The Workers’ Compensation Claim
When a worker becomes sick due to work-related activities or is injured on the job, workers’ compensation provides coverage for medical expenses and lost wages. In South Carolina, employers with a minimum of four employees must have workers’ comp insurance. It helps protect the workers and their families when they are unable to work. By doing this, both the company that hires the employee and the worker are protected.
What Does South Carolina Workers’ Compensation Do?
The availability of workers’ comp insurance in the Palmetto state helps by doing the following:
- Workers’ compensation protects the safety of employees.
- Companies are also protected by workers’ compensation.
- Workers’ compensation helps injured or sick employees get the right training for a different job if they are no longer able to do the one they had.
- It helps families with death benefits if the worker loses their life at work.
How Employees and Employers Are Protected by Workers’ Compensation
The advent of workers’ comp helps both the owner of the business and his or her employees since the employee is not able to sue the owner if a claim is filed. So, the owner of the business benefits since they will not need to pay for their worker's injuries or illnesses out-of-pocket. Likewise, the employee will not need to worry about themselves or their family if the injury or sickness is severe and requires medical treatment or loss of wages.
Paying for Workers’ Comp
So, who actually pays for workers’ comp? The employer pays into a fund that pays for worker injuries and illnesses. They are required to do so by the State of South Carolina.
What Injuries Are Not Covered?
Some injuries are not covered by workers’ comp. These include:
- Benefits are not paid if the worker is drunk or drugged at the time of the incident.
- The accident occurred when the worker was breaking the law or acting against the business’s policies.
- The worker inflicted the injury on themself.
- The injured party was not working when the injury occurred.
Who May Not Be Covered
- Farm workers
- Workers who are not paid a salary and only work when needed
- Railway workers
- Those who earn less than $3,000
- Sellers of farm products
- State federal employees
- Real estate agents
- LLC members
- Sole proprietors
- Partners in the business
What Happens After an Injury/Sickness at Work?
The following steps occur after an employee becomes sick or injured on the job:
- The employee is required to let the employer know what happened. If they do not do this in a prescribed amount of time, their benefits may be lost.
- The employer provides the claim form to the worker.
- Once the worker completes and turns the claim form in to the employer, the employer files the claim with the state workers’ compensation board.
- The workers’ compensation board processes the claim.
How Is the Compensation Calculated?
The rate the worker receives is based on the type of business and the rates in that state. Other factors that affect the rates are:
- The number of employees
- The business’s safety record
- The payroll of the company
How an Attorney Can Help
Because of the complexity of workers’ compensation, the insight of a lawyer experienced with workers’ comp is critical. They can help ensure that the worker or their family receives the proper benefits. In addition, if the claim is denied, the workers’ comp attorney is able to file an appeal.
Myrtle Beach Area Workers’ Comp Attorney
At Morris Law in the Myrtle Beach area, we work with employees injured on the job or who develop a serious illness that is work-related. We are there for them every step of the way. Call us at (843) 232-0944 to set up a free case review. If it is easier for you, you can also contact us online.