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.
Who is entitled to workers’ compensation benefits?
In South Carolina, any employee who suffers an on-the-job injury while working for an employer that employs four or more employees may file a claim seeking workers’ compensation benefits.
What are the available workers’ compensation benefits?
An injured worker is entitled to (1) treatment of any medical condition causally related to the work accident, (2) temporary total disability compensation for any period of lost work greater than seven days, and (3) compensation for any permanent disability that the injured worker has following the completion of his or her medical treatment.
How do I report an on-the-job injury?
There are no formal requirements to notifying your employer of an on-the-job injury, meaning that such notification can be verbally or in writing. However, the employee must notify the employer of the injury within 90 days of the accident causing the injury or risk losing the right to workers’ compensation benefits.
How do you file a workers’ compensation claim?
If your employer does not file a workers’ compensation claim following notification of the injury, which often occurs, the employee may personally file the workers’ compensation claim by completing and submitting a Form 50 to the Workers’ Compensation Commission. If an injured worker retains an attorney for the workers’ compensation claim the attorney will file the claim.
How long do you have to file a workers’ compensation claim?
An injured worker has up to two years from the date of the accident to file a workers’ compensation claim. However, the injured worker must notify the employer of the injury within 90 days of the date of the accident.
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.