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FAQs About Workers' Compensation in SC

FAQs About Workers' Compensation in SC

In South Carolina, most employees are covered by workers’ compensation insurance, with limited exceptions, such as railroad workers and federal employees. To help you better understand the state’s workers’ compensation laws, we created a list of frequently asked questions and answers. If you have further questions, don’t hesitate to contact our firm directly to set up a consultation with a member of our legal team.

How do I report a workplace accident?

If you are injured on the job, immediately report the injury to your superiors and if you need medical treatment, request it from your employer. If you fail to report a job-related injury within 90 days, you could lose your right to valuable benefits. Even though you’re supposed to report the injury to your employer within 90 days, you actually have up to two years to file a workers’ compensation claim for benefits.

How long do surviving family members have to file a claim?

Suppose a worker dies as a result of a workplace accident or occupational illness. In that case, the decedent’s dependents have to file a claim within two years of the death. If the decedent does not have dependents, his or her parents must file a claim within two years of the date of death.

How does an injured worker file a claim?

If your employer fails to report your accident, or denies your claim, or if you are concerned that you are not receiving all of the benefits you are entitled to, you can seek the help of a workers’ compensation attorney and file a claim. You can also enlist a lawyer at the beginning of the claims process to make things easier and more efficient.

Will all of my medical treatment be covered?

Under the law, injured workers are entitled to receive all of the medical treatment that is needed to take care of their injury and encourage the best possible recovery. Generally, workers’ comp pays for surgery, hospitalization, doctors’ visits, prosthetics, medical supplies, and medications. But for you to receive all the benefits you’re entitled to, you must receive treatment from the physician selected by your employer, or your employer’s insurance company.

Will I receive 100% of my regular pay?

No, we’re afraid you will not receive your full pay. Workers’ compensation is 66 2/3 percent of the employee’s average weekly wage based on the employee’s four quarters before their injury. But, workers’ comp can never exceed the maximum weekly wage that is determined annually by the South Carolina Department of Employment and Workforce.

To file a workers’ compensation claim, contact our firm to meet with a Columbia workers’ compensation lawyer.


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