Frequently Asked Questions about South Carolina Workers’ Compensation
Do I need an attorney for a Workers’ Compensation claim?
How much does it cost for representation in a Workers’ Compensation case?
Who is covered by the law?
When is a claim reported to the Commission?
How do I report an on-the-job injury?
What about Medical Treatment?
Will I get compensated for missing time from work because of my injury?
How is the compensation rate determined?
What if the Doctor releases me to light duty?
Will I be compensated for pain and suffering?
Do I need an attorney for a Workers’ Compensation claim?
Although some cases do not require an attorney, it is important for an injured worker to discuss his rights with an attorney. Often injured workers are at a tremendous disadvantage because while they may only have only dealt with the system one time, the workers’ compensation insurance carrier and their employer routinely deals with claims. The company, nor the insurance carrier represent the injured worker. Top
How much does it cost for representation in a Workers’ Compensation case?
Attorney fees must be approved by the South Carolina Workers’ Compensation Commission. The Commission regulations provide that no lawyer’s fee exceed one-third of the amount recovered. Top
Who is covered by the law?
Employees of private industry and state and local government are covered. Full-time and Part-time employees and minors are covered. So are employees of charitable organizations. In general, any employer with four or more persons is required to have workers’ compensation Insurance. However, there are certain exceptions. Top
How do I report an on-the-job injury?
Report all injuries at work to your employer immediately and request medical treatment, if needed. Failure to give notice to your employer within 90 days after an accident may deprive you of your right to compensation...
You must file your claim for benefits within two years after the accident or benefits may no longer be available. In the event of accidental death, the workers’ dependents, or parents if there are no dependents, must file a claim within two years of the date of the death.
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When is a claim reported to the Commission?
Your employer or its insurance representative must report your claim to the Workers’ Compensation Commission if your medical treatment totals $2,500 or more, if the claim is denied by the employer or employer’s insurance representative, if you are out of work more than seven calendar days, if there is permanent impairment, or if you have a non-surgical scar or serious burn.
Minor claims are the direct responsibility of either the employer or insurance representative. Top
What about Medical Treatment?
You are entitled to all necessary medical treatment, which tends to lessen your period of disability, including surgical, hospitalization, medical supplies, prosthetic devices, and reimbursement for prescriptions. You must go to the doctor chosen by your employer or its insurance representative. Top
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. Other verifiable income may also be included. Top
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 for the first seven days.
Payments should be made directly to you and should continue until the Doctor releases you to return to work.
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What if the Doctor releases me to light duty?
You must accept light work if it’s offered. If you do not accept it, 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 dismissed 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.
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Will I be compensated for pain and suffering?
South Carolina workers’ compensation statutes do not provide for pain and suffering, only disability caused by your work-related injury.
Can I be fired for filing a workers’ compensation claim?
South Carolina statutes prohibit an employer from firing an employee because of filing a workers’ compensation claim. Top
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Toussaint Law Firm, PC
10131 Clemson Boulevard
Seneca, South Carolina 29678
Call toll free: (866) 859-3909
Phone Number: 864-888-1900
Fax Number: 864-888-0038
kstlaw@bellsouth.net |
