Text Us!

Overview of Workers’ Compensation Laws and Benefits in South Carolina

Posted on

The workers’ compensation system in South Carolina provides medical care and financial benefits to eligible workers for illnesses or injuries that occurred on the job. An employee who is injured while performing their job or develops an illness that is related to their occupation or workplace conditions is eligible to receive benefits.

The system in South Carolina is what’s called a “no-fault” system, which means that as the employee, you are not required to prove that your employer was at fault before you can receive benefits. You are only required to show that the illness or injury happened and was caused in the workplace or related to your work.

Compensation can be barred in certain cases, however. If you were intoxicated, committed fraud, were horse-playing, intentionally hurt yourself, etc., you may not receive benefits. General negligence will not prevent you from receiving benefits.

Workers’ Compensation Coverage Exclusions

There are some exclusions to the types of employees that are covered under workers’ compensation benefits or are exempt from compulsory coverage requirements. These can include:

  • Federal government employees working in South Carolina;
  • Employees at a company that has less than four employees;
  • Employees of railroad companies or railway express;
  • Some commission-paid realtors;
  • Agricultural workers;
  • Corporate officers; and
  • Some temporary or casual workers.

Sole proprietors, LLC members, and partners are not automatically covered by workers’ compensation coverage unless they specifically elect to cover themselves.

Reporting Requirements

If you have a workplace illness or injury, you are required to report it to your employer within 90 days of the accident. Failure to report it within the required time period means you may lose your eligibility for benefits. Learn what your employer’s reporting procedures are, and know that it’s important to report the injury sooner rather than later. If your company doesn’t have set procedures on how to report a workplace injury, then put it in writing and notify your supervisor or the human resources department.

What Workers’ Compensation Covers

Your employer’s workers’ compensation insurance will cover treatment related to your workplace injury or illness. It will pay for any authorized hospital bills, doctors’ appointments, physical therapy treatment, etc. You can also ask for reimbursement for mileage costs of traveling to your appointments and the salary you lost while going to your medical appointments as long as the round trip exceeds ten miles.

If your injury is severe, you may be eligible for disability benefits as well. Temporary Partial Disability (TPD) is available when an injury prevents you from handling all your previous job duties, but you can still complete some work. Temporary Total Disability (TTD) is available when your injury is severe enough that you are prevented from working for a certain period of time.

In the event your injury is permanent, there are Permanent Partial Disability (PPD) and Permanent Total Disability (PTD) benefits available as well.

Retaining a South Carolina Workers’ Compensation Attorney

If your benefits were denied or you don’t agree with the decision, you have the right to appeal. If you have questions or need assistance with your claim, it’s important to speak with a South Carolina workers’ compensation attorney. Contact the Elrod Pope Law Firm at 803-599-3080. We have several conveniently located offices and can assist you with all your workers’ compensation needs in Chester and Rock Hill.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.