Frequently Asked Workers Compensation Questions

If your employer denies your claim or you are refused medical treatment, then you have two years to file a claim with the South Carolina Workers’ Compensation Commission by filing a Form 50. An experienced South Carolina workers’ comp lawyer can assist.

No. This is known as retaliatory discharge and could subject the employer to additional legal action or a lawsuit. South Carolina is an “at will” state so an employer can fire you for other reasons but not because you were injured or are disabled.

Yes. In South Carolina workers’ compensation, the employer/carrier has the right to direct medical treatment and pick the doctors. You must follow medical treatment recommendations or your benefits could stop. Most of the time you can have a second opinion but again, it will be with the doctor the carrier chooses. There are times when the employee can obtain their own opinion from a medical doctor.

If you have a South Carolina workers’ compensation injury and you travel more than ten (10) miles roundtrip to and from the doctor, then you are entitled to mileage reimbursement to and from the doctor at the current rate which is now $.555 cents per mile.

According to the South Carolina Workers’ Compensation Commission, there were 62,213 workplace injuries reported in fiscal year 2012-2013, the most recent time for which data is available. The staggering number of workplace injuries shows that on-the-job injuries can affect people across all professions. As such, it is important for all South Carolina workers to understand their legal rights after they have sustained an injury in the workplace.

South Carolina’s Workers’ Compensation Act ensures that employees who are injured or die because of an “accident arising out of and in the course of his or her employment” will receive certain benefits without having to prove that the employer was at fault for the accident. One of the primary benefits to which injured employees are entitled is compensation for medical care to treat all injuries resulting from the accident, including doctor visits, hospital stays, medication, surgery, prosthetic devices and other similar expenses.

Employees should be aware that their employers have the right to determine which doctors treat injured employees; if employees choose to see their own doctors, employers may not be liable for paying their medical bills.

Employees who are injured and cannot return to work may also qualify for disability payments. Those who miss more than seven days of work may qualify for total disability benefits equal to two-thirds of their average weekly wages. If an employee is out of work for more than 14 days, the compensation begins with the date of the injury, rather than the seven-day waiting period.

Those who are permanently disabled or disfigured also qualify for compensation, the amount of which is determined by state statutes and Workers’ Compensation Commission regulations. Total disability and death benefits are limited to 500 weeks of compensation, and the amount is determined by the worker’s average weekly wage.

In many cases, employers and insurers will try to deny an injured employee’s claim for compensation. In such cases, the employee has the right to appeal the denial by filing a Form 50, triggering a review of the case by the Workers’ Compensation Commission. A Commissioner will review the case and act as finder of fact and rule on matters of law, determining whether the employee is eligible for benefits. Once the Commissioner has issued an opinion, either party can appeal the decision to the full Commission for a review.

Filing workers’ compensation claims can be complicated. There are many rules that govern the process, and it is easy for people to make mistakes when trying to seek the benefits they need to help them recover. If you have been injured in a workplace accident, speak with a seasoned workers’ compensation attorney who can help ensure that you receive all of the benefits to which you are entitled by law.

If you have a South Carolina workman’s compensation question not answered on this page, email Spartanburg County workers compensation lawyer Ryan Montgomery for a quick response to your question, issue or claim. Don’t delay. Protect your health, future and family. Call (864) 207-4764 for a free consultation.