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Workers' Compensation

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Injuries can happen to anyone at any time. The day-to-day responsibilities of an employee may subject them to potential hazards of all kinds, including traffic accidents, machinery accidents, muscle strain, repetitive use injuries, slip-and-fall injuries, and many others. Even workers in “safe” office jobs can suffer serious workplace injuries. Workers’ compensation benefits can help pay for necessary medical treatment, replace a portion of wages, and provide other compensation for South Carolina workers injured on the job.

However, the process of getting benefits and proving your claim can be complicated. Having a workers’ compensation attorney with the experience to help you file the necessary paperwork, prove your injury, and maximize your benefit claim is vital to your health and your future. Our team of worker’s comp attorneys at Stewart Law Offices is committed to helping workers who have been injured on the job in South Carolina. Let us help you. Contact us for a free, no-obligation case review.

How a Workers’ Comp Attorney Can Make a Difference for You


Contact us 24/7 by calling us, filling out a contact form, or chatting with us live on our site.

All employers (with narrow exceptions for a few industries) are required to carry insurance coverage that will compensate employees in the event of an injury sustained on the job. When a workers’ compensation claim is filed, the employer’s insurance company will investigate the claim and determine whether they believe the injury is covered by the policy.

South Carolina workers’ comp claims are often straightforward. That may be because the injury or accident occurred on company property, with company equipment or was witnessed by a third party that can affirm that the injury merits coverage.

When situations are murkier, however, it is essential that injured workers are represented by attorneys who understand workers’ compensation cases and the insurance company. The role of the South Carolina Workers’ Compensation Lawyers in a workers’ compensation case is to stand up for your rights and seek full benefits on your behalf from insurance companies.

Our North Carolina and South Carolina Workers’ Comp Lawyers are prepared to help you navigate the complex workers’ comp claims process and insurance companies. Phone our workers’ compensation law firm now for answers.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance product that provides benefits to employees who are injured on the job while working within the course and scope of their employment. Workers’ compensation insurance provides payment for injuries stemming from accidents, occupational illness, and repetitive motions. It covers physical and mental workplace injuries. Injured workers receive weekly payments that replace a portion of their wages, as well as medical benefits. 

To receive workers’ compensation benefits, injured workers must carefully follow the workers’ compensation claim process. 

Common Causes of Workplace Injuries

No matter how “safe” a job might seem, people can still get hurt on the job. Some of the most common workplace injuries are caused by:

  • Motor vehicle accidents
  • Overexertion
  • Falls, slips, and trips
  • Workplace violence 
  • Contact with objects
  • Repetitive trauma 
  • Fires and explosions

What Does Workers’ Compensation Cover in South Carolina? 

Workers’ compensation benefits in South Carolina include the following:

Medical Care

South Carolina workers’ compensation covers the full cost of necessary treatment-related medical expenses. Medical benefits might include payment for:

  • Hospital treatment expenses
  • Doctor’s visit expenses
  • Prescription costs
  • Mileage to visit the doctor 

Partial Disability

If workplace injuries cause the worker to miss time from work, they may be able to receive partial income replacement benefits. These benefits are calculated based on the employee’s average weekly wage for the last four quarters, subject to the state maximum. 

If the worker is injured and unable to perform their regular job duties, they may be assigned to light work. Partial disability benefits are equal to two-thirds of the difference between the current wages while the worker is on restricted duties and their average weekly wage before the injury. 

Total Disability

In cases that involve serious injuries or death, permanent disability benefits may be paid. If the injured worker is unable to return to work, they can receive two-thirds of their average weekly wage, for up to 500 weeks. Some injuries like paralysis or brain damage pay out lifetime benefits.

Death Benefits

If the workplace accident was fatal, the family may receive reimbursement for burial expenses. Additionally, they may receive two-thirds of their loved one’s average weekly wage, for up to 500 weeks. 

Who Qualifies for Workers’ Compensation in South Carolina?

