Can I File for Workers’ Compensation Benefits and Social Security Disability Insurance (SSDI)?

Yes. However, if you are approved for both workers’ compensation benefits and SSDI, the money you receive from SSDI can be reduced if you receive more than 80 percent of your average pre-injury wages from the combination of workers’ compensation and SSDI.

How Long Can a Workers’ Compensation Claim Stay Open in SC?

Workers’ compensation benefits can be paid for up to 500 weeks, although payments may continue for the rest of a worker’s life if they sustain permanent, total disability.

How Long Can It Take to Receive a Check Upon Settlement of a Workers’ Compensation Case?

If you have settled your workers’ compensation claim with your employer and its insurer, the funds will be released when the South Carolina Workers’ Compensation Commission approves the settlement. The process typically takes about one to two months, although every case is unique.

What If I Can’t Return to Work After My Workers’ Compensation Injury?

You may begin receiving income replacement benefits after missing eight calendar days of work due to your injury.

Who Is Covered by Workers’ Compensation in South Carolina?

Any employee of a covered employer may receive workers’ compensation benefits for a work injury. Covered employers generally include businesses with four or more employees, including part-time and seasonal workers.

What Types of Injuries May Qualify for Workers’ Compensation Benefits?

Workers’ compensation benefits may cover work-related injuries and occupational illnesses. To qualify, the injury must arise out of and in the course of employment.

How Much of My Medical Expenses Will Workers’ Compensation Cover?

Medical benefits under South Carolina workers’ compensation laws are intended to cover the full cost of all reasonable and necessary treatment and rehabilitation related to a work injury or occupational illness.

What Benefits Are Available from the South Carolina Workers’ Compensation Program?

Workers’ compensation benefits in South Carolina may include medical benefits, reimbursement for qualifying travel expenses, income replacement benefits for lost wages, and death benefits for surviving family members of workers killed in job-related accidents.

Can I Use My Own Health Insurance Instead of Claiming Workers’ Compensation Benefits?

You generally should not use your personal health insurance for treatment of a work-related injury. Some private insurance policies exclude coverage for work-related care, and insurers may seek reimbursement from the employer or workers’ compensation carrier.

How Do I Know If I Have a Workers’ Compensation Claim?

To determine whether you have a workers’ compensation claim, the injury must have occurred on the job and within the scope of your employment. It is important to seek advice from an experienced attorney and schedule a medical examination to evaluate work-related conditions and injuries.

What About My Benefits?

Workers’ compensation benefits may include wage replacement after missing at least eight days of work, payment of medical bills, mileage reimbursement for qualifying travel to appointments, prescription medication coverage, and additional compensation for permanent injuries.

How Do I Pay an Attorney?

Attorney fees in workers’ compensation cases must be approved by the South Carolina Workers’ Compensation Commission. Under Commission rules, fees generally cannot exceed one-third of the disputed amount recovered.

How Will My Compensation Rate Be Calculated?

Workers are generally entitled to compensation equal to 66 and two-thirds percent of their average weekly wage based on the previous four quarters before the injury, subject to the maximum weekly rate established annually by the South Carolina Employment Security Commission.

Will I Be Fired from My Job If I File a Claim?

An injured worker who is terminated for filing a workers’ compensation claim may have grounds for a wrongful termination or retaliatory discharge claim and should speak with an attorney promptly.

How Do I File a Workers’ Comp Claim?

If your employer does not report your injury or disputes your claim, you may file your own claim using Form 50 or Form 52 with the South Carolina Workers’ Compensation Commission.

What Do You Do If You Have a Work-Related Injury?

You should report the injury to your supervisor immediately and provide details including the time, location, nature of the injury, and witness information. South Carolina law generally requires injuries to be reported within 90 days and claims to be filed within two years.

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What types of accidents are covered?

To be eligible to workers’ compensation benefits, you must have been injured within the scope and course of your employment. All injuries are not “accidents.” Some are caused by repetitive motion, exposure to harmful substances, or extraordinary or unusual conditions of the job. If the work you do causes pain that you believe needs medical attention, we might be able to help. Generally, most injuries suffered by an employee during working hours at the employer’s place of business would qualify.