Workers’ compensation is an essential safeguard for employees who incur injuries or illnesses due to their work. It provides necessary financial assistance for medical costs and lost earnings while they recover.
In South Carolina, the duration of workers’ compensation benefits can extend up to 500 weeks, but this varies depending on the specifics of each case and the severity of the injuries involved.
Typically, employees who cannot work for at least a week due to injury become eligible to receive benefits starting the eighth day. These benefits amount to two-thirds of their average weekly wage. Employees may claim these benefits retroactively if the absence extends beyond two weeks, starting from the first day they missed work.
How Long Can You Remain on Worker’s Compensation in South Carolina?
A common concern among those considering applying for workers’ compensation in South Carolina is the duration of benefits. The state’s system allows injured employees to access necessary benefits for up to 500 weeks or until they can return to work.
However, some exceptions can extend this period. For individuals suffering from severe, life-altering injuries—for example, paralysis—workers’ compensation benefits may be extended for a lifetime. Such permanent injuries qualify for ongoing support beyond the standard limit.
It’s important to understand that receiving 500 weeks of benefits is not guaranteed for all injured workers. The duration of benefits is determined based on the individual’s recovery timeline and ability to resume work. Benefits are tailored to cover the period until the worker has sufficiently recovered to return to their job.
What Does Workers’ Compensation Cover in South Carolina?
Workers’ compensation in South Carolina supports employees who suffer from job-related injuries or illnesses, helping them cover essential costs without suing their employers.
Here is what the system typically includes:
- Medical Coverage: Workers’ compensation pays for all necessary medical treatments related to the work injury, including doctor’s appointments, surgeries, prescriptions, physical therapy, and other essential medical services. This ensures injured workers can focus on recovery without worrying about medical expenses.
- Temporary Total Disability (TTD) Benefits: Workers who cannot work due to injuries may receive TTD benefits, which generally equal about two-thirds of their average weekly wage. This provides financial stability during the recovery period.
- Permanent Disability Compensation: Workers who sustain permanent impairments due to their injuries may be eligible for compensation based on the severity and impact of their disability. This can include compensation for both partial and total disabilities, depending on the worker’s capacity to work post-injury.
- Vocational Rehabilitation: If workers cannot return to their previous employment due to injuries, they may be entitled to vocational rehabilitation services. These services assist in skill development or retraining, enabling them to rejoin the workforce in a new capacity.
- Death Benefits: If a work-related injury or illness results in a worker’s death, their dependents, such as a spouse or children, may receive death benefits. These benefits typically include coverage for funeral costs and a portion of the deceased worker’s average weekly wage.
- Travel Expenses: Workers’ compensation may also reimburse travel expenses if injured employees need to travel for medical treatments.
Knowing these provisions is crucial for workers in South Carolina to ensure they fully utilize the benefits available under the workers’ compensation system. In cases of dispute or claim denial, consulting with a workers’ compensation attorney in South Carolina may provide additional guidance and support.
What to Do After Becoming Injured at Work?
Responding appropriately after sustaining an injury at work is critical yet challenging due to the immediate pain and discomfort. Here are the essential steps you should follow to ensure your safety and secure your entitlements under the workers’ compensation system:
- Report the Injury Promptly: Always report any injury to your manager or supervisor as soon as possible, no matter how minor it seems. If feasible, write this report to create a formal record of the notification.
- Ensure Your Employer Takes Action: Once you report your injury, your employer has ten days to notify the South Carolina Workers’ Compensation Commission. You must follow up with your employer to ensure they fulfill this obligation. Accurate and timely reporting is essential for the processing of your claim.
- Consult with an Attorney: If you have concerns about receiving your due benefits, consider consulting an attorney. If an injury is not reported within 90 days, you may forfeit your rights to any benefits. Although you have up to two years to file for benefits after reporting the injury, obtaining legal advice can help ensure that all procedures are correctly followed and that you receive the compensation you deserve.
Who Doesn’t Qualify for Workers’ Comp in South Carolina?