Most South Carolina workers are covered by workman’s comp insurance, including full-time and part-time employees. Most employers in South Carolina are required to maintain workers’ compensation insurance except:

  • Companies with four or fewer employees
  • Companies with annual payrolls of less than $3,000
  • Agricultural employers of employees excepted under Farm Labor Laws
  • Employers of railroad employees exempt under the Federal Employers Liability Act

Workers’ compensation insurance provides coverage for employees, so independent contractors are generally not covered under this type of insurance. General contractors are required to maintain workers’ compensation insurance.

What Benefits Are Available Through Workers’ Compensation?

If you were hurt in an accident on the job, your injuries and associated expenses may be covered by workers’ compensation. Call our injury compensation law firm to find out if you could be eligible to claim financial benefits.

Benefits Payments include:

  • Medical treatment, including reimbursement for mileage to visit the doctor or pick up prescriptions
  • Partial replacement of lost wages
  • Permanent disability
  • Physical impairment (including loss of limbs)
  • Disfigurement

In the most severe workplace accidents that result in death, workers’ comp benefits may provide surviving family members with death benefits.

When speaking with a work accident law firm two terms come up a lot in workers’ comp injury cases: Permanent Total Disability and Permanent Partial Disability.

How Long Do Workers’ Compensation Benefits Last in South Carolina?

Following your injury event, your employer’s workers’ comp policy should pay you 66.67% of your average weekly pay up to a limit, according to the South Carolina Workers’ Compensation Commission.

If you sustain an injury that causes lasting impairment, a doctor will determine whether you may qualify to receive permanent disability benefits. If you’re an injured worker who has been permanently disabled, you will be assigned a disability rating or whole person impairment rating by the doctor. That personal impairment or disability rating will be used to determine the compensation you’re entitled to from the insurance company.

If your injury prevents you from ever working again, you could be eligible to receive disability benefits for the rest of your life. Phone our North Carolina and South Carolina workers’ comp law firm to find out more about becoming one of our clients. We have law offices in Columbia, Rock Hill, Spartanburg and Beaufort to help you.


The South Carolina Workers’ Compensation Lawyers at Stewart Law Offices Can Help You

Workers’ compensation benefits are supposed to provide payment to people who are injured in workplace-related accidents. However, the process to obtain benefits is often complex. Injured workers may have their claims disregarded, delayed, or denied if they do not follow the proper protocol. 

Once a workers’ compensation claim is filed, the employer’s workers’ compensation insurance carrier will investigate the claim and determine whether they believe the injury is covered by the policy. However, it is important to note that insurance companies are often very strategic about minimizing payouts while maximizing the premiums they receive. This is how they make their money. 

When a person is injured in a workplace accident or otherwise suffers occupational injuries, it is essential that they are represented by a workers’ compensation lawyer who is knowledgeable about workers’ compensation law and the insurance company. Workers’ compensation attorneys stand up for the rights of their clients and seek full benefits on behalf of injured workers. 

Our South Carolina workman’s comp lawyers are prepared to help you navigate the complex workers’ compensation claims process by:

  • Investigating the accident
  • Identifying all responsible parties and determining whether a third-party claim can be filed
  • Collecting evidence to support your case
  • Handling communication with the insurance company
  • Negotiating fair compensation for your workplace injuries 

To learn more about how we can help, contact us for a free case review.

What If the Workers’ Comp Claim Is Denied?

If your workers’ comp claim is contested or denied by your employer’s insurance provider, you’ll want to immediately seek legal assistance. Your attorneys can draft and file a Form 50 with the Workers’ Compensation Commission. A Form 50 will include the following details: all parties involved in the injury accident, a description of the accident, the name and role of the individual to whom the accident was reported, the extent of the injury, and the treatment is required.

Your employer’s insurance carrier will submit a Form 51. A form 51 details the accidental injury event from their perspective and makes a case for why the insurance claim is invalid.

Once they have heard from both parties involved in the claim, the Workers’ Compensation Commission will assign the matter to an individual Commissioner.

Workers’ compensation insurance carriers may deny claims for a variety of reasons, such as:

  • They claim the injury did not occur on the job
  • They dispute the severity of the injury
  • They claim the worker did not provide proper notice to their employer
  • They claim there is a lack of evidence

The letter you receive should state the reason for the denial. Carefully review this letter. If you disagree with it, reach out to a workers’ comp attorney from our law firm who can help you with the appeals process. 

