Injuries suffered on the job, or injuries that directly correlate to the performance of job-related tasks can qualify for workers’ compensation. However, there must be a real connection between the accident that caused your present condition and the scope of duties of your employment. Essentially, the accident causing the injury must arise out of and in the course of your employment. To receive the compensation you deserve, reporting the accident/injury in a timely manner is critical. Delays can jeopardize payment of medical fees and other compensation you may be entitled to under South Carolina law. Under no circumstance should you wait to report an incident to your supervisor. After that, you generally have up to two years to file a claim.
The following is a list of some of the major types of claims and injuries that fall under workers’ compensation:
- Various bodily injuries (knee, arm, hand, foot, back, neck, rotator cuff)
- Burns and injuries suffered in fires and explosions
- Reflex sympathetic dystrophy (RSD)
- Complex regional pain syndrome (CRPS)
- Asbestos exposure and other occupational diseases
- Chemical burns and toxic chemical exposure
- Disfigurement, scarring, lost limbs, and amputations
- Eye injuries and hearing problems
- Work-induced heart attacks and work-induced strokes.
In South Carolina, workers’ compensation laws have certain injuries or claims that are not covered, called preclusions. Any injury sustained outside of work, or outside the scope of your duties at work, would fall under preclusion. In certain situations, unexplained falls or injuries may be precluded as well. If your employer or its’ insurance company deny your claim for any reason, you should seek the advice of an experienced workers’ compensation attorney immediately. Call the workers compensation lawyers at Axelrod & Associates to evaluate your case.
Workers’ Compensation Benefits in South Carolina
Workers’ compensation provides for payment of medical expenses, including hospital and rehabilitation services, medication, and travel. In some instances, you may also be entitled to future medical expenses for life. Payments are made for temporary total disability in an amount determined by a percentage of the worker’s wage, but are subject to a weekly cap. Payments can generally continue for up to 500 weeks. However, in catastrophic cases involving a traumatic brain injury, paraplegia or quadriplegia, the benefits could continue for the life of the claimant.
According to the South Carolina Employment Security Commission, if you are injured and unable to work for more than seven days, you are eligible to be compensated at a rate of 66-2/3% of your average weekly wage. If your total disability exceeds a 14-day period, you are eligible from the date of the accident. If you suffer permanent and total disability, or your family is survived by your death, you or your family may be able to receive compensation for 500 weeks.
Employees who suffer permanent injury to a body part or parts may receive compensation based on the percentage of disability to the body parts affected. Doctors determine the percentage of impairment and the South Carolina Workers’ Compensation Commission determines the percentage of disability based on factors such as age, past work experience, and education level.
Partial disability (partial income loss) is figured based on an employee’s past and current wages, subject to the maximum amount, with a maximum payout time of 340 weeks. Permanent and total disability in South Carolina entitles a worker to an award of 500 weeks of compensation, minus temporary total benefits paid, and lifetime medical benefits.
Consult with the Axelrod Team
Axelrod & Associates has lawyers who have successfully represented hundreds of individuals’ workers’ compensation claims and can help you secure the maximum benefits under the laws of South Carolina.
For a FREE consultation with a Myrtle Beach workers’ compensation lawyer, call us at (843) 916-9300 or fill out our contact form.