If you’ve been hurt on the job in South Carolina, you may be entitled to workers’ compensation benefits. Benefits may include medical care, wage replacement, and more, but only certain injuries qualify, and the process can be complex.
An experienced Greenville workers’ compensation attorney at Smith Jordan Law can help you fight for the benefits you’re entitled to under state law. Here’s what you need to know about what workers’ comp covers and how to protect your rights.
A wide range of injuries qualify for workers’ compensation
Under Section § 42-1-160 of the South Carolina Code of Laws, workers’ compensation covers accidental work-related injury or illness arising out of and in the course of employment.
Common examples include:
- Sprains, strains, and soft tissue injuries
- Broken bones and crush injuries
- Amputations
- Back and spinal injuries
- Slip and fall injuries
- Injuries caused by falling objects or machinery
- Repetitive trauma injuries, like carpal tunnel syndrome, may also be covered, but only if they meet strict medical and legal requirements under South Carolina law
These injuries must be “arising out of and in the course of employment,” meaning they need to be directly tied to your job duties or workplace conditions (see SC Code § 42‑1‑160(A)). Because South Carolina’s workers’ compensation system does not require proof of employer negligence (“fault”) for many claims, you may still qualify for benefits even if the accident was partially your own. Just be aware that certain situations (for example, intentional injury or intoxication) may still disqualify a claim.
Mental health conditions may be compensable
South Carolina workers’ compensation law does allow for coverage of mental health conditions, but only under very limited circumstances. According to South Carolina Code § 42-1-160, mental injuries like anxiety, depression, or post-traumatic stress disorder (PTSD) are not automatically compensable, especially if there is no accompanying physical injury.
If your mental health condition stems from a physical injury (for example, developing depression after a serious back injury), it may also be covered, but the link has to be documented by your authorized doctor or a qualified mental health provider.
What benefits does workers’ comp provide?
Wage and medical benefits for injured workers
Most injured workers receive two-thirds of their average weekly wage, up to a cap set annually by the state. These benefits usually last up to 500 weeks, unless the injury is catastrophic, like permanent brain damage or paralysis, which may qualify for lifetime payments under § 42-9-10.
Medical treatment expenses are also covered, but only if your employer or their insurance carrier authorizes your treatment. Emergency care is generally reimbursed, but follow-ups have to be approved. If your injury leads to permanent loss of use of a body part, more compensation may be available under § 42-9-30.
If someone other than your employer caused your injury, like a subcontractor or equipment manufacturer, you may also have a third-party personal injury claim in addition to your workers’ comp case.
Death benefits for families
If a work-related accident leads to death, surviving dependents may be eligible for death benefits under SC Code § 42-9-290. This includes weekly payments equal to 66 ⅔% of the deceased worker’s wages, with a minimum of $75 per week, paid for up to 500 weeks. Funeral expenses up to $12,000 are also covered.
Dependents may include a surviving spouse, minor children, full-time students up to age 23, or disabled children of any age. These benefits can provide vital financial support during an incredibly difficult time.
South Carolina law determines who chooses your doctor
In South Carolina, your employer or their insurance carrier has the right to choose your treating doctor. If you go to a provider without their authorization, your medical bills may not be covered, even if you were referred by the ER.
That said, if you’re unhappy with the doctor selected, you can ask to switch. If the request is denied, you can file a request for a hearing with the South Carolina Workers’ Compensation Commission. For follow-up care, always confirm that appointments are authorized before proceeding.
What happens if your workers’ comp claim is denied?
Not all workers’ compensation claims in South Carolina are approved on the first try. Some common reasons for workers’ comp denial include failing to report your injury within 90 days to your employer (as required by SC Code § 42-15-20), missing the two-year deadline to formally file your claim with the Commission (SC Code § 42-15-40), or seeking treatment from a medical provider not authorized by your employer or their insurance representative.
If your claim is denied, you can request a hearing by submitting a Form 50 to the Workers’ Compensation Commission. A Commissioner will review the evidence and decide whether benefits should be awarded.
Speak with Smith Jordan Law about your workers’ compensation claim
Workers’ compensation claims in South Carolina can be challenging, especially when you’re in pain and not getting clear answers from your employer or their insurance company. The experienced workers’ compensation attorneys at Smith Jordan Law can help you understand your rights, file a workers’ compensation claim properly, challenge a denial, and work to maximize the benefits available to you. Call Smith Jordan Law at (864) 343-2222 or contact us online to schedule a free case consultation today.