Workplace injuries are more common than you think. In fact, every year in the United States, over two million workers suffer from some sort of job-related injury or illness. When an employee is injured on the job, they may be entitled to workers’ compensation benefits. These benefits can help cover things like medical expenses and lost wages.
The South Carolina Workers’ Compensation Commission (SCWCC) is a state agency that oversees the workers’ compensation system in South Carolina. The Commission is responsible for making sure that injured workers receive the benefits they are entitled to.
If you have been injured on the job, you may be wondering how to file a claim with the SCWCC. The process can be confusing, but we can help. An experienced workers’ compensation attorney in Summerville, SC can guide you through the process and make sure that your rights are protected.
History
Located in downtown Columbia, the South Carolina Workers’ Compensation Commission (SCWCC) was established on September 1, 1935 in response to the rising number of industrial accidents and resulting negligence litigation plaguing both employees and employers. The workers’ compensation system is a state-mandated program that provides benefits to employees who are injured on the job.
These benefits can help cover things like medical expenses and lost wages. Workers’ compensation is typically paid for by employer-sponsored insurance. This act also provides a dependable method for employees who were injured at work to seek compensation, regardless of employer negligence.
Coverage
The Commission is responsible for making sure that injured workers receive the benefits they are entitled to. Workers’ compensation covers most employees in South Carolina, including:
· State and local government employees
Those employed by the state, a county, city, school district or other local government entity are covered by workers’ compensation.
· Private sector employees
Most private sector employees in South Carolina are also covered by workers’ compensation. This includes employees of businesses with four or more employees. There are some exceptions, however, such as agricultural workers and domestic workers.
· Part-time and seasonal workers
Part-time and seasonal workers are typically covered by workers’ compensation, as long as they work for an employer that is required to have coverage.
· Employees of religious organizations
Even though religious organizations are exempt from most state laws, they are still required to provide workers’ compensation coverage for their employees in South Carolina.
There are a few exceptions, however. Some examples of workers who are not covered by workers’ compensation include:
· Federal government employees
Workers’ compensation does not cover federal government employees. These workers are instead covered by the Federal Employees Compensation Program.
· Longshoremen and harbor workers
Longshoremen and harbor workers are not covered by workers’ compensation in South Carolina. These workers are instead covered by the federal Longshore and Harbor Workers’ Compensation Program.
· Railroad workers
Railroad workers are not covered by workers’ compensation in South Carolina. These workers are instead covered by the federal Railroad Retirement Board.
If you are not sure whether you are covered by workers’ compensation, you should speak to an experienced attorney.
Filing a Claim
If you have been injured on the job, you may be wondering how to file a claim with the SCWCC. The process can be confusing, but we can help. An experienced workers’ compensation attorney in Summerville, SC can guide you through the process and make sure that your rights are protected.
In order to file a claim with the SCWCC, you will need to fill out a “Notice of Accident” form. This form must be filed within 90 days of the date of your accident. You will also need to provide a copy of this form to your employer.
You should then receive a “Claims Folder” from your employer, which you will need to complete and return. Once your claim has been filed, the Commission will assign a case number and send you a notice of hearing.
At the hearing, you will have the opportunity to present your case and evidence. The Commission will then make a decision on your claim. If you are awarded benefits, you will receive a Notice of Award. If your claim is denied, you have the right to appeal the decision.
Appealing a Decision
If your workers’ compensation claim is denied, you have the right to appeal the decision. The appeals process can be complicated, so it is important to have an experienced attorney by your side.
The first step in appealing a decision is to file a “Request for Review” within 30 days of receiving the notice of denial. You will then need to appear at a hearing in front of the Commission. At this hearing, you will have the opportunity to present your case and evidence.
If the Commission still denies your claim, you can appeal to the South Carolina Court of Appeals. This is a complicated process, so it is important to have an experienced attorney by your side.
Types of Compensation
When you are injured on the job, you may be entitled to a variety of different types of compensation. The amount and type of compensation you receive will depend on the severity of your injuries.
- Medical expenses
You may be entitled to have your medical expenses paid for by workers’ compensation. This includes doctor’s visits, hospital stays, surgeries, and medication. This is not limited to treatment received in South Carolina. If you need to travel out of state for treatment, your expenses may still be covered.
- Lost wages
If your injuries prevent you from working, you may be entitled to receive workers’ compensation benefits to replace your lost wages. These benefits are typically two-thirds of your average weekly wage, up to a maximum amount.
- Vocational rehabilitation
If your injuries prevent you from returning to your previous job, you may be entitled to vocational rehabilitation benefits. These benefits can help pay for
- Wage replacement
If you are unable to work because of your injuries, you may be entitled to wage replacement benefits. These benefits can replace a portion of your lost wages. For example, if you are unable to work because of your injuries, you may be eligible for two-thirds of your average weekly wage, up to a maximum amount.
- Temporary disability benefits
If your injuries prevent you from working, you may be entitled to receive temporary disability benefits until you are able to return to work. These benefits can replace a portion of your lost wages but are typically only available for a maximum of 260 weeks.
- Permanent disability benefits
If you suffer a permanent disability because of your injuries, you may be entitled to permanent disability benefits. These benefits are intended to help you cover the costs of your disability. Incidents that could lead to a permanent disability include the loss of a limb, paralysis, or brain damage.
- Death benefits
In the worst-case scenario, a workplace injury can result in death. If this happens, the surviving spouse and dependents may be entitled to death benefits. These benefits can help cover funeral costs and lost income.
You should speak to an experienced workers’ compensation attorney to find out what types of benefits you may be entitled to.
Common Injuries
There are a variety of injuries that can occur in the workplace. Some of the most common include:
– Sprains and strains
Working in fields or factories can lead to sprains and strains. These injuries typically occur when you lift something heavy or twist your body in an awkward position.
– Back injuries
Back injuries are common in occupations that require heavy lifting. They can also occur in office jobs if you sit at a desk all day.
– Neck injuries
Neck injuries can occur in a variety of occupations. They are often the result of repetitive motion or awkward positions.
– Head injuries
Head injuries can be mild, such as concussions, or more severe, such as traumatic brain injuries. They can occur in any occupation but are most common in construction and manufacturing.
– Broken bones
Broken bones can occur in any occupation but are most common in occupations that involve heavy labor.
– Burns
Burns can occur in a variety of occupations, such as construction, manufacturing, and healthcare.
– Amputations
Amputations can occur in any occupation but are most common in occupations that involve machinery, such as manufacturing and construction.
– Lung diseases
Lung diseases can occur in any occupation but are most common in occupations that involve exposure to harmful substances, such as chemicals and asbestos.
– Hearing loss
Hearing loss can occur in any occupation but is most common in occupations that involve loud noise, such as construction and manufacturing.
Preventing Workplace Injuries
There are a variety of ways to prevent workplace injuries. Some of the most effective include:
– Providing proper training
All employees should receive proper training on how to safely perform their job duties. This is especially important for new employees.
– Enforcing safety rules
Employers should enforce safety rules and regulations to help prevent accidents and injuries.
– Inspecting equipment regularly
Equipment should be inspected regularly to ensure that it is in good working condition. If there are any defects, they should be fixed immediately.
– Keeping the workplace clean and organized
A clean and organized workplace is less likely to lead to accidents and injuries.
– Encouraging employees to report hazards
Employees should feel comfortable reporting any hazards they see. This will help employers identify and fix potential problems before they lead to accidents or injuries.
If you have been injured at work, you should seek medical attention immediately. You should also contact an experienced workers’ compensation attorney to find out what benefits you may be entitled to.
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