Workers' Compensation - Frequently Asked Questions
Workers' Compensation is designed to protect injured workers. If you are hurt at work you could be entitled to medical care, weekly benefits while you are medically unable to return to work, and possibly a settlement for any permanent disability resulting from the accident.
What types of Accidents are covered?
Generally, you will be covered by workers compensation benefits for accidents occurring while you are working. Injuries can arise as a result of an accident, repetitive motion (carpal tunnel syndrome), or a hazardous condition existing at your workplace.
What should I do if get hurt at work?
You should immediately report the accident to your supervisor, fill out an accident report, and request a copy of the accident report. Your employer should direct you to a medical care provider. It is important you get medical care immediately and report ALL injuries associated with your work related accident. You must report your injury to your employer within 90 days of the accident and file a claim with the South Carolina Workers' Compensation Commission within two years.
What benefits might I be entitled to?
•1. All your medical care should be paid for including prescriptions, medical devices, and mileage to and from your doctor's office (more than 10 miles roundtrip). It is important that you do not attempt to settle your claim before you have received all necessary medical care. You may also be entitled to future medical care.
•2. You are also entitled to weekly benefits if an authorized doctor has excused you from work for more than eight days.
•3. You may be entitled to an additional settlement if you suffer any permanent injury, even if you are able to go back to work.
Can I go to my own doctor for medical treatment?
Your employer's workers' compensation carrier gets to choose the doctor that will treat you. You may elect to go to your own doctor for treatment or a second opinion; however, this treatment may not be paid for. Failure to follow the prescribed medical treatment by the authorized treating physician could cause you to lose your right to receive weekly benefits while you cannot work.
When will I receive weekly benefits?
You are entitled to weekly benefits if an authorized doctor has excused you from work for at least 8 days. You will receive benefits from the first day the doctor took you out of work if you are out of work for at least fourteen days. The amount of weekly benefits you receive is dependent on your earnings. You are typically entitled to 2/3 of your average weekly wage (gross earnings). Except for certain severe injuries, an injured worker may not receive more than 500 weeks of temporary weekly compensation.
Will I receive a final award?
Any settlement or award you receive will largely depend on the seriousness of your permanent disability and your previous earnings. You should be compensated for any permanent disability even if you can go back to work. You may also be entitled to future medical care. A settlement or award could affect your future Social Security Disability claim. It is important to consult with an attorney before accepting any settlement offer.
Will I be fired from my job for filing a workers' compensation claim?
You may NOT be fired for filing a workers' compensation claim. This is considered retaliatory discharge and you should consult with an attorney immediately if this occurs.
