When a person is injured on the job in South Carolina, they may be entitled to workers’ compensation benefits. Occasionally, an employer will try to take advantage of an employee’s unfamiliarity with South Carolina’s workers’ compensation system to avoid paying a fair settlement. In cases where a workplace accident results in a person being killed or permanently disabled, it is especially important to consult with an experienced workers’ compensation attorney. Here is an overview of the workers’ compensation process in South Carolina.
Filing a Workers’ Comp Claim in South Carolina
When a South Carolina worker is injured on the job, he has 90 days from the time of injury to notify his employer. He should seek medical attention for the injury right away from a physician approved by his employer. The employer will report the injury to theSouth Carolina Workers’ Compensation Commission within 10 days of receiving notice of the injury.
If the employer files the paperwork on time and accepts the claim, the employee should receive compensation for all medical bills and expenses, as well as lost wages. There is a 7-day waiting period before the employee will be reimbursed. Generally, you must be out of work more than seven days to receive compensation for time off work. However, if you do miss more than a week of work, you will be compensated for the entire time you are out of work.
If the employer does not report the claim, denies the claim, or does not offer fair compensation, the employee can file his own claim with the SC Workers’ Compensation Commission. The paperwork and $25 filing fee must be submitted within two years of the accident.
At this point, parties are often encouraged or ordered to attend mediation, usually within 60 days of filing a claim. If the employer and employee (and their attorneys) can reach an agreement on fair compensation, the employee receives a settlement. If the parties cannot come to a settlement, the parties are granted a hearing in front of the commission. The commission will make a decision on the claim.
Appealing a South Carolina Workers’ Compensation Commission Decision
If either party disagrees with the commission’s ruling, they have two weeks (14 days) tofile an appeal along with a $150 filing fee. The appeal will be heard in front of a 3-person panel at the commission. If either party wishes to appeal this decision, he has 30 days to file a Notice of Appeal with the South Carolina Court of Appeals. If this does not produce a satisfying result, the parties technically have the option to appeal again, to the South Carolina Supreme Court. However, it is rare for a workers’ compensation claim to reach this stage in the appeals process.
Injured on the Job? Get Help Today
If you are experiencing difficulty receiving fair compensation from your employer after a workplace injury, contact the experienced attorneys at Klok Law Firm, LLC. We help workers in Mt. Pleasant and the Charleston, SC area receive the treatment they deserve.