Have you ever suffered a work-related injury?
If yes, you have probably undergone high stress, physical and emotional damage, as well as uncertainty about your future. You find that you’re unable to provide for your family, and you don’t know what to do. You’re not alone, because work-related accidents occur more often than we think.
If you’re currently in this predicament, you may have certain questions. Below are some facts about Workers’ Comp in South Carolina. At the end of the article, you’ll have a better understanding of your rights as an employee.
Understanding Workers’ Comp in South Carolina
Workers’ Compensation is an insurance that covers employees if they are injured on the job. The idea for the compensation is to provide a safety net for the workers. The employers are provided protection from lawsuits that may arise due to personal injury claims in the workplace.
We’ll explore some commonly asked questions about Workers’ Comp in South Carolina.
What You Should Know About Workers’ Compensation in South Carolina
Here is the procedure you need to follow if you have an injury at the workplace.
1. What Does the Workman’s Compensation Cover
Workers’ Comp will cover any work-related injuries or illness. You’ll only get compensation if you were doing something on behalf of the job or for your employer. You will not get compensation for pain and suffering; you will also have to give up your right to sue for the same. However, if the injury results due to the negligence of a third-party, you are entitled to file a third-party personal injury claim.
2. No-Fault Clause in Workers’ Compensation
The no-fault clause states that as long as you are at the workplace, it doesn’t matter if the injury is a result of your carelessness.
But, this does not extend to cases where you intentionally hurt yourself. You’re also not entitled to Workers’ Comp if intoxication was the cause of your injury.
Also note that if you commit fraud by lying about being hurt at work, then you are not eligible for the benefits. If the injury is a result of negligence on your employer’s part, you’ll get the compensation. You should, however, not expect it to be higher than the amount set by the insurance company.
3. You Get Compensation from the Insurance Company
South Carolina Workers’ Compensation laws are clear that the compensation comes from the insurance provider, not your employer.
4. Who Is Covered Under Workman’s Comp
Workers’ Comp will cover most employees with a few exceptions including:
- If the company has less than four employees
- A business whose annual payroll is less than $3,000
- Workers in the agricultural sector
- Some realtors
- Railway express and railroad companies employees
- Corporate offices
- South Carolina federal employees
Always keep this in mind before taking your next step.
5. What Is the Right Course of Action When You Get Injured on the Job
The Workers’ Comp Act in SC has a very clear process you should follow. If you are injured while at work, you should report it to management immediately. Make sure it is in writing, and keep a copy of the same. In case your employer says you did not report the case. You will have evidence.
Your employer will give you a claim form to complete. He will then forward the same to the insurance company to process your claim. If you’re not sure about how to fill it out or need additional advice, you should talk to your attorney as soon as possible.
An attorney will challenge any clauses that may negatively impact your ability to get proper compensation. Do note; if you don’t report the incident within 90 days, you will not be eligible to receive any benefits.
6. Your Employer Cannot Terminate Your Work Contract
Some employees fear that if they file a Workers’ Comp claim, the employer can retaliate by terminating the work contract. South Carolina Workers’ Comp laws give you the option of exploring the legal route when an employer who fires you under these conditions. It is illegal for your employer to threaten or even carry out the termination.
7. You Get Medical Treatment Cover
Workers’ Compensation will pay for any medical treatment arising from the work-related injury. The insurance provider will cover the bills from day one. Such bills may arise from surgery, hospitalization, physician’s fees, medical supplies, prosthetic devices, and prescriptions.
The insurance provider will also reimburse you for any travel expenses that you’ll incur when going to see the doctor. The reimbursement will only apply to distances of more than 10 miles round-trip.
8. You May Resume Light Duty
Based on your doctor’s recommendations, you may be able to resume work during the recuperation period. Your employer may, therefore, give you some light duties which you’ll have to do. Workers’ Compensation in SC states that if you decline, you will lose your benefits.
You can seek legal redress if you feel that you are not capable of taking on the work. You can opt to return to light work without a full release from your doctor. However, you may earn less than you did before the injury; in this case, under South Carolina law are entitled to 2/3 of the difference between the two wages.
9. What the Law Says About Work-Related Illness
Some illnesses may result from your work conditions. Such include the effects of some of the products used during the completion of the job. You are under the Workers’ Compensation laws entitled to benefits.
10. What Is the Duration of the Workman’s Compensation
The duration of the compensation will last for as long as your doctor says you cannot work. Once you are cleared, you’ll no longer get any benefits. Your lawyer should be able to advise you appropriately on the limits.
You Have a Right to Workman’s Compensation
We have looked at what you need to be aware of about Workers’ Comp in South Carolina. You may have additional questions that we can provide answers to. If you’re looking for someone to handle your case, contact us and let our experienced team help you with the process.
Call Us For A Free Review Of Your Case
Let us know how we can help. Call us at our Mount Pleasant office: 843-800-0809. Or, email us via our online contact form and we will be in touch to set up a time to meet. We look forward to hearing from you.