Law

How Does Workman’s Compensation Work in South Carolina?

Workers’ compensation is a system designed to help workers in all different types of industries who become hurt or sick on the job by providing them with various benefits from medical coverage to lost wages. In South Carolina, employers are required to carry workers’ compensation insurance, and the South Carolina Workers’ Compensation Commission is responsible for overseeing and enforcing the state’s workers’ compensation regulations.

Just a few examples include the fact that employers in South Carolina are required to post notices regarding workers’ compensation rights and benefits in a prominent location in the workplace. Employers who fail to carry this coverage may face fines and other penalties and may be liable for damages if an employee is injured on the job.

The process for filing a workman’s comp SC typically involves the following steps:

The injury/illness must be reported.

The injured worker must report the injury to their employer within 90 days of the accident or onset of the illness. Failure to report the injury within this timeframe may result in delays and/or denial of the claim.

The employee needs to seek medical attention.

The injured worker should seek medical attention as soon as possible following the accident or the onset of sickness. The employer may provide a list of approved doctors or medical providers from which the injured/ill worker must choose for treatment.

A claim must be filed.

The injured worker must file a claim for workers’ compensation benefits with the South Carolina Workers’ Compensation Commission. The claim must be filed within two years of the incident or the time the employee became sick, or within two years of the date the worker knew or should have known that the injury/illness was related to their job.

There will be an investigation.

Once the claim is filed, the Workers’ Compensation Commission will investigate to determine the validity of the claim. The employer’s insurance carrier may also conduct its own investigation.

There will be a benefit determination.

If the committee approves the claim, the injured worker may be entitled to a wide range of benefits, including wage replacement, medical treatment and rehabilitation, disability and in the worst cases, death benefits. The number of benefits workman’s comp in SC provides will depend on the severity of the issues and how it affects the worker’s ability to perform job duties or work at all.

There may be a dispute resolution.

If the claim is denied or if the employee disagrees with the amount awarded, they may request a hearing before the Workers’ Compensation Commission. The hearing will be conducted by a commissioner who will hear evidence from both parties and make a decision regarding the claim.

It is important to note that in South Carolina, workers compensation benefits are typically the sole remedy available to injured workers. This means that workers who receive compensation benefits are generally prohibited from suing their employer for damages related to the issue.

Complying with Workman’s Comp in SC

There is a lot that goes into the process of South Carolina’s workers comp procedure and enforcement. Owners and/or employers are smart to partner with a quality insurance provider that can guide and advise them throughout the process.

If you have any questions, please ask below!