Like any other state, South Carolina has a workers’ compensation program that provides medical benefits to employees who sustain work-related injuries and suffer from work-related illnesses. It also covers wage replacements and disability benefits. Employers are required to give the workers’ compensation cover, and all employees are eligible apart from those employed in a business with less than four workers, railroad, and federal employees.
A profound understanding of how South Carolina workers comp works is essential for any employee. Below is a detailed guideline for this process.
1. Report your Injury
To initiate the South Carolina workers comp claim process. You need to report your injury to your employer as soon as possible and within 90 days, and failure to do so may affect your workers’ comp benefits and may be disqualified. After an injury/accident, resist the thought of toughening it out because what seems like a minor injury/accident could become severe. Report any injury, even if minor.
When reporting, ensure you follow your company’s formal reporting procedure, and in cases where these are not available, report to your supervisor, human resource manager, or manager in writing. You can file your claim within two years of your injury. Your employer has ten days to notify the South Carolina Workers’ Compensation Commission, which oversees the payment of benefits. Once your claim is reviewed, the benefits are awarded.
2. Get Treatment and Compensation
After reporting and your claim is accepted, the workers’ comp benefits cover any medical treatment related to your work accident. The doctor is chosen by the workers’ comp insurance carrier company, and often requests to see another doctor or seek a second opinion are repeatedly denied.
If you cannot go to work for more than seven days because of the injuries, you get 2/3 of your wages, and if it takes more than two weeks, you also get compensated. Any lost wages are also replaced, and if you become disabled, you are eligible for disability compensation. The state’s average weekly salary limits disability compensation during the accident.
In case of death resulting from work, the workers’ dependents, parents, or spouses can claim benefits within two years of death and may be eligible for death benefits. You can also claim workers’ comp benefits if a pre-existing medical condition becomes worse due to a work illness/ injury.
3. Hearing at the South Carolina Workers’ Compensation Commission
Any disputes from your claim, like your employer denying that your injury/illness is not work-related or the insurance carrier refusing to pay your benefits as dictated by the South Carolina law, you have the right to ask for a hearing at the commission. The first hearing will be set before a judge, and while the legal process can be complicated, it is best to be adequately prepared to prevent the case from getting thrown out. You can also hire an attorney specializing in South Carolina workers comp claims.
Conclusion
More often than not, most South Carolina workers’ comp disputes are solved out of court but knowing the procedure is critical for any worker. As a worker in South Carolina, you are entitled to the workers’ comp benefit. Following the above process will ensure you receive your benefits if you are injured at work or suffer from a work-related illness.