In South Carolina, an employee who suffers an on-the-job injury may file a claim seeking workers’ compensation benefits. The three primary benefits of filing a claim for workers’ compensation are medical treatment of the employee’s injury, financial compensation for any period of time that the employee is held out of work by the treating physician due to the injury, and financial compensation for any permanent disability the employee has sustained following the completion of medical treatment.
The South Carolina Code of Laws includes a section entitled The South Carolina Workers’ Compensation Law, S.C. Code Section 42-1-10. This section of the law addresses employees’ and employers’ rights and responsibilities relating to claims arising from on-the-job injuries. The following are common questions relating to South Carolina Workers’ Compensation Law.
The South Carolina Code of Laws includes a section entitled The South Carolina Workers’ Compensation Law, S.C. Code Section 42-1-10. This section of the law addresses employees’ and employers’ rights and responsibilities relating to claims arising from on-the-job injuries.
When an employee is injured on the job in South Carolina, the injured employee is entitled to medical treatment of any causally related medical condition, paid for by the employer or its insurance carrier. Additionally, the employer is required to provide transportation to such treatment, as well as translation services as needed. Such medical treatment is to be provided by the employer until the treating physician determines that the employee’s condition has reached “maximum medical improvement,” meaning that further medical treatment is unlikely to improve the employee’s condition. Notably, the employer may select the treating physician and is entitled to access to all medical records relating to the treatment.
While the injured employee is receiving medical treatment, the treating physician may hold the employee out of work to assist the employee’s recovery. If the injured employee is held out of work by the treating physician for eight or more days the employer is required to provide weekly temporary total disability payments to the employee at the rate of two-thirds of the employee’s pre-injury weekly wages.
Once the employee has reached “maximum medical improvement,” if the employee has sustained any physical impairment he or she is entitled to compensation for any resulting disability. Such disability is determined by a mathematical formula set forth in the workers’ compensation law. If an agreement is not reached between the injured employee and the employer as to the amount of such compensation the Workers’ Compensation Commission may decide the appropriate amount.
The foregoing is designed for general information only. The information is not, nor is it intended to be, and shall not be accepted or relied upon as legal advice. You should immediately consult an attorney for advice for your specific matter. Nothing contained in this website nor the submission of information via this website shall form an attorney-client relationship.