South Carolina Workers’ Compensation Benefits
Under South Carolina workers’ compensation law, injured employees may qualify for certain benefits. Eligibility is based on the employee working for a covered employer and the injuries must arise in the course of employment:
Medical care and treatment – Injured workers may receive medical attention and treatment until they reach what the law calls maximum medical treatment. As part of this treatment, the worker is eligible for mileage to and from the doctor’s office. The employer’s insurance carrier usually has priority in choosing the doctor, and any disagreements can be brought before the Workers’ Compensation Commission.
Temporary Total Disability Payments – Injured workers who are unable to work are eligible for weekly payments equal to 2/3 of their average weekly wages (called the “compensation rate”) until such time as they reach maximum medical improvement.
Compensation for Permanent Impairment – After the injured worker reaches maximum medical improvement, he is eligible for payment for any permanent impairment. The amount of the payment is determined taking into account the rate of compensation, the percentage of disability and the specific parts of the body involved.
Additional benefits are also available for those who are permanently and totally disabled, or for employees who died as a result of the injury.
To be eligible for these benefits it is necessary for the employee to notify their supervisor as soon as possible after their injury. The employer must then notify their insurer of the claim and advise the employee on how to initiate medical treatment. This is usually done through a local emergency room or urgent care center. In the event that the employer does not have insurance, or the insurance company does not authorize the medical treatment, it will be necessary to file a claim directly with the Workers’ Compensation Commission. Claims are resolved through administrative hearings or informal conferences, not through a courtroom trial. Employees who have questions about their rights or eligibility for benefits should always consult with a qualified workers’ compensation attorney.