Workplace injuries can happen unexpectedly, and when they do, it's important to understand both your rights and your employer's responsibilities. South Carolina workers' compensation laws are designed to protect employees who are injured on the job by providing medical care and compensation for lost wages. However, many workers are unaware of what steps their employers must take when an injury occurs and what their own responsibilities are.

In this blog post, we'll explain your employer's duties when you get injured at work, and how South Carolina's workers' compensation system ensures that you get the benefits you deserve.

What Is Workers' Compensation in South Carolina?

Workers' compensation is a no-fault insurance system that provides benefits to employees who are injured or become ill as a result of their job. This system protects both employees and employers by offering compensation to injured workers while also shielding employers from lawsuits related to workplace injuries.

In South Carolina, most employers are required to carry workers' compensation insurance, which covers medical expenses, lost wages, and other costs associated with workplace injuries. Employees are generally not required to prove fault to receive benefits under the system. However, there are certain exceptions and restrictions, so it's essential to know how the system works.

Employer's Responsibilities When an Employee Is Injured at Work

When an employee is hurt on the job, South Carolina law places certain responsibilities on the employer. These responsibilities are meant to ensure the injured worker receives the benefits they need in a timely manner.

1. Reporting the Injury

The first step for an employer is to report the injury to their workers' compensation insurance provider. South Carolina law requires employers to notify their insurer within 10 days of being informed of an employee's injury. This is a critical part of the process, as failure to do so can delay the claim or even result in penalties.

2. Provide Medical Treatment

An employer must provide immediate access to medical treatment for the injured employee. Workers' compensation insurance should cover the cost of necessary medical care, including hospital visits, surgeries, prescriptions, physical therapy, and any other treatment deemed necessary for the recovery. The employer has the right to choose the initial healthcare provider, but the employee can request a change of doctor if the injury requires ongoing treatment.

3. File the Workers' Compensation Claim

The employer must file a workers' compensation claim with the South Carolina Workers' Compensation Commission. This claim is necessary for the employee to start receiving benefits, such as compensation for lost wages or temporary disability benefits.

4. Provide Wage Replacement Benefits

If an employee is unable to work due to their injury, the employer is responsible for ensuring that wage replacement benefits are provided through the workers' compensation insurance. These benefits generally cover two-thirds of the employee's average weekly wage, subject to state-set minimum and maximum limits.

• Temporary Total Disability (TTD) benefits are for employees who are totally unable to work while recovering from their injury.
• Temporary Partial Disability (TPD) benefits are for employees who can work part-time or in a modified role but earn less than before the injury.

5. Return-to-Work Programs

South Carolina employers are encouraged to have return-to-work programs in place. These programs help employees transition back to work as soon as possible, either in the same role or with modifications to their duties. The goal is to minimize the impact of the injury on the employee's income and career.

6. Ensure a Safe Working Environment

Employers are responsible for providing a safe workplace. If an injury occurs due to unsafe working conditions, the employer could be held accountable. Employers must comply with all Occupational Safety and Health Administration (OSHA) regulations and provide appropriate training, safety equipment, and hazard warnings to prevent accidents.

What Happens if the Employer Fails to Meet Their Responsibilities?

If an employer fails to meet their responsibilities under South Carolina workers' compensation law, the injured employee may face difficulties in obtaining the benefits they deserve. Here are some potential consequences:

• Delayed or Denied Benefits: If the employer doesn't report the injury on time or doesn't provide adequate medical treatment, the employee's benefits could be delayed or denied.
• Penalties for Employers: Employers who fail to carry workers' compensation insurance or meet other legal obligations could face fines or legal action from the state of South Carolina.
• Legal Action: In some cases, an injured worker may have the right to pursue a personal injury claim against their employer if the injury was caused by the employer's willful negligence or failure to provide a safe work environment.

What Should You Do If You Are Injured at Work in South Carolina?

If you've been injured at work, it's essential to take the right steps to protect your rights:

1. Report the Injury: Notify your employer as soon as possible after the injury occurs. Make sure to document everything, including the date and time of the injury and how it happened.
2. Seek Medical Attention: Get the necessary medical treatment for your injuries and follow all medical advice.
3. Consult with a Workers' Compensation Lawyer: An experienced South Carolina workers' compensation lawyer can help you understand your rights, ensure that your employer is meeting their responsibilities, and assist with the claims process.
4. Keep Records: Keep copies of medical records, communication with your employer, and any documents related to your injury.

Contact a South Carolina Workers' Compensation Lawyer Today

If you've been injured at work and are facing challenges in obtaining workers' compensation benefits, Hopkins Law Firm is here to help. With offices in Charleston, Myrtle Beach, Georgetown, and Pawleys Island, our experienced workers' compensation lawyers are dedicated to protecting your rights and ensuring that you receive the compensation you deserve.

Call (843) 314-4202 or fill out our online contact form to schedule a free consultation today. We will work tirelessly to ensure that you get the medical care, wage replacement benefits, and other compensation you are entitled to under the law.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult with an attorney for guidance on your specific legal situation.