When you are injured on the job, you should always report your injury to your employer as soon as possible. You may need to complete an incident report, accident report, or other paperwork to document your injury. If at all possible, keep a copy of any documents you complete or sign. If you are unsure or worried about any aspect of your claim, we are available to compassionately, confidentially, and knowledgeably discuss your claim and circumstances.

Workers’ compensation is designed to help workers when they are injured on the job. The workers’ compensation system is designed to help you receive treatment, return to work, and compensate you for living and medical expenses. We work side-by-side with our clients to keep them informed of their rights and ensure they receive their benefits.

Workers’ compensation claims are all unique, different, and will vary in the time required to complete the process. Workers’ compensation is largely driven by medical treatment and how quickly your body heals from your injury. As with any system, sometimes the process is slower than expected or you may encounter delays, denials, appeals or other hardships. We do our best to guide our clients through the process to help them reach the best results possible as quickly as possible.

Your employer, or your employer’s workers’ compensation insurance carrier, has the right to choose a medical provider for you. If you go to your own doctor, the treatment may not be covered by workers’ compensation, and depending on the circumstances, you might not be reimbursed for that expense. If your employer or the workers’ compensation insurance carrier do not provide you with a medical provider, ask them where you should go for treatment or give us a call to discuss how to go about getting the medical care you need. Workers’ compensation will pay authorized doctors, nurses, and medical care professionals to help you return to work.

You cannot be terminated specifically for filing a South Carolina Workers’ Compensation claim. However, this does not necessarily mean your job is protected because you have a workers’ compensation claim. South Carolina is an at-will employment state. This means that you can leave your job for any reason or no reason, but it also means that employers have broad discretion to terminate you so long as they do not do so for an illegal reason. If you have been terminated or retaliated against for filing a workers’ compensation claim, you may have an additional legal claim. We would be happy to discuss this with you.

Every workers’ compensation claim is different, and it is not possible or productive to compare. It is natural to want large award or additional compensation for pain and suffering. Advertisements and word-of-mouth stories build expectations. Workers’ compensation benefits are designed to help you return to work and pay you for your injury. Workers’ compensation does not provide payment for “pain and suffering,” as those terms have come to be generally used. Rather, workers’ comp provides payment for disability that is both caused by work and measured by an impairment rating or by a loss of earning capacity. It is unhealthy and unwise to expect large financial awards or benefits because you heard that it happened in someone else’s claim.

Generally, the weekly benefit for time that a doctor says that you must be out of work following an injury is based on your average weekly wage at the time of the injury. The weekly compensation rate is two-thirds of this average weekly wage. There can be ways that the average is calculated, especially if you have not worked for the employer for a full year prior to the injury. We would be happy to help you make sure that this is done correctly.

The South Carolina Workers’ Compensation Commission is the legal authority that oversees and decides issues that arise in workers’ compensation claims. Workers’ Compensation Commissioners, the judges for workers’ compensation claims, conduct hearings where testimony, evidence, and arguments are made. If there is a disagreement in your claim that cannot be settled, a Commissioner will hold a hearing to decide the issue.

Workers’ compensation provides payments if you are unable to work, or unable to work your usual hours or job duties, and for your disability due to your injury. When a medical provider writes you out of work and you remain out of work for more than 7 days, you are entitled to weekly compensation. These benefits may take a time to start but should occur regularly for as long as you are written out of work.

Payment for your injuries occurs after you are released from medical treatment at the end of your claim. Workers’ compensation claims most often resolve through a settlement agreement or going to a hearing for a workers’ compensation commissioner, or judge, decide. Resolving claims is a process without any set time.

People can be mean, forgetful, or make bad decisions. This is especially true at work. Workers’ compensation in South Carolina is a no-fault system. This means that workers’ compensation does not compare blame. The workers’ compensation law cannot make employers, co-employees, or other people treat you nicely or change how employers conduct business. Workers’ compensation is about ensuring that you receive treatment and your injuries are compensated.