Workers’ Compensation in South Carolina

Attorney George Sink, Sr.:

Laws differ from state to state, but specifically, workers' compensation benefits in South Carolina are as follows: medical treatment, temporary total disability payments–– that's two-thirds of your average weekly wages within the camp that I'll talk about later–– permanent, partial, or total disability, and in the event of a fatality, death benefits are to be paid to the deceased worker's dependents. 

In order for the injury to be compensable under the law, the employee must meet certain requirements. The employee must have sustained the injury by accident, or incurred an injury that's an accidental result of their job. 

The injury must be reported immediately to the employer if possible, but in any case, within 90 days of the date of the injury. Also, a claim for benefits must be filed properly with the South Carolina Workers' Compensation Commission within two years of the date of the injury. 

In general, in order to have medical treatment paid for by the employer or the employer's insurance carrier, the injured employee must have the employer's authorization to be treated by an approved physician or facility.

If it's not possible to obtain the employer's permission to seek this kind of treatment, as in an emergency situation, it's recommended that the employee seek the care of a family doctor or a local hospital emergency room. If the treating physician that is approved by the employer, or the workers' compensation insurance company, indicates the employee is unable to work as a result of this injury, or is unable to work their usual hours to earn their usual wages, the employee is entitled to weekly disability benefits once they're out of work for more than seven days. 

Workers’ compensation benefits are not owed for that first week unless the employee has been out for 14 days. And regardless, the benefits are not payable until the 15th day. The benefits should continue for a period of time during which the approved physician says the employee was unable to work.