Workers’ Compensation

If you are injuries on the job, you may be entitled to compensation to include medical treatment, lost wages, and permanent impairment or damage from the injury. In most circumstances unless you intentionally hurt yourself, were intoxicated, or committing fraud, you should qualify for benefits.

While you are under doctor’s care for your work related injury, your employer should accommodate any required restrictions to allow you to continue doing your job or provide weekly compensation for the lost wages if your injuries prevent you from working or your employer can’t accommodate medical restrictions to allow you to work.  The weekly compensation is 66 2/3% of your average weekly wage using the 4 quarters prior to your injury with a maximum determined by the South Carolina Department of Employment and Workforce. 

Employees are also protected from being terminated from employment because of filing a workers’ compensation claim. South Carolina law protects employees from being fired in retaliation for filing a workers compensation claim for a work related injury.  This is a separate claim in addition to the workers’ compensation claim.   

Generally, South Carolina requires larger employers, i.e., those who regularly employ four or more employees, to have workers’ compensation insurance to cover such injuries to protect employees and employers alike.  It allows employees to be compensated and employers to cover the costs of compensation without affecting the company’s bottom line.  However, unlike other personal injury claims, workers’ compensation does not provide compensation for pain and suffering related to your injuries.

There are deadlines reporting the injury to your employer and filing a claim with the Workers’ Compensation Commission to avoid losing your rights to benefits. You should talk to an experienced attorney to protect your rights. The consultation and case evaluation are free and you pay no legal fees unless you win your case. Call 803-929-0577 today.