The South Carolina Workers’ Compensation Commission (WCC) was created to oversee injury claims, manage injured workers’ case files, and ensure compliance by employers. The WCC handles hearings and, when necessary, appeals for workers’ compensation claims that have been denied. They also have a division that coordinates vocational rehabilitation in cases where an employee must be retrained for a new type of employment. Merritt Webb does not currently handle workers’ compensation cases in South Carolina, but we are providing this information for your reference. We would be happy to refer you to a South Carolina workers’ compensation attorney.
A South Carolina workers’ compensation claim is the only claim an employee can bring against his or her employer. Even if the employer negligently caused the injury, the employee’s exclusive remedy from the employer will be the workers’ compensation claim. However, the employee may have a cause of action against a third party as well as against his employer. The employee may not recover twice for the same injury and, as such, the South Carolina workers’ compensation carrier will usually be entitled to recover all amounts it has paid on the injured employee’s behalf from the employee if the employee wins that amount or more from the third party who caused the accident.
In South Carolina, if your employer does not receive written notice of your injury within 90 days, you may not be entitled to receive workers’ compensation. Your employer will give you a claim form to fill out. It will require detailed information about your work-related injury and how and when it occurred. Fill out the form carefully and completely and return it to your employer. Make sure you get a copy of the form back from your employer with your employer or his representative’s signature on it. If your claim is denied you may then file a claim with the South Carolina Workers’ Compensation Commission (WCC).
In South Carolina, if the injury causes temporary total disability, the employee is entitled to receive 2/3 of his average weekly wage for up to 500 weeks. If the employee is totally disabled and his injury results in his being a paraplegic or a quadriplegic or he has physical brain damage, the employee will be entitled to receive his benefits for the remainder of his life. If an injured employee is able to return to work but at a reduced rate and hours, the employee may be entitled to temporary partial disability payments for up to 340 weeks equaling 2/3 of the difference between his average weekly wage before the injury and the wage he is able to earn after the injury. The employee can begin receiving these payments seven days after his injury and if the injury continues for more than fourteen days, the employee will receive benefits for the first seven days. If the employee is permanently partially disabled or suffers the loss of a body part listed by statute, the employee will be entitled to a set period of weekly compensation at 2/3 of the average weekly wage. If the employee dies as a result of a work-related injury, the employer may be required to pay for burial expenses up to $2,500 and monetary benefits for five hundred weeks from the date of injury to the employee’s dependents or next of kin.
If you need our help with a South Carolina workers’ compensation claim, please call us at 1.800.556.8404 for a referral.