FAQs: Filing a Workers’ Compensation Claim in South Carolina
Rock Hill, SC Personal Injury Lawyer
In South Carolina, workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees that are injured while on the job. In exchange for these benefits, the employee gives up his or her right to sue their employer in negligence. Employees who are injured while working in South Carolina or develop an illness as a result of their working environment are eligible to collect benefits under the state’s workers’ compensation system.
What body of law governs workers’ compensation in South Carolina?
The South Carolina Workers’ Compensation Commission has been granted statutory authority to create and administer the state’s workers’ compensation regulations. The Commission decides the procedure to be followed in order to file a claim and to achieve a hearing. Visit their website for more information.
Who will pay my workers’ compensation benefits?
Any employer in South Carolina with more than with employees must purchase workers’ compensation insurance from a licensed insurance company. The insurance company will then pay you on behalf of your employer.
How do I file a claim?
Usually, an employer requires you to inform them directly after you have been injured on the job or develop an illness. You must give your employer notice of the injury within 90 days or risk losing your right to any benefits. The employer is then required to fill out a First Report of Injury form and file it with the Commission.
What if my employer refuses to report the accident to the Commission?
If your employer does not report the accident to the Commission, you will need to file a claim with the Commission yourself. You will need to fill out an Employee’s Notice of Claim form and pay a $25.00 fee in order to file the notice. You have two years in which to file your claim.
What type of medical care am I entitled to?
You are entitled to medical care for all reasonable work-related injuries or illnesses. All necessary treatments will be paid for by your employer’s workers’ compensation policy. However, in South Carolina, your employer and their insurance carrier have the right to choose what doctor you are treated by. You may not be able to see your own doctor. If you choose to see your own doctor, your treatments will not be paid for under the workers’ compensation program.
Can I collect benefits for punitive damages?
Punitive damages are often awarded in negligence cases to compensate for things like pain and suffering. Under a workers’ compensation claim you are not entitled to punitive damages. When you file a workers’ compensation claim you are giving up your right to sue your employer for negligence and thus may not collect punitive damages.
How will I be compensated for my lost wages?
If you are unable to work because of a work-related injury or illness, you will be paid the wages you would have earned while you recover. You will receive 66 2/3% of your average weekly wages and this will continue until your doctor “releases” you, or approves your going back to work.
Workers’ compensation insurance exists in order to provide for both you and your family after you are injured on the job. The process is complex and time consuming, especially at a time when you are not feeling your best. If you have been hurt on the job, contact the personal injury attorneys at Bice Law today. Your consultation with one of our skilled attorneys is free and will help to get you on the road to recovery.
Contact the Personal Injury Law Firm of Bice Law
The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.
