If an employee is hurt on the job , benefits provided by the laws are the worker's sole remedy. Under most circumstances, employees cannot sue an employer for injuries received on the job. However, if a third party, such as the manufacturer of a defective machine, or a driver of a non-company vehicle, is responsible for the injury, then the employee can sue the third party and also file a workers' compensation claim. But in the event of a recovery against the third party, the law requires that the workers' compensation insurance company be reimbursed for any benefits the employee received.
The employee may be entitled to compensation, for a certain number of weeks, when certain parts of the body are permanently injured, even if the worker can still perform the job requirements. You are entitled to compensation at the rate of 2/3 of your average weekly wage based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Employment Security Commission. If you were working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.
The employer has the right to designate the treating physician. The employee must accept the treatment provided or lose the right to receive compensation. The injured worker should notify the doctor recommended by the employer about their accident and injury and should be careful when describing the circumstances of the accident, as this will be included in the medical record history and is admissible in court.
Our contingent fees are paid only from your award or settlement for any permanent disabiity, and the fees must be approved by the South Carolina Workers' Compensation Commission.
For more information, see Workers' Compensation FAQ and click here to view/download pdf of Workers Comp – General Info prepared by Attorney Dan Denton; and go to the Website of the South Carolina Workers Compensation Commission.