Most employers in South Carolina are required to have workers’ compensation insurance coverage. If a worker sustains an injury on the job, the worker should be covered by workers’ comp. Even though the system is designed to protect injured employees, there are specific workers' compensation FAQs that all workers in Myrtle Beach need to know.
Workers Compensation FAQs for Myrtle Beach Workers
The worker's compensation FAQs below apply to most workers throughout South Carolina.
Report an Injury to Your Employer
Employers are required to post notices about workers’ compensation coverage and claims. Employees must report injuries to their employer within 90 days of the injury to avoid losing benefits. However, workers have up to two years to file a workers’ comp claim, providing they report the injury to their employer within the 90-day period.
You Can Personally File a Workers’ Comp Claim
After receiving a report of a workplace injury or illness, an employer should report the injury and file a claim with its workers’ compensation insurance carrier. However, if your employer denies the injury or fails to file a claim, you can file a claim for workers’ compensation directly with the South Carolina Workers’ Compensation Commission.
Workers’ Compensation is a No-Fault System
The workers’ compensation system is a no-fault system. You do not need to prove that your employer or another party was negligent to receive workers’ comp benefits for an on-the-job injury. If your employer has workers’ compensation insurance and your injury occurred during the ordinary course of employment, you should be entitled to receive workers’ compensation benefits.
Even if you are to blame for your injury, you can receive benefits provided you did not intentionally cause your injury.
You Cannot Sue Your Employer in Most Cases
The protection an employer receives through the workers’ compensation system is that workers generally sue their employers for a job-related injury or illness covered through workers’ comp. However, there are some exceptions. Employers who intentionally cause injuries or who are grossly negligent could be liable for damages in a lawsuit.
Workers’ Compensation Benefits Are Not Full Compensation of Damages
Injured employees receive medical care that is reasonable and necessary to treat their injuries. The employee does not pay for medical care.
However, workers only receive 66 2/3 of their loss of income because of a workplace injury. The amounts paid for permanent disabilities and impairments may also be much lower than the amounts a person might receive for the same injury under personal injury laws.
Workers’ compensation does not compensate the employee for any damages related to pain and suffering.
You Might Have a Third-Party Claim for a Workplace Injury
You could be entitled to additional compensation if a third party is responsible for your injury. For example, if a defective product caused your work-related injury, you could sue the manufacturer for damages under product liability laws. Another example might be an employee injured in a car accident while the employee was performing work-related job duties. If the other driver caused the car crash, the employee could sue the other driver for damages.
Damages in a third-party lawsuit are fully compensable in most case cases. In other words, you could receive compensation for all loss of income related to the injury. You could also receive full compensation for pain and suffering or non-economic damages.
Contact Our Myrtle Beach Workers’ Comp Attorneys for a Free Case Review
Do you want to learn more about workers' compensation FAQs in South Carolina? Contact our office to talk with a workers’ compensation lawyer. We can help you fight for payment of all the workers’ comp benefits you are entitled to receive.
Schedule your free consultation with a Myrtle Beach workers’ compensation lawyer by calling our office today.