Who Is Eligible for Workers' Compensation in South Carolina?

Most employers are required to have workers’ compensation insurance or to prove that they can pay for workers’ compensation without being insured. Workers’ compensation provides medical treatment and income support for employees who were injured in the course of their employment. This might be an injury that occurred while the employee was working at his or her physical place of employment, or while he or she was off-site carrying out duties that were part of the job. Medical conditions and diseases obtained through employment (such as diseases obtained through long-term exposure to dangerous chemicals at work) can also be covered under workers’ compensation, when certain criteria are met. Workers’ comp benefits can also be sought by the family members of workers who died due to work-related injuries or illnesses.

An injured employee must have been unable to work for more than seven days in order to receive his or her income benefits under workers’ compensation, according to the South Carolina Workers’ Compensation Commission. Furthermore, an injured employee must report the work-related injury or illness to his or her employer within 90 days, though it is best to report these incidents as soon as possible after they occur. Work-related deaths must be reported within two years of the date of death. Failure to provide timely notice in either situation could result in the injured individual losing eligibility for workers’ compensation.

As mentioned above, the majority of employers are required to comply with the state of South Carolina’s Workers’ Compensation Act, meaning they must provide worker’s comp benefits to their injured employees. There are, however, some exceptions. For examples, businesses with less than four employees are exempt from the requirement to provide workers’ compensation, as well are a few other types employers. There are also certain employees who may not be eligible for these benefits, such as federal employees who work in South Carolina and certain “casual employees.”

If you need to file a claim for workers’ compensation benefits, you can turn to our law firm for assistance. Our Lexington personal injury attorneys at the Law Office of James R. Snell, Jr. can help you determine your eligibility and walk you through the claims process. Contact us today!
Categories: Workers' Compensation
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