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Workers’ Compensation in South Carolina

Workers’ compensation in our state has been established until Title 42 of South Carolina’s Code of Laws and is governed by the South Carolina Workers’ Compensation Commission. It is designed to provide benefits to employees who have sustained an injury or an occupational illness by providing coverage for medical bills, lost wages, and vocational rehabilitation services. It also provides death benefits for the families of workers who have died due to work-related injuries or illnesses.

Benefits can include:

Medical Care: Employees and/or their dependents are eligible for medical care treatment related to the injury, illness, or death at no cost. This includes doctor visits, hospital stays, tests, and other treatments.

Temporary Partial Disability Benefits: These are available when you can return to work on a limited basis but are unable to earn your regular wages. These benefits provide weekly payments for a time period determined by your doctor. The amount of the benefit is based on the difference between what you earned before the injury and what you earn post-injury.

Temporary Total Disability Benefits: If you are temporarily disabled due to a work-related injury or illness and unable to return to work for more than three days, you can receive two-thirds of your average weekly wage up to a certain maximum for up to 400 weeks.

Permanent Partial Disability Benefits: If you have suffered permanent damage from a work-related injury or illness which prevents you from returning to full-duty employment, you may be entitled to partial disability compensation based on the extent of your disability.

Death Benefits: If your family member has died as a result of a workplace accident or illness, you may receive two-thirds of your deceased family member’s average weekly wage up to 500 weeks as well as funds to cover funeral and burial expenses. 

Deadlines for Filing Workers’ Compensation Claims

In South Carolina, you have two years from the date of your injury to file a workers' compensation claim with the state. If you fail to file a claim within two years, you may be unable to receive any benefits associated with your injury. However, you only have 90 days to report your injury or illness to your employer or your workplace claims representative. It is a best practice to file as soon as possible after an injury occurs to ensure that you are eligible for all available benefits.

If you need help filing a claim or appealing one that has been denied, we strongly urge you to speak to our experienced and dedicated attorney. Get the help you need in protecting your legal rights under the law.

Attorney Dedicated to Your Case This isn’t a multiple attorney firm that will assign you an attorney you have never met or whose name you have never heard. You will be working with Jeff and his capable staff to resolve your case in your best interest.


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