Workers’ Compensation Claims in South Carolina

Workers’ compensation law is contained in SC code 42-1-10; this code outlines the financial and medical benefits to employees who are injured during the course of employment in South Carolina.

A worker’s compensation claim generally begins with an injury which occurs during the course of employment. The injury is reported by the injured individual to a superior/supervisor and a report is drawn up detailing the extent of the injuries and the circumstances surrounding the injury. Should the injury require medical attention, the injured individual will be directed via the supervisor to a medical facility, such as a hospital’s emergency department, a primary care physician or an urgent care center. The individual is not fiscally responsible for any such treatment under South Carolina’s workers’ compensation statutes.

After the individual receives medical treatment, the individual may receive orders from the attending physician restricting their day to day activities, including work. As an example, the individual may not be permitted to stand for more than a certain amount of time or  lift above a specific amount of weight. Once orders such as these are given, the employer can give the injured individual temporary work assignments that fit the perimeters of the orders given by the physician. Should the employer be unable to provide a temporary position that is within the perimeters of the doctor’s orders, they may place the individual on work hold until there is such a time that the injured individual’s health improves or the restrictions are lifted. Should the employer elect to hold the individual from work, and that period of holding lasts longer than fourteen (14) days, the employer must pay temporary compensation to the injured individual.

Additionally the injured individual may be entitled to permanent disability compensation. This compensation would be in addition to medical care costs and temporary compensation. Permanent disability compensation is applicable when the injured individual suffers from permanent damage or a disabling condition after all medical and rehabilitative options are exhausted. This determination is made by a physician’s assessment of the employee’s injury and/or the resulting limitations of the aforementioned injury. An award of permanent disability has multiple variables to the amount including but not limited to age, work experience, education, and other circumstances specific to the injured individual. This award is reached via a workers’ compensation Commissioner or an agreement between the employee and the employer.

The above scenario is a typical scenario for a worker’s compensation claim. Please note that every claim will be different, and every person who is injured during the course of employment should consult with a licensed attorney in their state. Our firm offers confidential, non-binding, free consultations to potential claimants. Please feel free to contact our firm at (843) 686-5500 to discuss your rights and the options which may be available to you.

Hilton Head Office
22 New Orleans Rd #1
Hilton Head Island, SC 29928

Mailing Address
Post Office Box 7228
Hilton Head Island, SC 29938

Telephone: (843) 686-5500
Facsimile: (843) 686-5501
E-mail Zach Naert
E-mail Joseph DuBois