Guide To Workers’ Compensation Claims in South Carolina
Answers from an experienced Greenville workers comp attorney
At the Mann Law Firm in Greenville, we understand the fear and confusion often associated with job-related injuries and illnesses. Attorney John Mann has more than 30 years of experience providing thoughtful, assertive counsel in all types of workers’ compensation actions. Regardless of the job you hold or the nature of your injury, he can answer crucial questions regarding your situation and likelihood of obtaining benefits, such as:
- Who is entitled to collect workers’ compensation benefits?
- Do workers’ compensation payments cover medical and rehabilitation costs?
- What type of wage reimbursement is available to an injured worker?
- How do I appeal if my initial workers’ compensation claim is rejected?
- What are some of the reasons that claims are denied?
- How long do workers’ compensation benefits last?
- Is there any compensation for permanent disabilities and impairments?
- If a worker dies due to a job-related illness or injury, can survivors collect benefits?
For answers to other questions about workers’ comp and to learn how the law applies to your circumstances, contact our firm today.
Contact a Greenville workers’ compensation lawyer for a free phone consultation
The Mann Law Firm advises South Carolina workers who have been injured or sickened while on the job. For a free phone consultation on your workers’ compensation filing or appeal, please call 864-326-0535 or contact the firm online. The firm’s office is in Greenville.
Who is entitled to collect workers’ compensation benefits?
Full-and part-time employees who get hurt in the course of their job duties are eligible for workers’ compensation benefits as long as they were under the direct control of the employer against whom the claim is brought. Unlike other injury claims, workers’ comp claims aren’t based negligence, so you don’t have to prove fault in order to collect reimbursement for medical expenses, lost wages or rehabilitation costs. Payment for pain and suffering is not available through workers’ compensation coverage. However, in cases where a third party is to blame for a work-related injury (such as a product failure or a vehicle accident while driving on the job), we can pursue legal relief from the negligent party in addition to workers’ compensation benefits.
Do workers’ compensation benefits cover medical and rehabilitation costs?
Yes. Workers’ compensation benefits don’t just cover doctor and hospital bills, but also prescription drugs, occupational therapy, travel costs and other expenses related to the workplace injury. Occasionally, insurance companies or employers challenge a type of treatment or a claimant’s adherence to medical instructions. In these matters, an effective legal advocate can counter any efforts to withhold necessary payments.
What type of wage reimbursement is available to an injured worker?
During the period in which a workers’ compensation claimant is unable to work, they are entitled to collect two-thirds of their weekly wages up to a maximum amount set annually by the state. For injuries occurring in 2018, the maximum amount is $838.21. This amount is subject to incremental changes. If a worker suffers from a partial impairment that limits their ability to work, the payment is reduced proportionately.
How do I appeal if my initial workers’ compensation claim is rejected?
Appeals are available if your initial workers’ compensation claim is denied, but you must act promptly. As a qualified workers’ compensation appeals attorney, John Mann can examine the reason for your denial and gather additional factual and medical evidence to bolster your case. From there, you can seek a reversal from the Appeals Commission and in court if warranted. In some cases, bringing an effective appeal will persuade an insurance company to offer a fair settlement.
What are some of the reasons that claims are denied?
Some claims are rejected on the ground that the incident did not occur in the course of the claimant’s job duties. This can occur if the employer or workers’ compensation carrier believes that the injury occurred outside of the workplace or while the victim was engaged in behavior not related to their employment, such as during a fight with a co-worker. In other instances, a victim can win a reversal by correcting errors in their filing or providing additional evidence.
How long do workers’ compensation benefits last?
Temporary workers’ compensation benefits can last for up to 340 weeks, but claimants usually regain the ability to perform their job duties or reach maximum medical improvement before then. If your employer believes that you are able to work but you disagree, a qualified workers’ compensation attorney can help you present evidence supporting your side.
Is there any compensation for permanent disabilities and impairments?
Should you still have a physical disability after attaining maximum medical improvement, you will be evaluated to determine the extent of your permanent impairment. Total and partial benefits are available based on the type of medical condition you have and the effect it has on your ability to do your job. South Carolina law prescribes a certain number of weeks’ compensation for various listed ailments. This is often provided in a lump-sum settlement.
If a worker dies due to a job-related injury or illness, can survivors collect benefits?
When someone dies due to a work-related injury or illness, the decedent’s spouse, children and other dependents can receive benefits equivalent to the lost-wage workers’ compensation payments for as long as 500 weeks. Reimbursement of up to $12,000 for funeral and burial expenses is also provided.
