Workers’ Compensation

South Carolina Workers’ Compensation Lawyers

Workers’ Compensation Law in South Carolina originated in 1935 to protect injured workers and their families. Before this system was put in place, a worker who injured himself on the job would have to prove negligence on the part of the employer. Not only was this an uncertain process, it often took too long and left the injured worker without income. The Workers’ Compensation System, however, no longer uses fault as a basis for an award.

If someone is injured on the job, he or she is entitled to benefits, regardless of fault. All employers in South Carolina are required to provide workers’ compensation coverage if they have four or more employees. There are several exceptions and exemptions from this requirement, but by and large, workers’ compensation insurance coverage is mandatory.

In order to qualify, an injury must generally be accidental, and it must arise out of and in the course of the employment. In other words, an accidental injury is covered under workers’ compensation if: it occurs within the period of employment; and the employee is where he or she should reasonably be. The employee must give notice of the accident immediately to the supervisor. In fact, it is required by law that the accident must be reported within 90 days. Also, if a claim is to be filed, it must be filed within two years of the accident.  If a workers’ comp claim is not filed within that time period, it may be banned.

When it is determined an employee has been injured on the job, he/she is primarily entitled to three things:

1) Payment of two-thirds of average weekly wages. There is a seven day waiting period, but if the employee is out under doctor’s orders for over two weeks, temporary benefits through workers’ compensation are paid back to the first day work was missed.

2) Payment of medical expenses. However, since the workers’ compensation insurance carrier has to pay for the medical care, the carrier has the right to authorize who provides the care. If the injured worker wishes to see his own doctor, the carrier will not necessarily have to pay for this treatment.

3) Compensation for the extent of the disability, if the employee is left with a permanent disability. This award is based on several factors, including the part of the body injured and the average amount of money the employee was earning on a weekly basis before the injury.

Every South Carolina workers’ comp claim is different.  If you have questions about your legal rights, it is imperative that you contact the workers’ compensation lawyers at Harris & Graves.