South Carolina Workers’ Compensation FAQs
The workers’ compensation process can be confusing and intimidating, especially if you have never had to file for a workplace injury before. Below are answers to common questions employees have when they have been injured on the job and need to learn about the South Carolina workers’ compensation system. For help with a workers’ comp claim or denial in Spartanburg, call The Chad Pye Law Firm at 864-583-5658 for a free consultation.
Q. How long do I have to file a workers’ compensation claim in South Carolina?
A. You may have up to two years to file your claim for workers’ compensation benefits. However, you need to report the injury/illness to your employer as soon as possible to protect your rights to file a claim. If you do not notify the employer within 90 days, you may lose your ability to file claim.
Q. How do I file a claim?
A. Your employer is required to notify the Workers’ Compensation Commission within ten days after you notify them of the injury. If your employer doesn’t file your claim for you, you can file it yourself by completing WCC Form 50 – Employee’s Notice of Claim and/or Request for Hearing.
Q. What does workers’ comp pay in medical benefits?
A. All of your reasonable and necessary medical expenses should be paid by workers’ comp. This can include covering costs for surgeries or hospitalizations, doctor visits, prescription drugs, physical therapy, etc. for as long as needed. Payments are generally made directly to the healthcare provider.
Q. Can I choose my own doctor?
A. South Carolina Workers’ Compensation law gives the employer and their insurance carrier the right to choose the doctor whom you will see for treatment. If you disagree with the way the doctor is treating you, you can ask the insurance provider to give you another referral, or you can request a hearing on the matter with the Workers’ Compensation Commission.
Q. How much do I get in wage replacement benefits?
A. Wage replacement benefits for a Temporary Total Disability (TTD) equal two-thirds of your average weekly wage, except that they can’t exceed the average weekly wage in South Carolina. The current maximum weekly compensation rate for 2016 is $784.03.
Q. How long do wage replacement benefits last?
A. Wage replacement benefits last until you are released to return to work by your doctor, including for a light duty assignment.
Q. What kind of workers’ comp benefits are provided if I am permanently disabled?
A. The amount of benefits for Permanent Partial Disability (PPD) depends upon the severity of your disability. Your disability rating is multiplied by your wages to determine your benefit amount. An additional amount is also provided in the case of a lost limb for up to 220 weeks.
If you are permanently totally disabled (PTD), which means basically a loss of two limbs or the vision in both eyes, and similar types of losses, then you may receive additional benefits for up to 500 weeks.