While we never plan to get hurt at our workplaces, the truth is that we are human, and there is always a chance of being hurt on the job, especially within certain manual service occupations. Being seriously hurt on the job can mean a loss of wages due to time off, and medical costs for rehabilitation and diagnosis. For those of us who cannot afford to lose wages and pay out more money, we look to workers’ compensation claims to make up the costs we incur and protect our wages and positions on our jobs. Although this process should be an easy one due to the fact a person filing a workers’ compensation claim already has enough on their plate, it often is not. Because of that, it is important that you speak to an attorney regarding your workers’ compensation matter to ensure that your rights are zealously advocated for.
What are the South Carolina Workers’ Compensation Laws?
Almost every employer must have workers’ compensation insurance. There are a few exceptions for that rule, which include employers with less than four employees. However, the vast majority of employers are required by South Carolina’s Workers’ Compensation Act to carry a sufficient amount of insurance that will allow for payment of workers’ compensation claim. Without workers’ compensation insurance, the employer would have to provide proof of its ability to pay workers’ compensation claims out of pocket. The following is per South Carolina Code of Laws Title 42-5-20.
- Workers’ compensation does not require that the employee prove any fault or negligence on the part of their employer in order to receive compensation. The only requirement is to prove that the injury occurred in the workplace or was related to the employee’s job.
- There are three types of compensation for workers’ compensation claims; wage loss, medical costs, and disability payments. In this article, we provide an overview of wage loss; in a separate article, disability payments and medical costs are reviewed.
Wage Loss
In the event that an employee is unable to work for a period of time due to their injury, the employee can be paid for the wages they miss out on during recovery. If the employee is unable to go to work for at least seven days, they can be paid for lost wages. The amount the employee is eligible to receive is dependent on the employee’s weekly wage prior to the injury, and is paid at a percentage of 66 and ⅔ percent of that rate. Lost wages would be paid until the employee is told by a doctor that they may return to work.
Reach Out to a South Carolina Workers’ Compensation Attorney Today
It is not easy to know what the laws are for something as important as workers’ compensation rights. Because of that, you need to have a capable and knowledgeable partner in the process. Let Workers Compensation Lawyers- PLLC be that partner for you. Contact our workers’ compensation attorneys in South Carolina for the help you need receiving payment for injuries suffered on the job.
