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WORKERS COMPENSATION LAW IN SOUTH CAROLINA -
FREQUENTLY ASKED QUESTIONS
What is
workers' compensation?
Under South Carolina law, some workers who have been injured on their
job (where there are four or more employees) may receive medical care
and financial compensation without having to prove the employer was at
fault in the accident. In fact, if the workers' compensation laws
apply under the circumstances, then these laws are the worker’s only
remedy, and the employee cannot sue an employer for injuries received on
the job.
What
types of accidents or injuries are covered by the South Carolina
Workers' Compensation Act?
The
workers’ compensation statutes cover workers how have been injured while
working "within the scope" of their employment. For example, any injury
suffered by an employee at the employer’s place of business during
working hours would be covered whereas an injury that is sustained while
traveling to or from work usually would not be covered (except, for
example, where the employee is injured when the employer provides
transportation to a work site.
The
workers’ compensation laws cover accidents (such as sustain injuries
while operating machinery) and cover injuries caused by normal work
activities such as back injuries from lifting, physical and emotional
problems caused by work related stress, and repetitive motion injuries
such as carpal tunnel syndrome. Sometimes, however, the employer
may not be responsible for the employee's injuries if such injuries were
causes by voluntary intoxication, or by failure to use safety equipment.
What
type of benefits can I get for my injuries?
Regarding your medical expenses for a job-related injury, they can all
be paid by workers’ compensation regardless of whether you miss
any work. However, your employer has the right to choose which doctor
treats you. If you refuse to accept the treatment provided by such
doctor, then you lose the right to compensation. If you wish to see your
own doctor, then you must pay the costs.
If you miss work, you made be paid two-thirds of your average
wages/salary (not to exceed a maximum weekly amount that is set by
the Workers’ Compensation Commission) for the time missed, excluding the
first seven days you cannot work (unless you miss work for more than 14
days, in which case you may be paid for the first seven days) for a
maximum of 500 weeks, except for injuries resulting in brain damage or
cause the worker to be a paraplegic or a quadriplegic for which benefits
are paid for a lifetime. These benefits are nontaxable.
If you return to "light duty" or work part-time while you are recovering
from your injuries and you are being paid less that what you normally
received before the accident, then you may be entitled to compensation
for two-thirds of the difference between your normal wages/salary and
your part-time or light duty pay until you reach maximum medical
improvement.
Even if
you can work, you may receive payment for certain parts of your body
that are permanently injured.
I was
hurt on the job. What should I do?
First,
you should immediately report your injury to a supervisor (you have a
total of 90 days within which to make your report). In doing so, you
should make record of the following: (1) the time and place of the
injury; (2) the circumstances surrounding the injury; (3) the scope of
your injury; and (4) the names of witnesses.
Typically, to receive benefits, you must file your claim with the
Workers' Compensation Commission within two years of the date of your
injury. The claim is assigned to a workers' compensation commission who
hold a hearing to determine, among other things, (1) if your claim is
valid; (2) if you are entitled to benefits; (3) if temporary benefits
should stop; (4) if you are ready to return to work; and (5) if you are
entitled to an award for any permanent disability.
What
happens if I am injured at work by someone other than my employer or
co-workers?
If a
third party causes your injury, then you may bring legal action against
the third party and also file a workers’ compensation claim. For
example, if you were injured on the job by a customer, then you could
sue the customer and file a workers' compensation claim against your
employer. However, if you collect money from the third-party for your
injuries, then you must all or a portion of the money to reimburse the
workers’ compensation insurance company for any benefits it has paid
you.
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If you have suffered an on-the-job injury in South Carolina, call the Futeral Law
Firm locally at (843) 284-5500, toll free at (877) 913-5500,
or email
info@charlestonlaw.net.
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Disclaimer
The contents of this web site are for informational purposes regarding legal
issues in South Carolina and are not intended to convey detailed legal advice on
specific issues. Transmission of the information contained in this site or any
sites linked hereto is not intended to create, and receipt does not constitute,
an attorney-client relationship. Our attorneys practice law only in
jurisdictions we are properly authorized to do so and do not seek to represent
anyone in any jurisdiction where this site does not comply with applicable laws
and bar rules. The attorneys of the Futeral Law Firm are
licensed to practice law in the State of South Carolina. Readers should not act
upon the information contained in this site without first seeking the advice of
an attorney licensed to practice in your area.
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