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Employee rights under South Carolina workers’ compensation law

Employers in South Carolina are subject to a number of requirements regarding workplace safety. However, nothing can completely eliminate all workplace hazards, and every worker runs some risk of getting injured on the job.

For this reason, it is important for everyone to take time to learn about their rights under South Carolina's workers' compensation law. Workers' compensation provides benefits when a person is injured in a workplace accident or develops a work-related illness or disability.

When does workers' compensation apply?

Workers' compensation benefits are available for injuries that occur in the course and scope of a person's employment. Essentially, this means that a worker must have been injured while he or she was advancing the employer's business interests.

Since workers' compensation is a no-fault system, employees are not required to show that their injury was caused by the employer's negligence. Similarly, employees can recover benefits even if they were partially at fault for causing the accident.

One of the most difficult areas in workers' compensation is when an individual sustains an injury from repetitive activities. In those situations, it is required that a physician relate the work activities to the medical condition. Therefore, if you suspect that the work is causing your , neck, back, elbow, shoulder and/or knee to hurt or your wrist to hurt (carpal tunnel syndrome) you must see your doctor and tell him/her that your condition/injury is related to your work activities. At that time be ready to tell the doctor how the repetitive activities that you perform as part of your regular duties caused the physical conditions. Failure to report to the doctor this is related to your work or caused by your work and to then report to your employer that the repetitive work is causing your problems may be fatal to your claim and it will most likely be denied by your employer.

What benefits are available?

Workers' compensation will pay for all reasonable medical care needed to treat the injury, including physician visits, medication, surgery, physical therapy and prosthetic devices. Medical benefits will usually be cut off once the employee is deemed to have reached maximum medical improvement. If the employer or insurance company requires employees to use a certain medical provider, employees may be ineligible for benefits if they choose to go somewhere else.

In addition, workers' compensation will provide wage-replacement benefits to employees whose injuries prevent them from returning to work. Injured workers are eligible to receive two-thirds of their average weekly wage, subject to a statewide maximum of $743.72 for 2013.

Employees who become permanently disabled may also be entitled to benefits for total or partial disability for a maximum of up to 500 weeks of benefits.

Making a workers' compensation claim

Work-related injuries or illnesses should be reported to the employer as soon as possible after they are discovered. However, if you fail to give notice within 90 days of the date of the accident, you will not be entitled to workers' compensation benefits. Workers should also request medical treatment at this time. The employer will send notice to its insurance company, which will report the claim to the South Carolina Workers' Compensation Commission. You should always ask for a copy of the accident report and First Report of Injury, Form 12A.

Returning to work

At a certain point, the medical provider will authorize the employee to return to work. In some cases, the employee will not be ready to return to his or her previous job, but will be authorized for light duty. Employees must accept light duty work or risk losing their benefits. If your physician suggests that you return to work with restrictions, make sure your doctor understands what you do in your job and discuss with him/her if you can safely return to that work. Also, be careful that when you are instructed to return to work that you report immediately to your employer so that you are not mistakenly terminated from your employment for failure to report within company attendance policies.

Contacting an attorney

Injured workers should contact an experienced workers' compensation attorney if their claim has been denied or if benefits have been terminated before they are ready to return to work. Most workers' compensation attorneys use contingency fee arrangements, meaning that clients do not incur legal fees until the attorney recovers compensation on their behalf.

Skilled Attorney

David Yokel is dedicated to effectively handling your case. He is a skilled negotiator and in-court advocate who will seek the best possible outcome for you and your family. He is direct in his approach and in the advice he provides. Whether your case requires fighting against an insurance company for fair compensation or standing up to a spouse in a difficult divorce, you can rely on David Yokel to be by your side every step of the way.

David M. Yokel, Attorney at Law

From Greenville, South Carolina, David Yokel serves clients throughout Upstate South Carolina and Spartanburg, with their Personal Injury, Family Law, and Work Injury matters.

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