Workers’ Compensation Attorney in Myrtle Beach, South Carolina

Financial Protection for Injured Workers

South Carolina, like most states, offers financial protection for workers who are injured or killed on the job. In South Carolina, workers’ compensation benefits are defined by statute. Under the South Carolina Workers’ Compensation Law, an injured worker can recover medical expenses, lost earnings, and benefits for permanent impairment/loss of use of an injured body part, among other benefits. If a worker has been injured in an accident arising out of and in the course of their employment, they are entitled to benefits under the South Carolina Workers’ Compensation Law.

The South Carolina Workers’ Compensation Law is detailed and complex. It can be hard to navigate alone, without the assistance of experienced counsel. In order to be successful in your claim for workers’ compensation benefits, it is important to have an experienced lawyer who knows how to prove your claim, to obtain maximum recovery on your behalf.

South Carolina Workers’ Compensation Law will pay for:

Reasonable & necessary medical care
Wages lost while you are unable to work
Permanent disability
Disfigurement, physical impairment/loss of use, and loss of limbs
Reimbursement for certain mileage costs to see your doctor or pick up prescriptions
Death benefits

Establishing Compensability

In order to obtain workers’ compensation benefits, an injured worker must establish that they were injured, and that the injury happened while at work. While this may sound simple, it is not always as clear cut as it may seem. South Carolina uses the “course and scope” of employment standard to assess whether an injury occurred at work. In order to satisfy this standard, an injury does not actually need to occur on an employer’s job site to be eligible for workers’ compensation benefits. To be compensable, an injury must have occurred within the “course and scope” of an injured workers’ job. South Carolina defines “course and scope” as an employee activity which is done in furtherance of the interests of their employer.

South Carolina Workers’ Compensation Law is a “No-fault” System

South Carolina Workers’ Compensation laws do not weigh negligence, or assess fault, in determining whether you are entitled to compensation for your on-the-job injury. Your negligence will not prevent you from recovering damages, if you were injured at work. However, a workers’ compensation claim may be barred due to intoxication, horseplay, fraud, and other defenses. South Carolina’s workers’ compensation laws simply state that you are entitled to losses that result from your work-related injury that occurred in the “course and scope” of your employment. Unless you intentionally hurt yourself, were injured due to your own intoxication, or engaged in fraud, you may be entitled to compensation for work related injuries that occurred in the course and scope of your employment. An experienced South Carolina workers’ compensation attorney can help you pursue all the workers’ compensation benefits the law of South Carolina provides.

Pre-existing Conditions Worsened by a Work Accident

Often employees believe that they cannot file a workers’ compensation claim, if their injury is related to a pre-existing condition. However, this is not accurate. If a pre-existing condition was worsened due to a workplace accident or illness, then you have the right to file a claim for workers’ compensation benefits.

Who is Required to Maintain Workers’ Compensation Insurance in South Carolina?

As a general rule, businesses that regularly employ four or more employees within South Carolina are required to maintain workers’ compensation coverage. Part-time workers and family members are counted as employees. Exemptions include the following: Casual employees; businesses employing less than 4 employees or businesses with an annual payroll of less than $3,000.00; agricultural employees; a state and county fair association; railroads and railway express companies; and Federal employees. Also exempt are owner-operator drivers and certain commission-paid real estate agents, working for a broker.

Benefits Available Under South Carolina Workers’ Compensation Law

In South Carolina, there are several different types of workers’ compensation benefits available. Specifically, injured workers may be entitled to benefits for:

Medical Expenses

South Carolina workers’ compensation will cover the full cost of your reasonable and necessary medical treatment likely to lessen your disability. This is often a very important benefit for injured workers. Unfortunately, in many cases, recovering entitled medical benefits is not always easy. Necessary medical treatment is fully covered under South Carolina Workers’ Compensation Law. However, disputes frequently arise, for two primary reasons. The first reason why a dispute may arise is over what is “necessary” medical treatment, and the second reason that a dispute may arise is whether the injury is work-related.

Medical costs can be incredibly expensive. Injured workers deserve to have all of their medical costs covered. In the event of a dispute, an experienced attorney can help you make that happen. An employer may also choose to pay for medical treatment for any period where the injured worker is unable to return to his or her pre-injury employment. If the employer chooses to do so, the worker cannot refuse medical treatment, unless there is a reasonable basis for doing so.

In South Carolina, workers’ compensation generally pays for necessary medical treatment, including surgery, hospitalization, physical therapy, medical supplies, prosthetic devices, and prescriptions.

