help you dispute your employer's denial claims with good evidence.
Sometimes your Employer will also not be in good standing with the insurance company which can hurt your claims as well.
We here at Lee Law Offices can help you with both of these obstacles that you may be facing and can get you the worker's compensation that you deserve.
How is Workers’ Comp Calculated in South Carolina?
A formula in a worker's compensation case is like a table that assigns values to body parts. virtually every body part imaginable is giving a maximum value in terms of the number of weeks. For example, the pinky finger is valued at 20 weeks of benefits. The back is valued at 300 weeks, but the value can be increased to 500 weeks in some cases.
Work Injuries Covered Under South Carolina Workers' Compensation
Common workplace injuries or occupational illnesses that are covered by South Carolina workman's compensation can include the following:
Back and neck injuries, Abrasions and burns, Amputations of arms or legs, Heart attack or strokes on the job, Diseases caused by inhalation of chemicals or other toxins, Bone fractures, Carpal Tunnel Syndrome, Hernia, Torn Rotator Cuff, Torn Meniscus, Bulging disc, Stroke, Concussion, Asbestosis exposure, Post Traumatic Stress Disorder (PTSD), Chronic Obstructive Pulmonary Disease, General Anxiety Disorder.
These are all covered unless it was done intentionally or if the workers weren’t following specific safety procedures.
If you were denied these benefits and you were injured at work, please give us a call here at Lee Law Offices.
South Carolina Workers' Compensation Benefits
The compensation benefits here in South Carolina include:
Medical Benefits - Paid medical care is provided to South Carolina workers who suffer an injury at work. Medical care can include all necessary and reasonable medical care to treat the work injury or occupational illness including doctor's visits, hospitalizations, laboratory services, medical supplies, and prescribed medications.
Temporary Total Disability Benefits (TTD) - Temporary total disability benefits (TTD) are provided to South Carolina employees who sustain an injury at work and are temporarily unable to return to their job. TTD benefits are not paid until the South Carolina employee has missed more than 7 days of employment.
Permanent Partial Disability Benefits (PPD) - Permanent partial disability benefits (PPD) are paid to South Carolina workers who sustain an injury at work, and can return to some type of work but who have partial and permanent disabilities.
Temporary Partial Disability Benefits (TPD) - Temporary partial disability benefits (TPD) are paid to South Carolina workers who have been injured but who can return to light duty work.
Permanent Total Disability Benefits (PTD) - Permanent total disability benefits (PTD) are paid to South Carolina workers who sustain a work injury and are totally and permanently disabled and unable to return to any type of work.
Death Benefits - Death benefits are paid to the surviving dependents or the spouse of the deceased worker. Death benefits can include lost wage compensation payments and burial expenses up to a maximum allowable amount under South Carolina state law.
Vocational Rehabilitation Benefits - Vocational rehabilitation allows the injured worker the opportunity to rebuild their work skills as they recover from their workplace injury and hopefully return to their previous job. Workers who are unable to return to their previous work due to physical or mental limitations may receive additional vocational services such as retraining or job modification.
Am I Eligible For Workers’ Compensation Benefits?
If you are a Full-Time or Part-Time worker in South Carolina, including Adults and Minors. You will most likely get the worker's compensation benefits. The real deciding factor is if you are an independent contractor or an actual employee. If you are not sure which one you are, you can contact a workers comp lawyer here at our offices.
Workers’ Comp Settlements In South Carolina
There are 2 different types of workers comp settlements in South Carolina. An agreement and final release or a form 16A settlement.
An agreement and final release is a full release of liability for the employer and the insurance carrier. It could be paid out as a lump sum or a structured settlement., which means a monthly payment.
The Form 16A settlement is for a worker who is permanently disabled. This is different than the first settlement in that you can request additional compensation once your settlement is over.
How Much Is My South Carolina Workers’ Comp Claim Worth?
