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South Carolina workers’ compensation guide

south carolina workers compensation guide

In South Carolina, you have the right to seek medical benefits and other benefits from your employer’s insurance program if you are injured on the job. However, applying for and securing these benefits can be difficult without help from an experienced Greenville workers’ compensation lawyer.

The team at Smith Jordan Law offers this South Carolina workers’ compensation guide to help you understand when you qualify for benefits, how to report your injury, and what to do if your claim is denied. 

Who qualifies for workers’ comp in South Carolina?

The South Carolina Workers’ Compensation Commission oversees all aspects of workers’ comp insurance programs and claims. They require any employer with four or more employees to carry coverage. You don’t have to prove who was at fault for your injury to qualify for the benefits.

Those eligible for coverage include full-time, part-time, seasonal, and underage workers. You also do not have to be a documented worker to qualify for workers’ comp benefits if you’re hurt while working. 

There are some workers who can’t receive workers’ comp. If you’re not sure if you qualify, you can check with a workers’ compensation attorney in Greenville to discuss your concerns and get answers to your questions. 

What benefits does SC workers’ comp provide?

When you file a workers’ comp claim, you can receive the following benefits:

  • Medical bill coverage: All costs associated with your injury, such as emergency care, doctor visits, surgery, medication, and others, are paid by your workers’ comp insurance. 
  • Partial wages:  If you can’t work while you recover, you’ll receive 66 2/3 of your weekly wages, up to the maximum average weekly wage. This is also known as temporary disability.
  • Permanent disability: you may be eligible for permanent partial disability or general disability (i.e. wage loss or permanent and total disability) benefits.
  • Death benefits: In the event you die from your work injury, the South Carolina Code of Laws Title 42, Chapter 9 allows your family to receive benefits including funeral expense reimbursement.

Applying for workers’ comp step-by-step

It’s vital that you know what to do after you’re injured at work, as it can ensure you get the benefits you need and deserve. Here is the general process for filing a workers’ comp claim:

  • Report your injury to your supervisor or manager within 90 days.
  • If you need emergency care, get to the hospital. Otherwise, get medical care from an authorized physician on your employer’s list of approved providers. 
  • File a Form 50 to initiate your SC workers’ comp claim.
  • Follow your doctor’s orders and keep all your appointments.
  • Meet with a reputable Greenville workers’ comp attorney if you have questions about applying or submitting your claim or if your claim is denied.

Claim applications require a lot of information and documentation showing how you were hurt and what your recovery prognosis is. If you make a mistake or fail to include enough evidence, your claim could be denied or delayed. Your workers’ comp lawyer can help you complete the form correctly and be by your side if you need to file an appeal

Another option for resolving a dispute about your workers’ comp claim is mediation. This process requires less time and can usually be completed more quickly than scheduling a hearing. You and your attorney can meet with the insurance representatives and a trained mediator, who will listen to both sides and help you come to an agreement. 

Workers’ comp claims are challenging, but we are there for you

At Smith Jordan Law, we handle workers’ compensation claims every single day, and we’ve been helping hurt and vulnerable people for over 30 years. We understand all the nuances and details of getting the benefits you need when in pain. We help you get the paperwork filed for the compensation that helps you get better and return to work. 

Filing workers’ comp when you’re injured is your right, and you can’t get fired for filing a claim. Let us review your work injury claim during a free consultation at your convenience when you call (864) 343-2222 or complete our online contact form. You can meet with a dedicated Greenville workers’ compensation lawyer and get started on your case today.

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