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A Refresher Course in Workers’ Comp Law

Carolina Law Group > Blog  > A Refresher Course in Workers’ Comp Law

A Refresher Course in Workers’ Comp Law

Today we’re going back to basics with a look at an area of law that our firm handles regularly, Workers’ Compensation.

What is Workers’ Comp?

Workers’ Compensation is an insurance program administered by the South Carolina Workers’ Compensation Commission that is intended to protect both employee and employer. Employees who suffer injury while on the job, or develop medical conditions due to the nature of the job, can receive medical treatment and be compensated for their illnesses and injuries under the Workers’ Comp system.

How does the Workers’ Comp program benefit both employee and employer?

Workers’ Comp law states that if an employee’s illness or injury qualifies under the law, they will receive compensation regardless of who was at fault for causing the incident. The fact that it arose out of an in the course of employment is enough. Basically, it doesn’t matter who was at fault in the accident.

This is intended to take away the need for employees and employers to get embroiled in long and expensive lawsuits over who was at fault in the accident, or who created the hazard leading to the accident. It also takes away the right to a trial by jury and neither the employer nor the employee has the right to file a lawsuit against the other. Workers’ compensation is the “exclusive remedy.”

What kind of compensation is paid out?

In South Carolina, an employee may receive medical treatment, temporary and  permanent monetary benefits for missing work due to an injury, and/or compensation for permanent disability or disfigurement. Pain and suffering is not covered under Workers’ Comp, and neither is loss of companionship.

Does it cover death?

Yes. The dependents or parents of an employee who dies on the job or due to their work can file a claim for death benefits.

How long do I have to report an accident or illness?

You must report the incident to the employer within 90 days or risk losing benefits. However, you have up to two years to file a claim benefits.

How do I report it?

Tell your employer immediately. Your employer should file a claim for you. If they don’t, you can file one yourself.

Do I need an attorney?

An attorney’s guidance and advice can be very helpful. There is no law requiring an attorney. However, we recommend people always speak with an attorney in workers’ compensation matters. We believe it’s especially important when you didn’t receive all of the benefits you were expecting, your employer is denying your claim, or you are attending a Formal Hearing. Workers’ compensation can be very complex and an attorney can help you get the correct benefits you deserve.

Get Representation in Your Workers’ Compensation Matter

What you’ve read is just the basics. Workers’ Comp law can be very complicated. Here at The Carolina Law Group, we handle many Workers’ Comp cases and are familiar with the law. We know how to work with people to resolve their issues as expediently as possible, working towards the best possible outcome.

Schedule a Free Consultation With an Experienced South Carolina Attorney

Schedule your free, no-obligation consultation with the attorneys at The Carolina Law Group. The Carolina Law Group has four offices across South Carolina for your convenience: Greenville* (call 864.312.4444), West Greenville (864.312.4444), Greer* (call 864.757.5555), and Spartanburg* (864.312.4444). Call to schedule your consultation with a local personal injury attorney today.

*Principal Offices

Greenville Office
910 E Washington St
Greenville, SC 29601

Greer Office
210 W Poinsett St
Greer, SC 29650

Spartanburg Office
7612 Asheville Hwy
Spartanburg, SC 29303

West Greenville Office
6304 White Horse Rd. Suite B-6
Greenville, SC 29601

About 

Mitchell Byrd received his Bachelor of Arts degree from Wofford College in 2000. He graduated from the University of South Carolina School of Law in 2004, where he served on the American Bar Association Real Property, Probate, and Trust Journal. He was also an active member of the University of South Carolina Moot Court Bar. Since being sworn into the South Carolina Bar in 2004, Mr. Byrd has focused on litigation, within the criminal justice system as an economics crime prosecutor for the Thirteenth Circuit Solicitor’s Office and also within the South Carolina Workers’ Compensation system.

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