This process involves a hearing in front of one of the South Carolina workers’ compensation commissioners. At the hearing, you will be able to present evidence to support your workers’ compensation claim. There are multiple levels of appeal. Your lawyer can explain whether you have grounds to file an appeal.

The Commissioner assigned to your case will review each submission and schedule a hearing.

South Carolina hearings are typically scheduled to take place within five months of the involvement of the Workers’ Compensation Commission. At the hearing, each side will present their case along with supporting evidence. The physician who treated your injury will likely provide a medical testimony – essentially their professional assessment of your injury at the time you were treated. Similarly, the insurance carrier will submit any records or evidence supporting their case.

Based on the reports and hearing, the Commissioner will make a legal ruling that outlines the benefits you are entitled to receive as a result of the injury. Either party can appeal this decision.

Appeals are subject to a joint review that will be conducted by a panel of the Workers’ Compensation Commissioners in your jurisdiction. Following the order issued after this committee review, any additional appeals will be referred to the relevant Circuit Court, and then the state Court of Appeals.

What to Do If You’ve Been Hurt on the Job in South Carolina?

Your priority should always be your health and wellbeing. If your injury is serious, you need to seek emergency treatment immediately. You can report the injury to your employer once you are in a stable condition and out of immediate medical jeopardy.

If your injury is minor enough that it does not require immediate medical attention, you’ll need to report the injury to your employer before seeking medical treatment. That’s because your employer has the right to refer you to a medical professional of their choice for evaluation and treatment.

Choosing a doctor on your own without receiving your employer’s permission could absolve your employer of the responsibility to cover the medical costs associated with your evaluation and treatment.

If you experience an injury that seems minor, it is crucial that you still seek treatment and file a claim. An injury may seem insignificant at the time it occurs but may become complicated over time.

It’s also important to keep in mind that you will need to report any workers’ comp related injury to your employer within 90 days. If you do not report your injury within 90 days, you risk missing out on the benefits that you are entitled to.

We understand that you may have many more questions about Workers’ Compensation. Please remember to phone our attorneys. We are here to help. We have offices in Columbia, Rock Hill, Spartanburg and Beaufort to serve you.

Call at (803) 408-7352 or contact us online to arrange your free and confidential case review.

  • $216 Thousand NC Workers' Compensation
  • $260 Thousand SC Workers' Compensation
  • $150 Thousand NC Workers' Compensation
  • $200 Thousand NC Workers' Compensation
  • $226.6 Thousand Workers' Compensation
*Listed results are before deduction of fees and cost. Case results vary. Prior results do not guarantee any future outcomes.

    Workers’ Comp FAQs

    • How Long Does It Take to Get a Workers’ Comp Settlement Check in SC?
      The amount of time it takes to receive your workers’ comp settlement check depends on many factors, including the type and severity of your injury, whether your employer’s insurance carrier initially accepts or denies your claim, and how quickly you report the injury. You can help speed up the process by:
      • Notifying your employer in writing about the workplace injury as soon as possible
      • Keeping and organizing all medical records and documents related to your claim
      • Working with an experienced South Carolina workers’ compensation attorney
    • How Is Workers Comp Calculated in SC?

      Workers’ compensation in South Carolina is based on your average weekly wage for the four quarters leading up to your injury. Benefits are generally two-thirds of this amount.

    • How Long Can You Be on Workers’ Comp in SC?

      In most cases, you can receive workers’ compensation for up to 500 weeks. In cases involving permanent disability, you may receive benefits for the rest of your life.

    • Can You Sue Your Employer in South Carolina?
      Generally, you cannot sue your employer in South Carolina if you were injured on the job. However, you may be able to sue if:
      • Your employer does not carry workers’ compensation insurance
      • Your employer intentionally harmed you
      • Another party who is not your employer was responsible for your workplace injuries
    • Does Fault Matter in Workers’ Compensation Claims?

