The Workers' Compensation Process in South Carolina: A Brief Guide
- By Admin
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- 12 Dec, 2019
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Almost nothing is more distressing to any employee than an injury at work. Fortunately, South Carolina has a workers' compensation system in place to help those workers who have had accidents in the workplace or who have come down with job-related illnesses. This article offers a brief guide to the state's workers' compensation program.
The Claim
When you are injured on the job in South Carolina, you need to report the accident to your employer as soon as possible. Under the law, you have 90 days to report the injury. If you do not report the accident within this time period, you could lose your right to any benefits under the workers' compensation program.
Once you report your injury to the employer, they will typically forward your claim to the South Carolina Workers Compensation Commission, which oversees the program. If for some reason the employer does not forward your report to the Commission, you or your attorney need to do so within two years of the date of your injury.
Under South Carolina law, not everyone is eligible for the workers' compensation program. If you work for an employer who has fewer than four employees or are an agricultural worker, a railroad worker, or a federal employee, you are not covered under the program. Certain types of temporary workers are excluded from worker's compensation benefits in South Carolina as well.
The Hearing
If your employer and their insurance company do not accept your claim and attempt to stop you from receiving appropriate compensation for your injury, then you have the right to a hearing with the Commission.
At the hearing, you will present evidence for your claim. The case will be judged by a single commissioner who hears your testimony and also has access to all of the relevant medical records regarding your injury.
If you have not engaged the services of a competent attorney before the hearing gets scheduled, you should do so at this step of the process. Having an experienced workers' compensation attorney represent you at the hearing gives you the best chance of a successful outcome.
Once the commissioner has heard all of the relevant evidence, they will issue a decision called an "order." The order will either approve your claim or side with the employer and reject your claim. The order will outline the amount of compensation you are set to receive, if any. Both you and the employer have the right to appeal the commissioner's decision.
The Commission Review
If you are dissatisfied with the result of your hearing before the single commissioner, you can file an appeal for what is called the Commission Review. In this procedure, your case is heard by three members of the Commission, rather than one. You have 14 days after you receive word of the decision by the single commissioner to request a Commission Review.
If you agree with the decision made by the Commission Review members, then the process ends at that point. If you disagree with the outcome, however, you still have another available option.
You have the right to file your case with the South Carolina State Court of Appeals. You must explain in your filing why the Commission Review got the facts of the case wrong or misinterpreted the relevant laws.
Clearly, obtaining the benefits that you deserve from the South Carolina Workers' Compensation Program can be a grueling process in some instances. To help you successfully overcome all the obstacles, you need an experienced and qualified attorney, such as the Law Offices of Robert Dodson, PA, at your side. Contact us to learn more.
