If you’re hurt on the job, you need answers. Our workers’ compensation attorney in Greenville addresses South Carolina workers’ compensation frequently asked questions on this page.
Injured at Work? FAQs About What to Do Next
What is the purpose of workers’ compensation?
Someone who is hurt in the service of their employer deserves medical care and compensation even if the employer was not negligent in the events causing the injury. Workers’ compensation is meant to provide these benefits quickly, including medical care, replacement income, and disability compensation.
What should I do if I’m injured at work?
If you’re injured at work, take steps to secure your safety and prevent additional harm. Get emergency medical attention if necessary. Report your injury to your employer.
What happens when you report an injury to your employer?
When you report an injury to your employer, they should make an official report. The employer must report the injury to their insurance company, who reports it to the Workers’ Compensation Commission using Form 12A – First Report of Injury or Illness.
How long do I have to report a workplace injury?
Report your workplace injury as soon as possible, at least within 90 days. Under S.C. Code § 42-15-20, if you don’t report your injury on time, you could lose your right to benefits. You are not entitled to medical fees or compensation until you report the injury unless you meet one of the grounds for an exception.
Who do I report my injury to?
Report your workplace injury to your immediate supervisor. Just telling a coworker may not be enough to count as telling your employer.
How long do I have to file for workman’s comp in South Carolina?
Under S.C. Code § 42-15-40, you have two years from the date of the injury to file for benefits. Before the deadline, you must file Form 50 or Form 52 with the commission to preserve a claim and request a hearing.
FAQs About South Carolina Workers’ Compensation Benefits
What benefits can an injured worker receive from South Carolina workers’ compensation?
Benefits that an injured worker may receive from South Carolina workers’ compensation are:
- Medical care from providers chosen by the employer
- Replacement wage income if you can’t work because of your injuries
- Disability compensation if injuries do not fully heal
The injured worker may receive the benefits that apply to their situation within the limits of the law.
Can I use my own doctor for workers’ compensation in South Carolina?
You must receive medical care from a provider chosen by your employer. For an emergency where the authorized carrier isn’t available, you may seek medical care elsewhere.
What is replacement wage income for South Carolina workers’ compensation?
Replacement wage income for South Carolina workers’ compensation is two-thirds of your average weekly wage up to a maximum amount. If you’re able to work but you earn less than you earned before, your replacement income is two-thirds of the difference in income.
How is the average weekly wage determined?
The average weekly wage is determined by looking at the four quarters before the date of injury. If the person doesn’t have a work history that long, look at the earnings of a person in the same position and character in the community for four quarters before the injury.
Is there a maximum amount of weekly benefits you can receive in workers’ compensation?
Yes. As of January 1, 2023, $1,035.78 per week is the maximum weekly compensation for workers’ compensation. Amounts are subject to periodic adjustments.
What is the waiting period for benefits?
Temporary wage benefits begin on the eighth day that you miss work because of your injury. If you are unable to work for more than 14 days, back wages are payable to the first day that you missed work.
Do you have to work for a period of time before you can get workers’ compensation benefits?
There is no minimum work history to qualify for workers’ compensation benefits. You can receive benefits from your very first day at work.
Is pain and suffering included in workers’ compensation benefits?
Unfortunately, pain and suffering is not payable in workers’ compensation benefits. In some circumstances, an injured worker may qualify to bring a third-party negligence claim which may include pain and suffering compensation.
Are workers’ compensation benefits payable if the employee was intoxicated?
S.C. Code § 42-9-60 prohibits workers’ compensation benefits if the employee was intoxicated at the time of the injury.
Does workers’ compensation pay for intentional injury?
Workers’ compensation does not pay for intentional injury.
How many weeks can you get workers’ compensation for in South Carolina?
An injured worker may receive up to 500 weeks of workers’ compensation in South Carolina. Benefits continue permanently for paralysis and severe and permanent brain injury.
FAQs About SC Workers’ Compensation Laws and Regulations
What is the South Carolina workers’ compensation law?
South Carolina Code Title 42 – Workers’ Compensation states the laws that apply to workplace injuries. In addition, Chapter 67 of the Workers’ Compensation Commission creates additional regulations that apply to claims and cases.
Do all employers have to have workers’ compensation insurance?
Businesses are exempt from workers’ compensation insurance requirements if they have:
- Less than four employees (part-time employees count)
- An annual payroll of less than $3,000
- Certain agricultural employers
- State or county fair association
- Railway and railroad employees
- Federal employees
- Owner-operator drivers (requirements apply)
- Commissioned real estate agents (requirements apply)
Am I an independent contractor?
Your employer calling you an independent contractor doesn’t necessarily make it true. Whether you are an employee or an independent contractor depends on several factors, including:
- The extent to which the employer has the right to control the worker
- Furnishing equipment to the worker
- Method of payment
- Ability to fire
If your employer denies you benefits by claiming you are an independent contractor, you can challenge the decision.
What is Form 50 for workers’ compensation?
Form 50 is the form you use to file your claim and request a hearing. The form asks for basic information about the injury, income at the time of injury, any unusual aspects of the claim, whether mediation is requested, and a request for a hearing.
Can I have a lawyer represent me in my workers’ compensation case?
Yes, a lawyer can represent you at any stage in a worker’s compensation case. Your benefits are critical to your physical and personal well-being. With an experienced lawyer representing you, you can know that you are taking the right steps to receive the compensation that you deserve.
Still Have Questions? Contact Us!
Bobby Jones Law is a law firm representing injured workers in South Carolina. We help people get workers’ compensation and get the full benefits they are entitled to. Don’t fight your employer or your insurance company alone. Contact our friendly and professional team for a consultation.