Under South Carolina’s Workers’ Compensation Act, employees injured while on the job, or otherwise as the result of employment, are entitled to compensation for any resulting injuries. This law is quite complicated; as such, Anastopoulo Law Firm’s attorneys have answered frequently asked questions below to help you understand South Carolina’s workers’ compensation law.
Q: Which employees are covered under South Carolina’s workers’ compensation law?
A: Any employee who has suffered a job-related illness or injury is entitled to workers’ compensation benefits. Unpaid volunteers, and others who perform work without payment are not entitled to receive compensation benefits.
Q: How and when should I report an injury I have suffered while on the job?
A: Report all sustained injuries to your employer as soon as the injury occurs and immediately request medical treatment following the injury. Those who do not report their injury within 90 days following an accident may be unable to access workers’ compensation benefits. It is important to note that though an injury must be reported within 90 days, you still have two years following your accident to file your claim for workers’ compensation benefits with the state of South Carolina.
Q: How do I file a workers’ compensation claim?
A: A workers’ compensation claim can be filed personally when an employer does not report the accident that occurred, denies that you sustained an injury as the result of a work-related accident, or when the amount of benefits received is in dispute. In order to file a workers’ compensation claim, specific forms must be submitted with the South Carolina Workers’ Compensation Commission.
Q: What are the different workers’ compensation benefits that I can access?
A: Workers’ compensation benefits provide all medical treatment necessary to assist in the treatment and lessening of a resulting disability. Workers’ compensation benefits can typically be used to pay for medical supplies, surgery, hospitalization, drug prescriptions and prosthetic devices.
Q: Is there a specific medical professional that I should see in order to access my workers’ compensation benefits?
A: In order to receive your workers’ compensation benefits you will need to be seen by a medical professional designated by either your employer or your employer’s insurance representative.
Q: How is the workers’ compensation benefits rate determined?
A: The workers’ compensation rate is set at 66 ⅔ percent of a worker’s average weekly wages as based on the previous four employment quarters before the injury was sustained. However, the compensation received cannot be greater than the maximum average weekly wage amount as determined each year by South Carolina’s Department of Employment and Workforce.
Q: Can I receive compensation for time that I miss from work because of my injury?
A: Before receiving workers’ compensation benefits there is a seven-day waiting period. If you are unable to work for more than seven days, workers’ compensation benefits will be dispersed by your employer’s insurance provider. For those unable to work for over 14 days, compensation can be obtained for all of days you have been unable to work and should continue until your doctor clears you to return to work.
If you still have questions regarding workers’ compensation, please reach out to us at Anastopoulo Law Firm today for a free case evaluation.