Workers’ compensation insurance offers financial aid to employees injured or who get sick at the workplace. All South Carolina employers must have workers’ compensation insurance if they employ four or more workers, including seasonal and part-time employees.
Therefore, employees in South Carolina who sustain work-related injuries are eligible for SC workers compensation insurance benefits. Depending on the severity of the disability or illness, such benefits may include medical care, wage replacement, and other benefits.
Steps to Filing Workers Compensation Claim
You must notify your employer about injury or illness within 90 days of the incident to be eligible for workers’ compensation payments in South Carolina. Within 30 days of receiving your report, your employer submits a claim to their workers’ compensation insurance provider.
The workers’ compensation insurance provider will examine your claim to determine if you qualify for benefits. If the claim is accepted, the benefits you receive will depend on how bad your illness or injury was and how long you were unable to work.
Types of Workers Compensation Benefits
The workers’ compensation payments you receive each week in South Carolina depend on your average weekly salary before the injury or illness. The state laws establish the maximum amount of benefits you may receive each week, and it is revised yearly to account for changes in the state’s average weekly earnings.
SC worker’s compensation insurance may also cover additional benefits, including rehabilitation services, vocational training, and death benefits for dependents of employees murdered on the job, in addition to medical treatment and salary replacement benefits.
Due to your illness or injury, you can qualify for payments for permanent disability if you are unable to work again. These payments are determined by the extent of your handicap and how it affects your capacity to work.
Benefits for indefinite incapacity may be awarded in one lump sum or over time. In some circumstances, the expense of transportation to and from medical visits linked to your injury or illness may be covered by workers’ compensation insurance.
What to Do If Your Claim Is Rejected
You can appeal the decision if your request for workers’ compensation benefits is turned down. A hearing before an administrative law judge, who will consider the evidence and decide on your claim, is often part of the appeals procedure. You may appeal the judge’s ruling to the South Carolina Workers’ Compensation Commission or the South Carolina Court of Appeals if you are dissatisfied with it.
It’s vital to understand that SC worker’s compensation insurance operates on a no-fault system, which entitles you to benefits regardless of who was at fault. However, you might not be eligible for compensation if it is determined that you purposefully caused your injuries or were under the influence of drugs or alcohol at the time of the accident.
You should speak with an experienced workers’ compensation attorney if you have doubts about your rights or eligibility for benefits under South Carolina’s workers’ compensation laws. The lawyer will help you navigate the claims procedure and also help you understand your rights and options. Additionally, lawyers can represent you at hearings and appeals to assist you in appealing a claim denial.
Summary
It’s important to know that workers’ compensation insurance is the only remedy for accidents or illnesses in South Carolina. You are not permitted to sue your employer for additional damages if you have an injury at work. However, exceptions exist, such as when your employer negligently caused your injury.
