How to File for Workers’ Compensation in South Carolina

WHAT IS WORKERS’ COMPENSATION?

Workers’ compensation (also known as workman’s comp or workers’ comp) is a form of insurance that provides financial benefits to an injured worker. It is designed to cover an employee’s medical bills and lost wages in the event of a work-related injury or illness.

Every employer with four or more employees must carry workers’ compensation insurance to provide financial assistance to injured workers to ensure that their medical costs are covered and that they can continue earning an income despite their injury. In South Carolina, workers’ compensation claims are administered by the South Carolina Workers’ Compensation Commission.

WHO IS ELIGIBLE FOR WORKERS’ COMPENSATION?

In South Carolina, employees who suffer an injury or illness arising out of and in the course of employment may be eligible to file for workers’ compensation. The injured worker must have sustained an injury or illness while on the job or while performing duties concerning their regular job activities for them to be eligible for compensation.

Certain workers may be excluded from workers’ comp coverage. Independent contractors, subcontractors, casual employees, businesses with less than four employees or with an annual payroll under $3,000.00, agricultural and railroad workers, federal employees, and those working for a state or county fair association are not typically covered by workers’ compensation.

HOW DO YOU FILE A CLAIM FOR A WORK INJURY IN SOUTH CAROLINA?

The process to file a workers’ compensation claim in South Carolina begins by notifying your employer of your injury as soon as possible. Reporting your workplace injury as soon as possible is the first step you need to take if you are hurt on the job. If you fail to report your injury within 90 days, there is a possibility that your claim could be denied. In some cases, you may learn that your claim is being denied simply because you failed to report your injury right away. It is always best to report your injury in writing and keep a copy of all relevant forms for your records.

Following that, the next step is to file a claim with your employer’s insurance carrier. Then, your employer will have to file a claim with the South Carolina Workers’ Compensation Commission (SCWCC).

Injured workers have a two-year deadline to file their claim with SCWCC, but it is rarely a sensible idea to wait for that long. The longer you wait, the harder it may be to collect the evidence needed to show that your injury was indeed a result of your employment activities and not a result of a separate event. Once your claim is submitted, the insurance company will make a decision and either approve or deny your claim. If your claim is approved, you may start receiving weekly checks for as long as the workers’ comp doctor has written you out of work.

WHAT IS INCLUDED IN WORKERS’ COMP COVERAGE?

When a work-related injury occurs, the injured worker may be eligible for a variety of benefits through South Carolina’s workers’ compensation system. Benefits available through the program may include medical expenses, temporary disability payments and, in some cases, permanent disability payments. Medical expenses are generally covered for all reasonable and necessary treatments, including hospital stays, medications, and physical therapy. It is important to know that you are required to see the doctor or healthcare facility appointed by your employer in order to receive coverage for medical bills.

Temporary disability payments provide an income for workers who are unable to work for an extended period of time due to their injury. Permanent disability payments are available for long-term or permanent impairments resulting from the injury. In some cases, workers may return to work on light duty. If you were released to work on light duty and that has caused you to be earning less than your normal wages, workers’ comp may provide compensation to make up for the difference between your regular wage and your current wage at a rate of 66 ⅔%.

WHY SHOULD I HIRE A WORKERS’ COMPENSATION LAWYER?

Hiring a workers’ compensation lawyer is not a required step to file a workers’ comp claim, but it may be in your best interest to do so. An experienced attorney can help guide you through the steps to file a claim and ensure that you are getting the maximum benefits available, taking the guesswork out of the process.

In addition, an attorney can also assist with filing appeals in case your claim has been unfairly denied and can stand up for your rights as an injured worker throughout the process. It is not unusual for a worker to be paid less than what they are entitled to, even if their claim has been approved. With a workers’ compensation lawyer on your side, you can have the peace of mind of knowing that their case is being handled properly and that all available options are being explored.

The Eller Frye Law Firm provides legal representation for injured workers in Greenville, South Carolina, and surrounding areas. Call the Eller Law Firm at (864) 686-4827 to discuss your case and see how we may be able to help you.