Every year, thousands of South Carolinians face the unexpected challenge of a workplace injury.
From the bustling floors of manufacturing plants to the quiet desks of office spaces, no one is immune to the risk. In 2022 alone, the Bureau of Labor Statistics reported a significant uptick in non-fatal workplace injuries, underscoring a concerning trend across all sectors. This rise in incidents highlights the critical importance of understanding your rights and the benefits available under South Carolina’s Workers’ Compensation Act.
In recognition of World Health Day and echoing this year’s theme, “My Health, My Right,” we delve into the essential knowledge every worker in SC should have if they find themselves injured at work. Whether it’s a slip on a wet floor, a strain from heavy lifting, or the psychological toll of work-related stress, knowing what steps to take can make all the difference in securing your health, rights, and financial well-being.
Below are answers to the most frequently asked questions about workplace injuries and the necessary steps to qualify for workers’ compensation benefits in SC.
Don’t Call Your Work Injury Lawyer Just Yet — Answering FAQs about Workers’ Compensations Benefits in SC
Identifying a Work-Related Injury in SC: What Counts and What Doesn’t?
According to OSHA, a work-related injury, or a workplace injury, refers to any injury or illness that results from or is aggravated by events or exposures in the work environment. OSHA further specifies that work environment refers to “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations but also the equipment or materials used by the employee during the course of his or her work.”
Practically speaking, these definitions imply two things:
- An injury is considered work-related if it is related to one’s job duties or tasks while at work. In other words, accidents resulting from voluntary participation in workplace events, eating, drinking, or any other personal activities, even if they occur within the workplace environment, do not fall under workplace injuries.
- A workplace injury encompasses not only physical injuries such as overexertion, heavy lifting, trips, or falls but also conditions that result from exposure to harmful substances, machinery, defective products, or any other equipment one uses for their job.
Mental Stress and Physical Pain: Are These Considered Workplace Injuries in SC?
Typically, mental illnesses without accompanying physical injuries aren’t considered work-related. Therefore, mental injuries aren’t covered by workers’ compensation benefits. However, in certain cases where the injured worker provides circumstantial evidence, some mental injuries may be deemed work-related and hence, eligible for workers’ compensation benefits.
Remote Work Injuries: Is Your Home Office Covered Under SC Workers’ Compensation?
In SC, whether you work from home or in the office, and as long as you are a full-time employee and not a freelancer, you are indeed covered by workers’ compensation. That means that in the event of a workplace injury, aka an accident that resulted from work-related duties while on the job, remote workers can still qualify for workers’ compensation benefits.
What Steps Should I Take after Being Injured at Work?
To claim your workers’ compensation benefits after a workplace injury, promptly report your condition to your employer. This could be your direct supervisor, any manager, or an on-site nurse. This is a critical distinction, as reporting your injury to a co-worker without a supervisory role may not count as a valid notice of injury.
Next, ask your employer to be examined and treated by their recommended medical professional. In SC, your employer might not pay medical bills for workplace injuries if you receive treatment from a healthcare team that is not your employer’s choosing. Therefore, unless your injury requires emergency care, remember to notify your employer and have them refer you for treatment. In case of a severe injury necessitating emergency care, seek medical help first, and inform your employer at the earliest possible opportunity. Failing to report a work-related injury within 90 days of the incident could make you ineligible for benefits.
What Types of Workers’ Compensation Benefits Are Available in SC?
South Carolina’s Workers’ Compensation Act offers three types of benefits for work-related injuries:
- Medical Benefits: Covering doctor visits, hospitalization, medical supplies, prescribed medication, travel expenses to and from medical appointments and pharmacies, etc.
- Lost Wages: Compensation for full or partial wages you cannot receive due to injury hindering your ability to perform your usual job tasks.
- Permanent Disability: After reaching maximum medical improvement, your work injury lawyer will negotiate settlements based on the extent of your permanent disability.
What’s the Difference between Temporary Vs. Permanent Compensation Benefits?
As the name suggests, temporary workers’ compensation benefits are given to individuals who are injured at work but are not permanently disabled as a result of their injury. Temporary compensations can be either full or partial, based on the severity of the injury.
Temporary Total Compensation / Lost Wages
Is given to injured workers who temporarily cannot return to work due to their injury. In such cases, you are entitled to 66.6% of your average weekly wages based on the four quarters before the workplace injury, but up to the maximum amount set by the South Carolina Department of Employment and Workforce each year.
Temporary Partial Compensation
Is given to injured workers who are permitted to return to work but with certain job restrictions. In such cases, you are entitled to receive 66.6% of the difference between your pre-accident average weekly wage and your post-accident average weekly wage.
In both scenarios, payments are delivered directly to the worker (or their guardian or dependent) weekly until they return to work at full capacity.
What Happens in Cases of Permanent Disability?
In case of permanent disability from a workplace injury, the treating physician will assign an impairment rating. Although not mandated, it’s advised at this point to hire a work injury lawyer to assist in negotiating settlements with the employer’s insurance. Insurance companies often try to minimize payouts, and legal representation can ensure you receive a fair settlement.
Protecting Your Rights After a Workplace Injury: How Bluestein Attorneys Can Help
Navigating the complexities of workers’ compensation benefits can be daunting, especially when dealing with the physical and emotional toll of a workplace injury. Remember, you have rights, and your employer is responsible for providing you with the necessary support and compensation during this challenging time.
While the process may seem overwhelming, seeking legal assistance from an experienced work injury lawyer can ensure your rights are protected and you receive the full benefits you deserve.
Ready to get started? Contact us today for a free consultation. Let us show you how we can help make this challenging time a little easier. Your health, your rights, your well-being — that’s our priority.
