Who Paysย South Carolina Workers Compensation Benefits?
South Carolina Workersโ Compensation benefitsย are awarded to employees who are injured on the job.
What Type of South Carolina Workersโ Compensation Benefits Can An Injured Worker Expect to Receive?
Medical Treatment
An employee who is hurt on the job in South Carolina is entitled to receive medical treatment for his or her work injury until the treating medical doctor determines you are atย maximum medicalย improvement as part of his/her South Carolina workers compensation benefits. This means that your medical treatment has reached aย point where yourย condition will remain the same and is not likely to improve.
Medical treatment may also be needed after reaching maximum medical improvement in order to maintain your functioning at that level. If this is the case, the employerโs insurance company is also responsible for any further treatment that may prevent the employeeโs condition from becoming worse. It is important to understand that in South Carolina, an ย employer is entitled to select the medical doctor who will provide care related to your workers compensation claim.
In addition to receiving medical treatment, A South Carolinaย employee who is injured on the job and receiving South Carolina workersโ compensation benefits is also entitled to reimbursement for all medical-related expenses relatedย to the injury. This includes mileage traveling to and from the doctorโs office, over-the-counter, and prescription medicines.
If you were hurt on the job inย South Carolina, it is extremely important to keep all of your medical bills, receipts for prescriptions and medication, as well as any notes from your doctor related to his or her recommended course of treatment. This will help ensure that you are completely reimbursed for your medical expenses and receive these South Carolina workersโ compensation benefits.
If there is a dispute over access to specialists or treatment options, you should strongly consider hiring a Columbia, South Carolina workers compensation attorney. ย Your SC workers comp attorney canย file a claim/ request a hearingย with the South Carolina Workersโ Compensation Commission and fight for your South Carolina workersโ compensation benefits. If you are having trouble securing the medical treatment that you need, our South Carolina workers compensation attorneys offer a freeย case evaluation to help you understand your options.
Financial Compensation
You will be paid once a week at a reduced rate while you are recovering from your injury.
A medical doctor must authorize you to be out of work in order for you to receive any South Carolina Workersโ Compensation benefits. If your appointed medical doctor tells you that you must remain out of work for over 7 days, you should receive weekly benefits beginning on the 8th day. However, if you remain out of work for more than 14 days, you are allowed to receive weekly benefits beginning the first day your doctor took you out of work. This is known as theย waiting period.
Allย injured workers will receive 2/3 of their normal weekly wagesย as determined based upon the four quarters preceding your injury. If you were working two or more jobs at the time of the accident, compensation received from both jobs will be included as part of the average weekly wage and compensation rate. The compensation rate is subject to a maximum amount set by the South Carolina Workers Compensation Commission.
How Long Will Benefits Last?
The length of time set for your weekly financial benefits is determined uponย your disability or impairment designation.ย Your disability designation is based on reports from your medical doctor, assigned to you by your employers Workmansโ Comp Insurer. Other doctors you selected from their network, includingย specialists, also contribute to the final outcome of your designation. (You canย dispute your designation.)
What is My South Carolina Workers Compensation Case Worth?
In South Carolina, there are specific compensation amounts tied to each loss (eyesight, limb, finger, use of back) and disfigurement, as written into theย S.C. Code of Laws, Sect. 42, Ch 9.
If youโve beenย denied workersโ comp benefitsย contact Strom Law for immediate help.
Workmansโ Comp Designations include:
Total Disability Benefits (Temporary or Permanent)
Total disability is defined as a complete inability to work, whether this inability is temporary or proves to be permanent. Under South Carolina workers compensation laws, total disability benefits may beย approved for a maximum of 500 weeks at the standard Workersโ Comp rate of sixty-six and 2/3 percent of your average weekly income.
Aย disabled employee may also apply forย Social Security Disability Benefitsย under certain conditions.
Lifetime Benefits:
If you have been hurt on the job and your injuries have left youย totally and permanently disabled, South Carolina workers compensation benefits will be paid for life. On the job injuries which lead to lifetime benefits may include an accident which leaves you a paraplegic, a quadriplegic, or with physical brain damage. The five-hundred-week limitation does not apply.
Partial Disability Benefits (Temporary or Permanent)
Most often, a partial disability designation is reached following improvement from a total disability designation. ย If you are partially disabled, you may not be able to perform in the same job.
In the case of partial disability, the employer is responsible for paying a weekly compensation that will equal 66 and 2/3% of the difference between the employeeโs average weekly wage before the his or her injury and the average weekly wage the employee will be able to earn after his or her injury. As the employee, you will be entitled to this additional compensation for a maximum of 340 weeks.
To initiate partial disability benefits, your doctor will release you toย return to light duty or work part-timeย while you are recovering from a workplace injury.
If you disagree with this work releaseย and feel it would increase pain or worsen your condition, you will have toย file a claim with the SC Workersโ Comp Commissionย to request a hearing on the dispute. If you have been hurt on the job, and do not feel that you should return to work, you contact our South Carolina workers compensation attorneys. ย for a no-cost consultation.ย Weโll even answer your questions over the phone.
South Carolina Workers Compensation Death Benefits
In South Carolina, workersโ compensation allows for financial benefits to dependents or parents of aย deceased employee. Learn More aboutย Workersโ Compensation Death Benefits.
The Strom Law Firm, LLC understands the impact that a work related injury or death has upon you and your loved ones. The most important thing you need to focus on is a speedy recovery. You need an advocate who will seek justice on your behalf.