Were you recently injured on the job, or do you believe that you are suffering from an occupational illness or disease? If so, you may be wondering if you are entitled to workers' compensation benefits under South Carolina's workers' comp laws.
On September 1, 1935, the South Carolina Industrial Commission was established to enforce South Carolina's first ever workers' compensation law. In May of 1986, the name of the Industrial Commission was changed to South Carolina's Workers' Compensation Commission – it is the state agency that aims to protect the rights of injured workers.
Who Is Covered
Which employees are entitled to workers' compensation benefits in South Carolina? Under the state's Workers' Compensation Act, virtually every South Carolina employee is covered by workers' compensation, with the exception of:
- By election, corporate officers
- Agricultural employees
- Certain real estate salespersons
- Railway employees and workers
- Certain casual employees
- Federal employees
- Businesses with less than four employees
If an employer is covered by the provisions in the Act, then that employer is required by law to maintain workers' compensation insurance. If they do not, they must furnish the Commission sufficient proof of their financial ability to pay fair and commensurate compensation to an injured employee.
Workers' Compensation Benefits
South Carolina operates on a "no fault" workers' compensation system. This means that an employee can apply for benefits, regardless if they were to blame for the accident or injuries.
Workers' compensation covers the costs of an injured worker's medical treatment, it pays lost wages during a period of disability, and it pays compensation for permanent disfigurement or disability.
If an employee is injured on the job and unable to work for more than seven days, then he or she is entitled to 66 2/3% of their average weekly wage. If the disability lasts longer than 14 days, the employee is eligible to receive compensation starting with the date of the injury.
In South Carolina, the maximum award that an injured worker can receive is 500 weeks of compensation.
Columbia Workers' Compensation Attorney
If you were injured in a workplace accident, contact Masella Law Firm, P.A. for legal advice. With credentials including a legal solicitor and judge, and more than 20 years representing clients in South Carolina, we are prepared to guide you through the workers' compensation claims process.
For a free case evaluation, contact our Columbia workers' compensation lawyer today!