Injured on the Job? Here Are Some Answers
How Long Do I have to Report a Workers Comp Injury?
Under South Carolina Law you have 90 days to report an injury from the date you knew, or should have known, you had the injury. Repetitive Trauma cases like carpal tunnel or others can be tricky as to the 90 day requirement. Note: the longer you wait to report any injury the more likely it is the insurance company will use the delay against you.
How Long Do I have to File a Claim for Workers’ Compensation?
In South Carolina you have two (2) years to file a claim with the South Carolina Workers’ Compensation Commission. This is NOT the same as reporting it to your job or to the insurance company. You MUST establish a claim with the Workers Comp Commission in Columbia, SC.
My Employer Says He Doesn’t Have Workers Comp Insurance. What do I do?
If an employer has 4 or more regularly employed workers then he/she must carry workers comp insurance coverage. If they do not, then there is a State Fund set up to pay these claims and the employer will have to reimburse that Fund for your on the job injury. You are still protected but will likely need a lawyer to assist.
My Employer Says I am an independent Contractor So I don’t get Workers Comp. Is this true?
Depends. Many employers think that simply because they pay someone under a 1099 form that makes them an independent contractor. This is not true. There is a test in South Carolina to determine if you are in fact an independent contractor (no comp) or a statutory employer (yes comp) and all centers around your boss’s control of you. The 4 factors are:
- Direct Evidence of Right or Exercise of Control- I.e. Who sets work schedule, who tells you where to go, who tells you what to do, etc.
- Method of Payment- Cash, Check
- Furnishing of Equipment or Tools
- Right to Fire The Injured Worker
Who Pays My Medical Care for an On the Job Injury?
If the claim is accepted then the insurance company “should” pay 100% of all casually related authorized medical care. This means any doctors they send you to that they should pay the bill. If you are getting an invoice for any amount this may not be correct.
Can I Pick My Own Doctor?
Not if you want workers’ comp to pay the bill. If it is an admitted case then you have must go to their doctor in order to have that bill paid. I am of the mindset you are always entitled to go to your own doctor but don’t expect that bill to be paid by the workers comp insurance carrier.
What if I have Other Questions that Aren’t Answered here?
That’s easy. Schedule a free workers comp injury consultation where I will personally sit down with you and answer all of your questions.