Getting hurt at work can happen in seconds. One moment you’re doing your job, and the next you’re dealing with pain and wondering what comes next. The steps you take right after a workplace accident can make a big difference in your recovery and your ability to get the benefits you deserve.
South Carolina has specific rules about workplace injuries. If you don’t follow them, you might lose out on medical care and income replacement. This guide walks you through everything you need to know after suffering a work injury.
Understanding Workers’ Compensation in South Carolina
Workers’ compensation is a no-fault insurance system. This means you don’t have to prove your employer did anything wrong to get benefits. The system is designed to help injured workers quickly without going to court.
Any employer in South Carolina with four or more employees must carry workers’ compensation insurance. Some larger companies choose to self-insure, but most purchase insurance coverage. This insurance pays for your medical bills and replaces part of your lost wages while you recover.
The trade-off is simple. You get benefits without having to sue or prove fault. In return, you generally cannot sue your employer for the injury. There are exceptions when third parties are involved, which we’ll cover later.
What Benefits Can You Get?
South Carolina workers’ compensation provides several types of benefits:
- Payment for all medical and rehabilitation treatments
- Travel expenses to and from medical appointments
- Income replacement equal to two-thirds of your average weekly wage
- Benefits for partial disability or total disability
- Compensation if your injury causes disfigurement
- Death benefits for your dependents if the worst happens
One important thing to know is what workers’ compensation does NOT cover. You cannot get compensation for pain and suffering through workers’ comp. You also cannot get punitive damages like you might in a regular injury lawsuit. These limits are part of the trade-off for getting benefits without proving fault.
For medical treatment, you must see a doctor chosen by the workers’ compensation administrator. You don’t get to pick your own doctor initially, though you may have options later in your treatment.
Who Qualifies for Workers’ Compensation?
If your employer has at least four employees, you probably qualify for benefits. South Carolina law defines an employee broadly to include:
- Full-time and part-time workers
- People working under any kind of contract
- Apprentices
- Minors (even if they shouldn’t have been hired)
- Non-citizens and undocumented workers
Even sole proprietors and business partners can choose to include themselves under their company’s workers’ compensation coverage if they work in the business.
The key is that your injury must happen while you’re doing something related to your job. This is called “arising out of and in the course of employment.”
Steps to Take Immediately After Your Work Injury
Get Medical Help Right Away
Your health comes first. Even if the injury seems small, see a doctor as soon as possible. Some injuries feel minor at first but get worse over time. Getting immediate medical care does two important things.
First, it protects your health. A doctor can identify problems you might not notice right away. Second, it creates an official record that links your injury to your workplace accident. This documentation becomes important evidence for your workers’ compensation claim.
Tell the healthcare provider that your injury happened at work. Make sure this information appears in your medical records. Without this connection, the insurance company might try to say your injury happened somewhere else.
Report the Accident to Your Employer
You must tell your employer about your injury in writing. South Carolina law gives you 90 days from the date of the accident to report it, but don’t wait that long. Report the injury as soon as you possibly can.
The details in your accident report matter. Be specific about:
- The exact date and time of the accident
- Where it happened
- What you were doing when it happened
- How the injury occurred
- What parts of your body were hurt
This report stays with your case throughout the entire process. Any mistakes or missing information can hurt your claim later. Consider talking to a workers’ compensation attorney before filing the report to make sure you include everything important.
Document Everything About the Incident
Start gathering evidence right away. The more documentation you have, the stronger your claim will be.
Write down your own detailed account of what happened while the memory is fresh. Include every detail you can remember. If other people saw the accident, get their names and contact information. Ask if they would be willing to provide written statements about what they saw.
Take photos if possible. Picture the accident scene, any equipment involved, and your visible injuries. Keep taking photos as bruises develop or injuries change.
Save everything related to your injury:
- All medical records and bills
- Prescription information
- Notes from doctor visits
- Any emails or letters from your employer
- Your accident report
- Witness statements
Create a file for all these documents. You’ll need them as your claim moves forward.
Follow Your Doctor’s Instructions
After your initial treatment, you must follow all medical advice. Go to every follow-up appointment. Take medications as prescribed. Complete any physical therapy your doctor recommends.
This isn’t just about getting better. The insurance company will look for reasons to deny or reduce your benefits. If you skip appointments or don’t follow treatment plans, they’ll argue your injuries aren’t serious. They might say you’re making your condition worse by not following medical advice.
Your employer’s insurance company will require you to see a doctor they authorize. You have to cooperate with this examination. If you refuse or don’t follow the authorized doctor’s instructions, you could lose your benefits entirely.
