Frequently Asked Questions
Q: What is workers' compensation?
A: In general terms, workers' compensation, also known as workers' comp, is a type of insurance that provides medical benefits and wage reimbursement for employees who become injured on the job. In South Carolina, workers' compensation includes payment for necessary medical treatment, loss of wages for a period of disability, and compensation for permanent disability. Compensation is paid through the employer's insurance company.
Q: What are workers' compensation laws in South Carolina?
A: According to South Carolina law, workers who are injured on the job are entitled to have their medical expenses paid, receive benefits while unable to work, and receive compensation for permanent injuries.
If you are unable to return to work after seven days, you are entitled to weekly temporary benefits, which are figured at two thirds of your average weekly wage. If the period of total disability exceeds 14 days, the employee is eligible for compensation beginning with the date of the accident. The maximum award for total disability or death is limited by law to five hundred weeks of compensation.
South Carolina workers' compensation law follows a no-fault system. It doesn't matter if it was the employee's fault or the employer's fault; if someone is injured on the job, whether it be their fault or not, they are entitled to paid medical costs, unemployment benefits from their employer, and even compensation for their injuries.
Q: Who is covered by workers' compensation?
A: In South Carolina, nearly every employee is covered by the State's Workers' Compensation Act. Businesses are required to provide workers' compensation to their employees in South Carolina. Several exceptions include: railroad and railway express companies and employees, certain casual employees, Federal employees in South Carolina, businesses with less than four employees, agricultural employees, certain real estate salespersons, and, corporate officers
Q: What if my employer is uninsured?
A: South Carolina has an uninsured employer workers' compensation fund. If you work for an employer who should have subscribed to workers' compensation but did not buy it, you are still entitled to coverage from the fund.
Q: What types of injuries are covered by workers' compensation?
A: All types of injuries are covered by workers' compensation laws in South Carolina. If you suffered an injury that required medical attention or prevented you from returning to work (long term, short term, or permanently), you are entitled to workers' compensation. Examples of injuries covered by workers' compensation include:
- Flesh wounds, lacerations, broken bones, or other mishaps
- Injuries caused by exertion like a heart attack, hernia, or back injury
- Serious permanent injuries such as paraplegia, brain injuries, eyesight loss, or loss of limb
- Occupational Disease
Q: Can I sue my employer for causing my injury?
A: No. The workers' compensation system in South Carolina covers on-the-job injuries whether it was the employee's fault, the employer's fault, or an "Act of God." With this system comes the tradeoff that you cannot sue your employer for negligence.
Q: How do I report an on-the-job injury?
A: If you are injured on the job, report the incident to your employer and seek medical attention (if needed) immediately. You may lose your workers compensation benefits if you do not report your accident to your employer within 90 days of the accident occurring. You have 2 years to file a claim to receive benefits.
Q: Can I be fired for filing a workers' compensation claim?
A: No. Under South Carolina law, you are protected from any retaliatory actions by your employer if you become injured or unable to work due to an on-the-job injury. Contact an attorney at Twenge + Twombley.
For More Information About Workers' Compensation
Call 843-476-4573 or fill out our online contact form today to schedule a free, no-obligation legal consultation with our workers' compensation attorneys. We serve clients in Beaufort, Hilton Head Island and other communities in South Carolina.
