Workman’s Comp

Workmans' CompUnder South Carolina laws, any employer who has more than four employees, with few exceptions, is required to maintain worker’s compensation coverage in the event their employees suffer an on the job illness or injury.

Employees are required to report their illness or injury to an employer within 90 days of the occurrence or they may lose their right to collect any benefits. In some cases, such as repetitive stress injuries, employees should report the injuries immediately upon diagnosis; it is never a good idea to depend on your physician to report it to your employer.

Understanding Worker’s Compensation

It is important to understand that the insurance your employer is required to carry is not designed solely to cover your lost time at work. Even if your injury does not require you to miss time from work, this coverage should also pay for any medical treatment including physician visits, surgical procedures, rehabilitation treatment and medications related to your treatment.

Understanding the Workers Compensation Process

Once you file a claim with your employer, they are required to report the injury or illness to the insurance company to begin the claims process. In nearly all cases, the insurer will require you to be seen by a physician of their choice to confirm the accident or illness. Your employer is also required to report serious illnesses and injuries to the South Carolina Worker’s Compensation Commission.

Denied Claims

Unfortunately, oftentimes legitimate worker’s compensation claims are denied at the outset. Should this occur, you have a right to file an appeal. However, filing an appeal without speaking with an attorney first could mean you are denied coverage for a second time. In nearly all cases, it is highly recommended you work with an attorney after an on-the-job injury or accident.

There are a range of workplace injuries that may qualify you for worker’s compensation benefits including:

  • Slip and fall accidents
  • Injuries sustained in workplace violence incidents
  • Being struck by an object
  • Auto accidents
  • Repetitive motion injuries

Employees who believe they have a legitimate worker’s compensation claim and feel their denial of benefits is an error should contact Attorney Edward S. McCallum at (864) 223-8546 for a consultation.