Be Careful What You Say to Insurance Adjusters
After your injury, an insurance adjuster will probably contact you. They might seem friendly and helpful. They may ask you to give a recorded statement about the accident.
Remember that insurance adjusters work for the insurance company, not for you. Their job is to pay out as little as possible. Anything you say in a recorded statement can be used to deny or reduce your benefits.
Don’t give a recorded statement without talking to a workers’ compensation lawyer first. You are required to cooperate with the claims process, but you have the right to legal advice before making formal statements.
Filing Your Workers’ Compensation Claim
You have two years from the date of your injury to file a workers’ compensation claim in South Carolina. While that might seem like plenty of time, file as soon as you can. Waiting makes it harder to gather evidence and remember details.
The claims process has strict rules and deadlines. Missing a deadline or filling out forms incorrectly can result in a denied claim. Some employers and insurance companies will look for any reason to deny benefits, even inventing reasons when there aren’t any real ones.
A workers’ compensation lawyer can help you avoid mistakes that might hurt your claim. They know what information the insurance company needs and how to present your case in the strongest way possible.
Dealing with Return to Work Offers
During your recovery, your employer might contact you about coming back to work. The employer-authorized doctor will write reports describing what physical activities you can and cannot do. Your employer might use these reports to offer you a “suitable job” that fits within your restrictions.
Don’t accept or reject any job offer without talking to your attorney first. Your employer must also send the job offer to your lawyer.
If you turn down suitable employment that the doctor has approved, your compensation benefits can be terminated. However, you have the right to ask the South Carolina Workers’ Compensation Commission to review whether your refusal was justified.
Once the doctor releases you from treatment, their final report will describe what types of work you can do considering any lasting limitations from your injury. These restrictions can affect what jobs you’re expected to accept.
Third-Party Injury Claims
Sometimes your work injury involves more than just you and your employer. If defective machinery or equipment caused your accident, you might have a product liability claim against the manufacturer or the company that installed the equipment.
Third-party claims are separate from workers’ compensation. They follow regular personal injury law, which means you can recover compensation for pain and suffering and even punitive damages in some cases. There’s no cap on how much you can recover from a third party.
However, you cannot get paid twice for the same injury. Any money you receive from workers’ compensation will be subtracted from what you recover in a third-party lawsuit. Your workers’ compensation attorney can help you figure out if you have any third-party claims and how to handle both cases.
Death Benefits for Workplace Fatalities
When a workplace injury results in death, workers’ compensation provides death benefits to the worker’s dependents. These benefits cover a portion of lost wages and funeral expenses.
South Carolina also has a wrongful death law that allows the deceased worker’s personal representative to sue third parties on behalf of the estate and surviving family members. This might apply if someone other than the employer caused the death.
Because of the exclusivity doctrine, family members cannot sue the employer under the wrongful death statute. The workers’ compensation death benefits are the only remedy against the employer, except in extremely rare cases involving intentional harm.
When to Contact a Workers’ Compensation Attorney
The simple answer is right away. Contact an experienced workers’ compensation lawyer as soon as possible after your injury.
Here’s why early legal help matters. Mistakes made at the beginning of the claims process can destroy your entire case. Filing the wrong paperwork, missing a deadline, or saying the wrong thing to an insurance adjuster can give them the excuse they need to deny your claim.
Workers’ compensation law in South Carolina is complicated. The rules are strict and unforgiving. Insurance companies have teams of lawyers working to minimize what they pay out. You need someone on your side who knows the system and can protect your rights.
An attorney can:
- Make sure all your paperwork is filled out correctly
- Meet every deadline
- Communicate with your employer and their insurance company
- Gather the evidence you need
- Negotiate for maximum benefits
- Represent you before the Workers’ Compensation Commission if your claim is denied
Most workers’ compensation attorneys offer free consultations. You can discuss your case and learn about your options without any obligation.
Get the Help You Need After Your Work Injury
If you’ve been hurt on the job, you’re facing medical bills, lost wages, and uncertainty about your future. You deserve to focus on getting better, not fighting with insurance companies.
Hart Law has extensive experience helping injured South Carolina workers get the workers’ compensation benefits they’re entitled to. We understand how the system works and what it takes to build a strong claim. Our team knows how to deal with employers and insurance companies that try to deny or minimize legitimate claims.
Don’t let the insurance company take advantage of you. Don’t risk making mistakes that could cost you the benefits you need. Call Hart Law today at (803) 771-7701 for a free consultation about your workplace injury. We’ll review your case, explain your rights, and help you understand what steps to take next.
You have nothing to lose and everything to gain by getting legal advice after a work injury. Contact us now and let us fight for the compensation you deserve.