Employees who have been injured on the job are most concerned with their recovery, what type
of benefits are available to them, and how quickly their claims will be paid. In South Carolina,
you must bring a claim within two years from the date of injury or date of death. Once a claim is
reported to the employer, they only have 10 days to report the loss to the Commission. Here’s a
look at the types of compensation you may be eligible for in a workers’ compensation claim.
An employee who is injured can receive benefits for medical treatment, surgery, hospital costs,
and any other necessary treatment to give relief or cure the employee’s injury as required for up
to 10 weeks. The Commission can extend the treatment period if it’s determined that additional
medical treatment will shorten the disability period. The employer may also opt to authorize
additional medical treatment if the attending physician thinks it’s warranted. If the employee
refuses the ordered medical treatment, they can be barred from any benefits.
Workers’ compensation benefits will cover prosthetic devices that are necessary or required for
the employee’s life. If an employee already has a prosthetic device and it’s damaged in the
work-related injury, workers’ compensation benefits should be covering the cost of repair or
Workers’ compensation benefits also cover some of your lost wages. If you’re unable to work at
all, which is considered total disability, then you are entitled to receive up to 66 ⅔ percent of
your average weekly wage. It’s important to understand that there will be no payment for the
first seven days of disability unless you are still unable to work for 14 or more days. There is a
maximum compensation period for benefits (500 weeks) unless there are serious issues
involving paralysis or brain injuries.
There are several situations where dependents of an employee can collect death benefits if the
employee passes away due to a work-related injury. If the employee dies while total disability
applies, or within six years from the date of the accident, then his or her dependents are eligible
to receive money. The amount is 66 ⅔ percent of the employee’s average weekly wage for
however many weeks are left of the 500-week maximum. They may also receive up to $2,500
for funeral costs. If the employee had no dependents, the entire funeral is paid and the parents
or estate may receive benefits as well. Death benefits can vary so it’s not an absolute guarantee
of the amount.
In the event you are required to travel more than 5 miles each way (10 round trip) to medical
treatment from work or home, you can request mileage reimbursement as well. The mileage
amount is equal to the current amount allowed for South Carolina state employees.
Retaining a South Carolina Workers’ Compensation Attorney
If you have a pending workers’ compensation claim, it’s wise to speak to a knowledgeable
South Carolina workers’ compensation attorney who can ensure that you are receiving all the
benefits you’re entitled to. In the event you need to file an appeal, having an attorney who in
knowledgeable about workers’ compensation benefits can be invaluable. Contact Elrod Pope
Law Firm today to schedule a consultation and let us help get the benefits you deserve.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.