There is a basic formula for calculating how much you should be receiving in workers' compensation. Each injured body part is worth a certain number of “weeks.” “Weeks” is essentially the number of weeks of compensation that the worker should receive. If you look up the workers’ Compensation Act, Section 42-9-30 of the South Carolina code lays out each body part and how many weeks they are worth. Then you will need to multiply the weeks and the compensation rate of the worker.
Workers’ Compensation Statute Of Limitations In South Carolina
Workers must file a worker's compensation claim within 2 years to the WCC. The Employee is also responsible for notifying their Employer of the injury within 90 days. If the worker doesn’t do either of these, it means they will have to forfeit their right to a workers comp claim.
South Carolina Workers’ Comp FAQs:
What Should I Do After Suffering an Injury?
The first thing to do would be to report the injury to your employer. Then ask your employer who their recommended medical professional is and get treatment.
What Qualifies as a Worker’s Comp Injury?
According to the Workers Compensation act of South Carolina, If an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent injury as a result of the accident at work.
What Workers Compensation Benefits Am I Entitled to Receive?
Workers in South Carolina are entitled to 3 main benefits
Medical Treatment
payment for time missed due to injury
compensation for any permanent disability
What are Some Common Workers’ Comp Claims Mistakes?
Not Reporting their injury timely
Not reporting all injured body parts
Lying about previous injuries
Missing work without a doctor's excuse
Trying to settle their claim on their own
My Claim Was Denied, What Can I Do?
You can appeal the decision through the court system. You must file a lawsuit within 30 days of receiving notice of the decision from the full commission. The suit must be filed with the South Carolina Court of Appeals
How Does the Appeals Process Work?
The S.C. Workers’ Compensation Commission administers the workers’ comp system and hears appeals of workers’ comp denials. The goal of the initial meeting is to try to resolve the dispute about your claim without going through a hearing, which is a judicial process.
If an agreement cannot be reached at the informal conference, a hearing can be scheduled before a workers’ compensation commissioner. The appeal is heard initially by one commissioner. If the commissioner rules against you, you can request that a three-member panel of commissioners review the decision. If you are dissatisfied with the ruling of the three-member panel, you can appeal to the full Workers Compensation Commission and then to the S.C. Court of Appeals.
Why Hire A Workers’ Compensation Attorney?
It isn’t all that easy to get a ton of money just because you got hurt on the job. There are a lot of formulas and other technical jargon being used. So if you have been seriously injured on the job, you will want to have someone there for you to help you every step of the way. That is what a workers comp lawyer is, and at Lee Law, you have someone there to help you just like a best friend.
Who needs workers’ comp insurance in South Carolina?
In South Carolina, businesses with four or more employees are required to have workers’ compensation insurance. That includes full-time employees, part-time employees, and family members who work for the business (unpaid or paid). This is true for nonprofit organizations as well.
What are the penalties for not having workers’ comp insurance in South Carolina?
The state could take the business assets to cover the cost of a claim if they don’t have any worker's compensation insurance
What Benefits Are Available For Sc Injured Workers In South Carolina?
When you are injured on the job, you are entitled to coverage of all necessary medical treatment. Workers’ compensation covers the costs of surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. You are required to receive medical treatment from a doctor selected by the employer or the insurance administrator.
If you sustain severe injuries on the job you may have to miss weeks or months of work or be unable to return to work. An injured worker may qualify for temporary compensation to recover part of their lost wages and receive permanent disability benefits if they sustained permanent injury. The wage replacement benefit is calculated at two-thirds of a worker’s average weekly wage for the four quarters before a person’s injury and is capped at a maximum benefit. If a person was working two or more jobs at the time of an accident, those multiple sets of wages can be included as part of the average weekly wage and compensation rate.
How Soon Can you settle your claim?
You can file a claim at any time after your injury up to the statute of limitations. You may want to wait though if you're still going through medical treatment. Unless there is an option for future treatment then getting your settlement sooner is wise so you can cover the costs of treatment