Your Workers’ Compensation Questions, Answered : Part 1, Basics

Suffering a workplace injury can be tough. At LEIP Law in Columbia, SC, we know you have questions, and we’re here to provide answers.

Below, we’ve compiled a list of the most common questions about workers’ compensation and provided clear, straightforward explanations to help you navigate the process.

Breaking Down the Basics of Workers’ Compensation

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that provides benefits to employees who suffer job-related injuries or illnesses.

These benefits can cover:

Medical expenses
Rehabilitation
In some cases, disability payments

In South Carolina, workers’ compensation laws are designed to ensure that employees receive medical and financial support when they suffer an injury on the job.

Who Is Eligible for Workers’ Compensation in South Carolina?

Most employees in South Carolina are eligible for workers’ compensation, but there are exceptions.

Independent contractors, some agricultural workers, and casual employees may not be covered. If you’re unsure about your eligibility, consult a workers’ compensation lawyer in Columbia, SC, who can clarify your rights.

What Should I Do If I’m Injured at Work?

Seek Medical Attention: Your employer or their insurance carrier will likely direct you to an approved medical provider. In an emergency, seek the nearest medical attention possible.
Report Your Injury Immediately: Notify your employer as soon as possible. South Carolina law requires you to report workplace injuries within 90 days.
Document Everything: Keep records of the incident, your medical treatments, and any correspondence with your employer or their insurer.
Consult a Lawyer: An experienced workers’ compensation attorney in Columbia, SC, can guide you through the process and protect your rights.

Pst. Take a look at some more tips here.

Can I Choose My Own Doctor?

In South Carolina, your employer or their workers’ compensation insurance company has the right to choose your treating physician.

However, if you’re unhappy with the care you’re receiving, you may request a change. A workers’ compensation attorney can assist in making this request and ensure you get the medical attention you deserve.

What Benefits Can I Receive Through Workers’ Compensation?

Workers’ compensation benefits in South Carolina typically include:

Medical Care: Coverage for doctor visits, surgeries, prescriptions, and rehabilitation.
Temporary Total Disability (TTD): Partial wage replacement if your injury prevents you from working.
Temporary Partial Disability (TPD): Benefits if you can work but earn less due to your injury.
Permanent Disability: Compensation if your injury results in lasting impairments.
Death Benefits: Support for dependents if a workplace injury results in death.

What Are the Common Causes of Workplace Injuries?

Some of the most frequent workplace injuries include:

Slip-and-fall accidents
Repetitive motion injuries
Overexertion
Machinery accidents
Exposure to hazardous materials

Understanding these risks can help prevent accidents, but if an injury does occur, workers’ compensation is there to provide support.

How Long Do I Have to File a Workers’ Compensation Claim in South Carolina?

In South Carolina, you generally have two years from the date of your injury to file a workers’ compensation claim. However, it’s crucial to notify your employer within 90 days of the injury to preserve your rights.

How Are Workers’ Compensation Benefits Calculated?

In South Carolina, wage replacement benefits are generally two-thirds of your average weekly wage, up to a state-mandated maximum.

Other benefits, such as those for permanent disabilities, are calculated based on the nature and severity of the injury.

Do I Need a Workers’ Compensation Lawyer?

While you aren’t required to hire a lawyer to file a workers’ compensation claim, having legal representation can be incredibly beneficial, especially in cases involving: