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What is Workers’ Comp?

The Carolina Law Group > Blog  > What is Workers’ Comp?

What is Workers’ Comp?

Mitchell Byrd, Attorney, Carolina Law Group, Greenville, SC

Mitchell K. Byrd, Jr.

Workers’ compensation is a state-run program that guarantees compensation to an employee injured or made ill on the job, regardless of fault.

The workers’ comp system was developed to benefit both employee and employer. It removes the need for lawsuits and counter suits, which are often expensive, stressful, and time-consuming. Employees get the essential compensation they need to recover from their illness or injury, and employers don’t have to spend resources fighting lawsuits.

Every state has a workers’ comp program. In South Carolina, the program is administered by the South Carolina Workers’ Compensation Commission (here).

Here are some more basics about the workers’ comp program in our state.

Who is Covered Under Workers’ Comp in South Carolina?

South Carolina employers with four or more employees are required to carry workers’ comp insurance, meaning most salaried employees in the state are covered.

Volunteers and workers classified as independent contractors are not covered. There are some other exceptions, too. If you’re not sure whether you’re covered, ask your employer or speak to a lawyer.

Read more:

Workers’ Compensation: Who’s In Control Here, Anyway?
The Difficult and Unfair Fight For Workers’ Compensation Benefits

What is Covered?

Injuries that occur at the workplace or in the course of the job are covered, such as sprains and strains, falls, and machinery accidents. They are covered regardless of whose fault the accident was. Illnesses that have developed as a direct result of the working environment are covered, too, such as asbestosis.

Again, there are exceptions. Talk with a workers’ comp attorney if you have questions about what is covered.

Read more:

Auto Accidents On the Job: 5 Things to Know
Do You Know Your Rights in a Workers’ Comp Case?

What Kind of Compensation Is Available?

Workers covered under workers’ comp may be entitled to the following:

  • Medical care and prescription drugs
  • Travel expenses for medical care
  • Compensation for lost wages at a fixed rate

Compensation is also available to families of employees who died on the job.

Workers’ compensation does not include pain and suffering, emotional distress, punitive damages, or similar damages.

Read more:

What Are Workplace Third-Party Liability Claims?

Do I Need to Speak with An Attorney About My Workers’ Comp Case?

It’s always smart to speak with a workers’ compensation attorney, even if you think your claim is straightforward. There could be exceptions and challenges you’re not aware of that an attorney can help you with.

You should plan to speak with an attorney if your claim was denied, if you don’t agree with the Commission’s findings, if you aren’t receiving the benefits you believe you’re entitled to, or if you have questions about an injury/illness or a claim.

Read more:

Six Reasons to Work With a Workers’ Compensation Attorney
What To Do When Your South Carolina Workers’ Comp Claim Is Denied
Possible Reasons Why Your SC Workers’ Comp Claim Was Denied

Talk to the Workers’ Compensation Attorneys of The Carolina Law Group Today

You have nothing to lose by speaking with one of the experienced workers’ compensation lawyers at The Carolina Law Group. The initial consultation is always free. Call one of the numbers below or fill out this contact form to schedule yours.

The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg. Call today.


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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