      No. South Carolina’s workers’ compensation system is considered no-fault indemnity insurance. You do not have to prove that your employer was negligent in order to recover benefits. Additionally, you may be eligible for benefits even if you were negligent in causing your injuries.

    • What State Agency Handles Workers’ Comp Claims in SC?

      The South Carolina Workers’ Compensation Commission handles workers’ comp claims in South Carolina.

    • How Much Does Workman’s Comp Pay in SC?

      Workers’ compensation is generally 66.67 percent of your average weekly wage, up to the state maximum. If you suffered a job injury that causes lasting impairment, a doctor can determine whether you qualify for permanent disability benefits. If you are permanently disabled, the doctor assigns a disability rating or whole-person impairment rating that determines the amount of compensation to which you are entitled.

    • Can You Be Fired While on Workers’ Comp in South Carolina?

      While your employer cannot fire you because you filed a workers’ comp claim, filing for benefits does not guarantee that your job must remain open while you recover. If you believe your employer fired you in retaliation for filing a workers’ compensation claim, reach out to an experienced workers’ comp attorney for assistance.

    • What Is Considered a Worker's Comp Injury?

      A workers’ compensation injury is any type of physical injury, occupational illness, repetitive stress injury, mental injury, or psychological trauma that you sustain at your place of employment. To qualify for workers’ compensation benefits, you must show you suffered a work-related injury and that the injury occurred at work.

    • How long do I have to file a workers’ comp claim in South Carolina?

      It’s important that you act quickly to initiate the claims process. In South Carolina, you have 90 days to provide your employer with notice of the injury, and two years to file your actual claim for benefits.

    • Am I eligible even if my work injury was my own fault?

      Whether or not you will be covered for a motor vehicle accident is dependent upon your situation. If you were “on the clock” at the time of your accident and driving was part of your job duties, then yes, you should be covered. However, the “going and coming rule” holds that workers’ compensation benefits generally do not apply to workers who are injured while commuting to or from work or work functions.

    • Who is eligible for workers’ compensation benefits?

      Both full- and part-time employees count as employees for workers’ compensation purposes. Only employees are covered under workers’ compensation, not independent contractors. General contractors are also required to carry workers’ compensation insurance.

    • What if I was injured while volunteering?

      Unfortunately, volunteers are not typically covered under workers’ compensation insurance, although a volunteer who was injured as a result of an employer’s negligence may have the right to file a civil lawsuit against the company.

    • What injuries and illnesses are covered by workers’ compensation?

      Workers’ compensation insurance covers injuries that occur on the job or while the worker is performing a work-related task. Illnesses that result from work-related activities are referred to as occupational diseases. These are also covered under workers’ compensation insurance.

    • Who is responsible for providing workers’ compensation benefits?

      In South Carolina, the employer is responsible for providing workers’ compensation coverage for employees. In South Carolina, all employers with four or more employees must provide coverage, and part-time workers’ are counted as employees. This includes non-profit organizations.

    • “While my case had some quite odd turns of events, my attorney with Stewart Law Offices held firm and relentless. Stewart Law Offices will definitely go above and beyond and I’m truly grateful that they hung in there and fought for me.” - Rebecca P.
    • “I felt powerless and overwhelmed by the situation I was in. When I made the phone call to the Stewart Law office it changed everything!” - Andrew R.
    • “ fought like they were the ones who had their lives turned around till the end. Explained everything and included a few laughs. As I said an all-around great team of lawyers and a silver lining to a very bad experience!” - David J.

      Contact an Experienced South Carolina Workers’ Compensation Lawyer

      The compassionate workers’ comp lawyers at Stewart Law Offices are ready to help you seek the benefits you need if you’ve been hurt in an accident at work.

      Our attorneys are proud to stand up for our friends and neighbors in the community, and we believe that all injured workers should get the benefits they need while they recuperate from their injuries.

      Our phone consultations are always free. If you are unable to come to our office to speak with us, we’ll arrange to meet you in your home or hospital room, if possible.

      To schedule your free, no-obligation consultation with our South Carolina workers’ compensation law firm, call us, fill out a contact form, or chat with us online. We have offices in Columbia, Rock Hill, Spartanburg, and Beaufort to help you.

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