If you are an employee who is injured while performing duties in the course of your employment, then are you entitled to recover compensation in connection with your injuries. This is known as workers’ compensation. Workers’ compensation laws serve to relieve employers of liability from common law suits involving negligence in exchange for becoming responsible for medical costs and lost wages of on-the-job injuries, regardless of fault.
Compensation Under South Carolina’s Workers’ Compensation Act
One of the primary objectives of workers’ compensation in South Carolina is to provide “sure, prompt, and reasonable income and medical benefits to work-related accident victims, or income benefits to their dependents, regardless of fault.” Under South Carolina’s Workers’ Compensation Act, injured employees are entitled to all necessary medical treatment that is likely to lessen an employee’s disability. In general, workers’ compensation will cover the costs of surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. Importantly, to receive benefits under the Act, the individual must be seen by a doctor chosen by the employer or the insurance representative of the employer. What’s more, an individual may be reimbursed for travel expenses when going to the doctor or pharmacy if the round trip distance is more than ten miles from the person’s home.
In addition to medical treatment, employees are also entitled to compensation at the rate of 66 2/3% of their average weekly wages based on the four quarters prior to the injuries. The rate, however, cannot exceed the maximum average weekly wage determined each year by the South Carolina Department of Employment and Workforce. For 2015, the maximum average weekly wage is $766.05, which is a $13.89 increase from the prior year. Any wages earned from a second job may be included as part of the average weekly wage and compensation rate.
If your doctor releases to you to work within 150 days of notification of the accident to your employer, the insurance carrier can stop compensation. If you disagree, however, you can challenge the termination with the Commission’s Judicial Department. A hearing will be held within 60 days regarding the termination of your benefits. If you are released to work after the 150-day notification period, then the employer or insurance carrier will ask you to sign a form verifying receipt of compensation. This is done 15 days after you return to work.
Contact a Greenville Workers’ Compensation Attorney
If you or a loved one has suffered a work-related injury, a Greenville workers’ compensation attorney can help protect your rights. David R. Price, Jr. is a Greenville workers’ compensation attorney who has extensive experience helping injured workers obtain compensation for their injuries. David R. Price, Jr. can help you submit a claim with the South Carolina’s Workers’ Compensation Commission to make sure that you receive just compensation.
Contact David R. Price, Jr. for a free initial consultation and case evaluation. You can call us today at 864.271.2636 or visit our office at 318 West Stone Avenue in Greenville. ​​
David Price is a Personal Injury, Civil Litigation, Collections, and Criminal Defense Attorney who practices in Greenville, SC. He graduated from the University of Georgia School of Law, and has been practicing law for 12 years. David Price believes in helping those who have been injured. Learn more about his experience by clicking here.