In South Carolina, not all employees are eligible for workers’ compensation due to specific state, federal, and local regulations. The following groups of employees typically do not qualify for these benefits:
- Railroad Workers: They are covered under federal laws rather than state workers’ compensation systems.
- Small Business Employees: If a company employs fewer than four individuals, its employees are usually exempt from workers’ compensation.
- Agricultural Workers: This sector often does not provide workers’ compensation to its employees.
- Temporary Employees: Many temporary workers may not be eligible for workers’ compensation, depending on their employment status.
- Federal Employees: These employees are covered under federal workers’ compensation laws, not the state system.
- Corporate Officers: In some cases, corporate officers may opt out of workers’ compensation coverage.
- Certain Realtors: Some realtors who work independently or as contractors might not be eligible.
These categories of workers are generally excluded from receiving workers’ compensation benefits in South Carolina and will not be able to claim these benefits.
What Are the Different Types of Workers’ Compensation Payments?
If you are eligible for workers’ compensation benefits in South Carolina, you will receive periodic payments from the South Carolina Workers’ Compensation Commission. These payments are intended to cover your medical expenses, provide disability benefits, and compensate for two-thirds of your lost weekly wages, up to a state-defined maximum amount.
Generally, you will receive these payments once or twice a month, depending on your specific circumstances, salary, and state regulations.
For workers with permanent partial disability, compensation is typically two-thirds of their average weekly wage up to a set limit. Those with permanent total disability may receive additional benefits, potentially extending for a lifetime.
It’s important to note that there is a seven-day waiting period after a workplace injury before your employer’s insurance starts issuing payments. These benefits are paid directly to you and will continue until your physician clears you to return to work.
Can You File Your Own Workers’ Compensation Claim?
Many employees wonder if they can file their own workers’ compensation claim, especially if they suspect their employer might not fulfill their legal obligation to do so. Fortunately, it is entirely possible to file your claim.
You can do this by directly approaching the Workers’ Compensation Commission and submitting Form 50. This form allows individuals to request their benefits from the Commission directly.
While ideally, this step shouldn’t be necessary, knowing how to protect yourself and understanding your options is crucial. This ensures you remain safeguarded in any situation.
How Long After a South Carolina Workers Comp Settlement Do You Get Paid?
When you’re injured on the job in South Carolina, you might find yourself in urgent need of financial support, especially if your injuries prevent you from working. Filing a workers’ comp claim is important, but understanding the timeline from filing to receiving a settlement is equally essential.
If you have concerns about the process, consulting with an attorney at the CEO Lawyer Personal Injury Law Firm can clarify your workers’ compensation timeline.
Accepting a Settlement
After sustaining a workplace injury, it’s vital to act swiftly. You have ninety days to report the injury, after which your employer must promptly inform their insurance provider.
Once a settlement agreement is reached, certain benefits, like medical bill payments, may start immediately. However, other aspects of the coverage could take a few weeks to kick in. It’s important that these benefits begin promptly to prevent any gaps in your income.
Getting Paid After a Denial
If your claim has not yet been settled or outright denied by the insurance company, the path forward can seem unclear. Although securing compensation might take additional time, you retain the right to contest the denial.
With the assistance of a workers’ comp attorney, you can file a dispute and represent your case at a formal hearing. This process may extend the time to settle, but it provides a viable avenue to pursue the compensation you deserve for your workplace injuries.
Contact Our Worker’s Compensation Attorneys in South Carolina!
Workers’ compensation benefits in South Carolina provide crucial support for employees who experience work-related injuries or illnesses. The extent and duration of these benefits can vary, depending on the severity of the injury and the worker’s recovery progress.
Injured workers need to be aware of their rights and consider consulting with a legal expert if they have any concerns about the duration or eligibility of their workers’ compensation benefits.
If you have suffered an injury at a South Carolina workplace, you might be entitled to workers’ compensation benefits. Personal injury attorneys have experience and knowledge in representing injured workers throughout South Carolina, striving to ensure they receive the compensation they deserve following workplace accidents.
Call us today at (864) 664-3865 to find out how we can assist you at no initial cost. We will provide free one-to-one consultations and advise you in detail about worker compensation laws.
