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24+ Years Experience
Between our attorneys, our firm has a wealth of experience and expertise both inside and outside of the courtroom, totaling more than 24 years of experience.

What is Workers’ Compensation?

Most workers are protected by workers’ compensation if they are injured on the job. Workers’ compensation is a system of benefits that provides medical care and income replacement to employees who are injured in the course of their employment. In most cases, workers’ compensation is mandatory in all states, meaning employers must provide coverage for their employees.

There are four main types of benefits that are provided under workers’ compensation:

  1. Medical benefits – these cover the cost of medical treatment related to the work injury;
  2. Income replacement benefits – these provide partial replacement of lost wages while the employee is unable to work;
  3. Death benefits – these provide financial assistance to the family of an employee who dies as a result of a work-related injury;
  4. Rehabilitation benefits – these cover the cost of rehabilitation services to help the employee return to work.

If you are injured at work, it is important to report the injury to your employer as soon as possible. Your employer will then file a claim with their insurance company, and you will be able to receive the benefits you are entitled to.

What Types of Injuries Does Workers’ Comp Cover?

There are four main types of injuries that workers’ compensation covers:

  • Repetitive motion injuries: These are injuries that occur from doing the same motion over and over again. Carpal tunnel syndrome is a common type of repetitive motion injury.
  • Occupational diseases: These are diseases that are caused by exposure to hazardous materials or conditions. Asbestosis is an example of an occupational disease.
  • Traumatic injuries: These are sudden and severe injuries that are caused by an accident. Broken bones, concussions, and lacerations are all examples of traumatic injuries.
  • Stress injuries: These are injuries that are caused by stress, either physical or psychological. Back pain and migraines are common examples of stress injuries.

Workers’ compensation will also cover any injury that is caused by a work-related activity, even if it is not one of the four main types of injuries. For example, if you slip and fall while you are working, you would be covered by workers’ compensation.

How Do Workers’ Compensation Claims Work in SC?

The first step in filing a workers’ compensation claim is to report your injury to your employer. You must do this as soon as possible after the accident or after you become aware of an injury that happened at work.

Your employer will then have up to five days to provide you with a list of approved workers’ compensation doctors. If your employer does not give you this list, you can choose your own doctor. However, you may only see doctors on this list for your first 30 days of treatment. After that, you can see any licensed physician in South Carolina.

You will need to see a doctor within 14 days of reporting your injury to begin receiving benefits. If you do not seek medical attention within this timeframe, your claim may be denied.

Once you have seen a doctor, he or she will fill out a Report of Initial Treatment. This form will be sent to the South Carolina Workers’ Compensation Commission, your employer, and your employer’s insurance company.

You will then need to complete a Claim for Compensation. This form must be filed within two years of your injury or from the date you became aware that your injury was caused by your job.

Our team can work with you to ensure you get the results you need.

Is Hiring a Workers’ Comp Lawyer Worth It?

In general, the more complicated your case is, the more likely it is that you will need a lawyer. If you have a simple claim and just need help filing the paperwork, our team can help you as well. Contact our law firm today at 803-219-8870 to book a consultation with our team and get the legal advice and representation you need.

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