Lost wages

Many injured workers are forced to miss time on the job as a result of their injuries. South Carolina Workers’ Compensation Law provides lost wage benefits for workers who miss time from work as a result of their injury. Wage replacement benefits are paid at sixty-six and two-thirds percent of the injured workers’ average weekly wage up to the maximum compensation rate that is set by the Workers’ Compensation Commission. The maximum weekly workers’ compensation benefit available for accidents occurring in 2023 is $1,035.00 per week. Higher income earners could be affected by this maximum limit.

A worker’s average weekly wage is determined by averaging the worker’s earnings for the 52 weeks prior to the accident. Benefits under the Workers’ Compensation Law are payable up to a maximum of 500 weeks unless the worker is found to be permanently disabled.

South Carolina Law requires a seven-day waiting period before workers’ compensation wage loss benefits can be paid. If you are out of work for more than 14 days, you will receive compensation even for the first seven days out of work due to your injury.

Long-term Disability & Permanent Impairment

In cases involving serious injuries resulting in permanent disability, wage benefits may be available on a permanent basis. In permanent total disability cases benefits can exceed the 500 weeks limitation under the Law.

Payments of compensation are also available for permanent impairments to defined body parts. The law sets out the maximum benefits that are payable under the law based upon the body part that is injured. Benefits for permanent impairments are determined by an impairment rating prepared by a physician.

How do I Report a Work Injury?

If you are injured at work, report all injuries to your employer immediately, and request medical treatment, if needed. Under South Carolina law, if you neglect to report a workplace injury within 90 days of the date of accident, you may lose your benefits. It is important to note that although you have up to 90 days to report a workplace injury, it is very important that the injury be reported as quickly as possible, to prevent the employer from claiming that the alleged injury did not occur.

Filing a Claim for Benefits for a Workplace Injury in South Carolina

Although you must report the injury within 90 days, you have up to two (2) years to file a claim for workers’ compensation benefits in South Carolina. If a worker dies as a result of work-related injuries, the workers’ dependents, or parents if there are no dependents, must file a claim for benefits within two years.

If your employer does not report your accident, denies your injury by accident, or if you believe you did not receive all the benefits you are entitled to receive, you should file a workers’ compensation claim. Due to the complexity of the workers’ compensation system, you should retain an experienced attorney who can file a claim on your behalf, in order to obtain all workers’ compensation benefits that you are entitled to receive. To file a claim for workers’ compensation benefits in South Carolina, a Form 50 or Form 52 must be submitted to the Commission.

South Carolina Third Party Workers’ Compensation Claims

Workers’ compensation is generally the sole remedy for injured employees. However, there are some limited exceptions. For example, if you were injured on the job due to the action of a third party, meaning not you or your employer, you may be able to file a personal injury lawsuit. For example, if you were injured in a car accident, due to the negligence of a third party, while acting within the scope of your employment, you likely have two claims to pursue. One claim could be filed against your employer’s workers’ compensation insurance carrier. A second claim could be filed against the third party at-fault driver who caused the accident. Third party civil actions allow you to recover additional damages that are not recoverable in workers’ compensation cases, such as damages for pain and suffering, i.e. mental and emotional anguish, physical pain, and lost enjoyment of life. These additional damages are recoverable only in a third-party liability suits, and are designed to give you back the life you enjoyed, prior to your injury.

Repetitive Motion Injuries

Repetitive movements at work can lead to injuries. Repetitive motion injuries can result in damaged muscles, nerves, and tendons over time. These injuries are sometimes referred to as repetitive motion injuries, repetitive stress injuries, or repetitive motion disorders. These injuries can be debilitating, and can be temporary or permanent, depending on their severity.

Repetitive motion injuries can be caused by a variety of conditions. For example, carpal tunnel syndrome can be caused by repetitive motions in the wrists like typing. When the muscles, nerves, and tendons of the body are overused, the risk of a repetitive motion injury dramatically increases. Some of the known repetitive movements that can cause repetitive stress or repetitive motion injuries include:

Stressing the same muscles through repetitive motions
Maintaining the same posture for long periods of time
Maintaining an abnormal posture for an extended period of time, such as holding your arms over your head
Regular lifting of heavy objects

Settlement of Workers’ Compensation Claims in South Carolina

Some Workers’ Compensation Claims can be resolved by a full and final settlement. In most cases, settlement will foreclose any future entitlement to medical benefits under the law. Settlements are usually the preferred method for wrapping up workers’ compensation claims that have matured because they alleviate risk and uncertainty associated with long term management of these claims.

Schedule a Free Consultation

If you have been injured in a work accident, call our office to schedule a free consultation. We can help you understand your rights, file a claim for compensation, and help you prepare your case.