Spartanburg, South Carolina Workers’ Compensation Attorney

Each year in South Carolina, there are tens of thousands of workers involved in workplace accidents, many of which lead to injuries, and some of which lead to deaths. These accidents and injuries are not only scary for the involved worker, but also raise questions and fears about paying for injuries and medical expenses, making up for lost wages, and being able to work in the future.

In South Carolina, the state mandates workers’ compensation insurance, which is designed to pay for injuries and illnesses that are work-related. If you have been injured on the job and have questions about workers’ compensation insurance and your rights, our experienced team at the law office of the Nowell Law Firm can help. Reach our South Carolina workers’ compensation lawyers today to learn more.

What Is Workers’ Compensation and Who’s Covered? 

Workers’ compensation is a type of mandatory, no-fault insurance coverage that most employers in South Carolina are required to carry. While there are some exemptions for certain employers and employees, such as agricultural workers, the majority of employers with four or more employees must offer workers’ compensation coverage.

This is how workers’ compensation works: the insurance offers no-fault benefits to a worker who is involved in a workplace accident or suffers a work-related injury. In exchange for no-fault benefits–which means that the worker does not have to prove the fault of any other party, nor will they be denied benefits if their own fault contributed to the accident–the worker gives up their right to sue their employer (in the vast majority of cases) and their employer retains legal immunity. 

What Does Workers’ Compensation Pay for? 

In South Carolina, workers’ compensation benefits pay for:

• Medical benefits. A worker is entitled to compensation for all of their necessary and reasonable expenses related to their work-related injury or illness. This might include doctors’ visits, hospital stays, surgeries, medications, therapy costs, and more.

• Lost wage benefits. There are many situations where a worker’s injuries will not only result in the need for medical care, but also in the necessity of missing work. When a worker misses more than seven days due to work-related injury or illness, they can receive disability pay (the first seven days are unpaid). Benefits are paid at a rate of two-thirds of the injured worker’s average weekly wage up to the maximum benefit amount per year, which changes on an annual basis.

In addition to wage replacement benefits for those who are unable to work, a worker who is able to return to work but at a position making less than they were making prior to the accident may be eligible for temporary partial disability benefits, which are calculated as two-thirds of the wage you earned before the injury and the wage you earned after the injury.

Finally, if you are found to be permanently and totally disabled, you will be eligible for disability payments for up to 500 weeks. (Some disabilities, such as paralysis, qualify for benefit payments for life.)

• Other benefits. Other benefits that may be available through workers’ compensation insurance include death benefits, vocational rehabilitation/training benefits, and mileage reimbursement benefits for costs associated with travel to and from medical care. 

How to Get Workers’ Compensation Coverage 

If you are injured at work, you need to be proactive in recovering the benefits that you’re entitled to. The very first thing that you should do is to inform your employer of the accident, in writing, immediately. While this should be done as soon as possible, you have up to 90 days to inform your employer. If you neglect to inform your employer within the 90-day time limit, you may be barred from recovery.

If your injuries do not require emergency medical care (if they do require emergency medical care, then seek emergency care first), then the second thing that you should do is see a doctor. Note that under the current law in South Carolina, your employer maintains the right to choose the physician who treats you. If you see your own doctor without your employer’s permission, then your employer will likely not be liable for paying for this expense. The only exception to this is in the event of emergency medical care.

Once you report your accident to your employer, it is your employer’s duty to file a First Report of Injury or Illness form with the South Carolina Workers’ Compensation Commission. This kickstarts the claims process. However, while your employer should do this, note that if they do not, it is your responsibility to file a claim with the commission (you have up to two years to do this).

If there are any disputes between you and your employer/employer’s representative, then a hearing will be scheduled. For example, you may request a hearing if your claim for workers’ compensation is denied, your employer fails to report your accident, or you believe that you are offered fewer benefits than you are entitled to. 

Reasons Claims Are Denied 

Unfortunately, while workers in our state deserve to be compensated for the full extent of their losses when they are injured at work, insurers are often quick to deny claims. Your claim may be denied if:

• The insurer determines that your injury/illness is not work-related;
• The insurer determines that you have a preexisting condition;
• You fail to provide your employer with notice of your injury within the required amount of time;
• The insurer determines that your injury or illness happened when you were “off the clock”;
• There is an error made in your workers’ compensation paperwork; or
• You are accused of gross negligence, which is a bar to recovery under workers’ compensation.

Our lawyers can help to make sure that your claim is not subject to any of the above pitfalls and moves through the process as smoothly as possible. We also represent claimants in third-party liability claims following workplace accidents. 

How Our South Carolina Workers’ Compensation Lawyers Can Help 

Don’t settle for less than you deserve if you are injured at work. To improve your chances of recovering the benefit amount you’re entitled to, call our experienced workers’ compensation lawyers at the office of the Nowell Law Firm directly today at (864) 707-1785. You can also visit our office in person or send us a message online requesting a free consultation.