South Carolina Workers’ Compensation Law
Greenville, Anderson, and Spartanburg, South Carolina, and Surrounding Counties
Suffering a workplace injury can make daily tasks and maintaining enough income to pay bills and keep food on the table extremely difficult, especially when the injury is severe and debilitating.
Workers' Compensation Defined
Workers' compensation was developed as a means for injured employees to be compensated for the injury by their employer's insurance company. The idea behind the program was designed to benefit both the injured employee and the employer. The employee is compensated for lost wages and medical expenses that resulted from the injury and the employer is protected from being sued by the injured employee.
Nearly every type of injury that can be sustained or disease that can be contracted as a direct result of an employee's job is covered. The stipulation is that the employee must prove that the injury was directly related to his or her job in order to be eligible to receive benefits.
Reporting an Injury for Workers’ Comp
It is a requirement that employers have information relating to workers' compensation posted where all employees have access to it. This posting generally outlines the rules about how to report a workplace injury and information about filing a claim.
If you have been injured, you should report your injury to your employer immediately. You will be required to fill out a detailed report of the injury that will be filed with the company's human resources department and with the employer's insurance carrier.
You must make your report within a predetermined amount of time in order to be eligible to collect compensation. Failure to report your injury within this time frame will result in the forfeiture of your benefits.
Medical record confidentiality does not apply to an employee who has been injured on the job. The employee's records may be discussed by the attending medical professional and any others who are directly involved with the claim in question, without consent of the injured employee. These individuals may include:
- Employer's insurance carrier
- Respective lawyers
- Workers' Compensation Commission
- Certified rehabilitation professionals
These parties are legally allowed to discuss such details as the employee's medical history, the cause of the injury, diagnosis, course of treatment, prognosis, impairments and work restrictions.
In the case of a repetitive trauma injury, medical evidence must establish that the injury is the result of repetitive actions directly related to the regular duties of the job. The injured employee must give notice of discovery of the injury within a 90 day period.
In the case of an occupational disease, the condition is now defined as a disease that resulted directly from continuous excessive exposure to hazards directly related to the employee's typical job responsibilities.
Due to these complicated changes in workers' compensation law in the state of South Carolina, please contact the attorneys at The White Davis & White Law Firm for legal advice if you have suffered a workplace injury in the Greenville, Anderson, Spartanburg, or surrounding counties in South Carolina.