SC Injured Worker Fast Facts

What You Should Know If You Are An SC Injured Worker:

  • If you are injured on the job in South Carolina, you have 90 days to inform your employer of your injury.  There are exceptions to the general rule, including situations where a disease or illness did not develop until after exposure.   Once your employer is notified, you must file a SC workers’ comp claim with the Workers’ Compensation Commission within 2 years of the accident in order to receive benefits.
  • If you are an SC injured worker and your check is late, you do have some recourse.  South Carolina workers’ comp law requires your employer to pay you on time.  Your employer may be fined for each day that it does not pay you.  We will seek an order from the SC Workers Compensation Commission on your behalf ordering your employer to pay you on time.
  • In SC, employers who employ four or more employees, including part time employees, are responsible for obtaining SC workers compensation insurance from a workers’ comp insurance carrier.
  • Unless an employer is self insured, the SC workers comp insurance carrier actually pays the medical and disability benefits claimed from a workplace injury.
  • The term self-insured refers to a large employer who is financially able to act as its own workers compensation insurance company.
  • The workers compensation act covers accidents and injuries for SC injured workers.  In other words, if you are hurt on the job, no matter whether you are dealing with recurring or chronic problems such as carpal tunnel syndrome or chronic back pain, your SC workers’ comp compensation is governed under the South Carolina workers’ compensation act.
  • An employer may deny a SC workman’s compensation claim of an employee who was intoxicated or using illegal drugs at the time of the SC workplace accident.
  • A SC workers compensation claim may be denied if:
    • The injuries were self-inflicted
    • The accident occurred while the employee was committing a serious crime
    • an employee was not on the job
    • the employee’s conduct that caused the accident violated company policy.

Release to light duty work

If you return to light duty or work part-time while you are recovering from a SC workplace injury, you will be entitled to compensation if your wages are less than the normal rate that you received before you were hurt on the job. You will be compensated at two-thirds of the difference between the rate you received before you got hurt and what you are making while on light duty or working reduced hours. You are entitled to this additional compensation until you reach maximum medical improvement.

The Strom Law Firm, LLC understands the impact that a work related injury or death has upon an SC injured worker.  The most important thing you need to focus on is a speedy recovery. You need an advocate who will seek justice on your behalf. Contact one of the workers comp attorneys at the Strom Law Firm, LLC for a free consultation to discuss your legal rights.

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