The workers’ compensation process in South Carolina is meant to protect people injured on the job. Even though the system might seem complicated, injured workers will benefit from having their claims heard by the state’s Workers’ Compensation Commission.
When you’ve been injured at work, you may have to take time away to attend medical appointments or simply to heal. But that doesn’t mean that you have to forego your pay. In South Carolina, the Workers’ Compensation Law requires employers to pay total or partial wages to injured workers.
A workplace injury doesn’t have to ruin your career. Our attorneys at Howard, Howard, Francis, & Reid have the experience to help you achieve a successful workers’ compensation result.
Workers’ Compensation in South Carolina
There are a few key terms to know to understand the workers’ compensation system in South Carolina.
First, the system is governed by the South Carolina Workers’ Compensation Law (the Law), found in Title 42 of the state’s Code of Laws.
Second, is the Workers’ Compensation Commission (the Commission), which is created by the Law. The Commission consists of seven commissioners, each appointed by the governor, who serve six-year terms. Commissioners hear cases individually, but injured employees may appeal the decision of an individual commissioner to the entire panel.
Third are the carriers. These are the insurance companies that provide workers’ compensation policies to employers. While most employers use carriers, it’s important to note that some employers insure themselves.
To bring a workers’ compensation claim in South Carolina, you must follow the protocol established by the Law.
Bringing a Workers’ Compensation Claim
If you’re injured on the job, the Law provides temporary total or partial compensation depending on factors including the type and extent of injury, ability to continue working, and average weekly wages pre-injury.
1. Report Injury to Supervisor
The most important thing you must do is report your injury to a supervisor.
While this does not necessarily need to be your direct supervisor, it’s best to report the injury to someone in a managerial position rather than a co-worker.
If you don’t report the injury within ninety (90) days, you may be disqualified from pursuing benefits from the workers’ compensation system.
2. Seek Medical Attention
Obtain medical attention from the provider used by your employer.
Although you have the right to choose your physician to be evaluated, the medical expenses will only be covered by your employer if the physician is selected by them. There is an exception, however, for emergencies. In that case, you may seek immediate emergency care from a doctor of your choosing. But you must report this visit to your employer right away.
3. Attend Evaluation by Physician
At your first appointment, tell your provider about ALL of the injuries caused by the workplace accident.
While this may feel invasive, the more accurately and thoroughly that you describe your injuries and pre-existing conditions, the better. If you disagree with a treatment decision by the physician, you may be able to obtain a hearing with the Commission.
Some employers will also provide a nurse case manager (NCM). This NCM is paid for through the employer’s workers’ compensation insurance, so you have the right to seek a private exam with your physician outside the presence of the NCM.
You should be aware, however, that by participating in the workers’ compensation system, it’s presumed that you consent to the release of your relevant medical records to the employer’s carrier, your employer and its attorneys, the NCM, and the Commission.
4. Obtain a Hearing from the Commission
Once your medical treatment is initiated, your claim will go before the Commission.
The Commissioner who hears your case will issue an Opinion and Award, if any, of compensation. The Commissioner acts as the finder of fact, so there is no jury. While your physician is unlikely to attend the hearing, you can put on evidence from the physician in the form of deposition testimony. You may also put forth any other evidence that helps your case.
If you disagree with the Commissioner’s Opinion, you can appeal to the entire panel of seven Commissioners, and then appeal to the Court of Appeals
Your Rights under South Carolina’s Workers’ Compensation Laws
Navigating the workers’ compensation system can be overwhelming. You can protect yourself by knowing your rights.
Quick tips:
- Compensation Benefits: The Law allows injured employees to recover for medical expenses, total or partial compensation lost, and permanent disability when appropriate. Pain and suffering are not recoverable per se, but only insofar as they restrict or hamper the injured worker’s ability to function and earn wages.
- Medical Care: Your employer will typically cover surgery, hospitalization, medical supplies, prosthetics, and prescriptions. Again, although the employer and the workers’ comp insurance company have the right to direct treatment initially, the injured worker has the right to ask for a hearing if it is felt that the treatment is unsatisfactory.
- Temporary Wages: Whether you receive temporary total or temporary partial compensation, your wages will be calculated based on your average weekly income over the immediately preceding calendar year.
- Form 50: Although your employer’s representative is likely to initiate a claim on your behalf, you may initiate your claim with the Commission by filing a Form 50. There is a two-year statute of limitations in workers’ compensation cases.
Protecting Your Workers’ Compensation Rights
Sometimes, the Commission will deny the claim of an injured person. This may be due to insufficient medical documentation, unsatisfactory evidence of the injury, or failure to report the injury properly. Working with a seasoned workers’ compensation attorney familiar with the South Carolina legal system can help protect your workers’ compensation rights.
Learn More About Your Rights under South Carolina’s Workers’ Compensation Laws.