Free South Carolina Workers' Compensation FAQs | Free South Carolina Workers' Compensation Legal Documents

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 21:19:00 GMT

In the state of South Carolina, any employer who regularly has four or more parttime or fulltime employees must be insured. Some exceptions to this rule include casual employees, any employer who has regularly employed less than four employees in the same business within the state or who had a total annual payroll during the previous calendar year of less than three thousand dollars regardless of the number of persons employed during that time.

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Notice of a work related injury should be reported immediately to your employer. Failure to do so within 90 days after the injury may result in a loss of benefits. The overall right to workers compensation may be lost if a claim is not filed within 2 years after an accident, or within two years of the date of death. If a claim is for an occupational disease the 2 years does not begin until the employee has been diagnosed as having an occupational disease.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 21:19:00 GMT

The employer will select the treating physician at the time of the accident. If the employee is dissatisfied with the initial treating physician selected by the employer, and further treatment is required, the employee can notify their employer so that a request and an agreement can be made to obtain another treating second physician.

If the injured employee refuses to comply with any reasonable request for examination, or refuses to accept the medical service or physical rehabilitation which the employer elects to furnish, the employee`s right to compensation shall be suspended and no compensation shall be payable for the period of such refusal.

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 21:51:22 GMT

If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to some type of work, even part time at your same job, you may be eligible for weekly compensation equal to 662/3 percent of the difference between your average weekly wages before the injury and the average weekly wages that you are earning now. This amount is subject to the state minimum and maximum amounts set by law at the time of the work related injury. The time period covered is not to exceed 340 weeks from the date of injury.

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 21:19:00 GMT

If you receive notice that your claim has been denied, you may request a hearing by the South Carolina Workers` Compensation Commission regarding the claim. Hearings are usually held in the city or county in which the accident happened. This commission will hear both sides of the claims issue as well as witnesses and will review any relevant records. A determination will then be made regarding the claims issue.

For more information or to request Form 50, Employee`s Notice of Claim and/or Request for a Hearing, and a benefits brochure to determine if you are entitled to benefits, you can contact the South Carolina Workers` Compensation Commission at the address or phone number below.

South Carolina Workers` Compensation Commission
1612 MARION STREET
P.O. BOX 1715
COLUMBIA, SOUTH CAROLINA 292021715

Claims Services Division: 8037375723

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 21:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 21:19:00 GMT

South Carolina has a 7day waiting period before benefits can be paid. If you are out of work for more than 7 days, then wage replacement benefits will take effect. If you are out of work for more than 14 days, you will receive compensation for the first 7 days of work you missed.

Weekly compensation is generally equal to 662/3 percent of your average weekly wages. This amount is subject to the state minimum and maximum amounts set by law at the time of the work related injury. The time period covered is not to exceed 500 weeks from the date of injury.

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