The South Carolina Workers’ Compensation Act provides a system for workers injured on the job to receive medical care and financial benefits without having to prove anyone was at fault.

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’s compensation insurance company be reimbursed for any benefits the employee received.

The primary benefits provided to an injured worker are: (1) payment of two-thirds of his/her average weekly wages for the time he or she is out of work; (2) payment of medical expenses by the employer or the employer’s insurance company; (3) compensation for future lost earning capacity due to the accidental injury. The employee may also 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. This type of compensation is called a “scheduled” award and does not require any proof that the injury has caused a loss of earning capacity. For example, a worker who suffers a back injury on the job is entitled to compensation for the permanent back injury - even where there is only a partial loss of use and the injury does not keep the worker from returning to the job.

If an injury occurs on the job, the injured worker should immediately report the injury to his or her supervisor. The law imposes a deadline of 90 days for reporting the injury, and to receive benefits, a claim must be filed within two years of the injury.

The injured worker should also notifiy the doctor recommended by the employer about ther accident and injury. The employer has the right to designate the treating physician. The employee must accept the treatment provided or lose the right to receive compensation.

Minor on-the-job accidents may not result in claims for which the injured worker needs to be represented by a lawyer. However, because many lawyers, including ourselves, do not charge a fee for an initial consultation on a personal injury or workers’ compensation case, any employee who is injured on the job should seek legal advice. Even if representation is not needed, we can help you understand your rights under the workers’ compensation system.

Our contingent fees are paid only from your award or settlement, and the fees must be approved by the South Carolina Workers’ Compensation Commission.

Contact us night or day and we will arrange to answer all of your questions at no charge or obligation, or you can askl for a free brochure on “Workers’ Compensation”. It will be helpful if you e-mail us the Accident Questionnaire so that we will know some details about your case when you contact us.