In the state of South Carolina, employees who become injured at work or develop an illness related to their job are generally entitled to receive Workers’ Compensation benefits. These crucial benefits help injured or ill workers cover the costs of medical bills and lost income while they are unable to perform their work duties.
The Workers’ Compensation process begins when you or your employer files a claim with the South Carolina Workers’ Compensation Commission. If your claim is denied or you receive less than you believe you are eligible for, a Workers’ Compensation lawyer can assist you in appealing the Commission’s decision.
Workers’ Compensation Eligibility
The Workers’ Compensation system is “no fault” meaning you are not required to prove another party was at fault for your accident to receive benefits. You only need to prove that your accident happened in the course of your work or you developed an illness related to the conditions of your work environment.
Some workers in South Carolina are exempt from Workers’ Compensation benefits. They include agricultural workers, corporate officers, federal employees, and railway and railroad workers.
What Workers’ Compensation Benefits Include
While you are recovering from your work injury, you may be eligible for a portion of the wages you would have earned had you not been injured. You must be unable to work for at least seven days to collect payment for lost wages. Payments are calculated as a percentage of your average weekly wage in South Carolina. Workers who become partially or totally disabled after work accident or illness may be entitled to additional compensation.
Your employer or their insurance company is required to pay all reasonable medical costs associated with your care related to a work illness or injury. That may include doctors’ visits, diagnostic tests, prescriptions, physical therapy, and surgeries. You may be required to see the doctor or hospital selected or approved by your employer or their insurance carrier to collect Workers’ Compensation benefits for medical care.
What to do After a Work Injury or Illness
Because Workers’ Compensation claims are time-sensitive, it is very important to report your injuries to your employer immediately after an accident or illness – in writing, if possible. If you wait more than 90 days to notify your employer, you may jeopardize your right to a claim.
After you notify your employer, he or she has ten days to report your accident to the South Carolina Workers’ Compensation Commission. If they neglect to do so, you can file a claim yourself. A Columbia Workers’ Compensation lawyer can assist you throughout this process to ensure the best chance of approval. They can also advocate for you if you do not receive the amount you believe you are entitled to or if your employer disputes that your accident happened at work.
Columbia Workers’ Compensation Lawyers at Chappell Smith & Arden, P.A. Advocate for Injured Workers in South Carolina
Columbia Workers’ Compensation lawyers at Chappell Smith & Arden, P.A. work tirelessly to obtain the crucial benefits that South Carolina’s injured and ill workers need to support themselves and their families. Whether you have recently suffered a work accident or your claim has been denied, we are here to help. To discuss your situation with a skilled Columbia Workers’ Compensation lawyer, call 803-929-3600 or submit an online contact form to schedule a free consultation today.
We represent injured workers in Columbia, Aiken, Camden, Sumter, Orangeburg, Greenville, Florence, Beaufort, Irmo, Spartanburg, Myrtle Beach, Hilton Head Island, West Columbia, Rock Hill, Charleston, Lexington, Winnsboro, Summerville, and throughout the counties of Lexington County, Richland County, Sumter County, Charleston County, Aiken County, Florence County, Lancaster County, York County, Spartanburg County, Orangeburg County, Kershaw County, and Newberry County.