South Carolina workmans' compensation --- also called workers' compensation --- laws give injured workers the right to receive certain benefits designed to treat the injury, as well as provide money during the time the patient can't work. Workers' compensation programs are generally "no-fault," meaning the patient doesn't have to prove her employer did something to cause the injury to receive benefits. She has a right to receive benefits regardless of fault.
Workers' Compensation Coverage
Workers in South Carolina usually have a right to be covered under their employer's workers' compensation policy. South Carolina law requires employers with at least four employees to provide workers' compensation coverage. It's illegal for employers to require employees to pay any portion of the workers' compensation insurance premiums.
Medical Treatment
When a South Carolina worker is injured on the job, he has a right to medical treatment paid for by the employer's workers' compensation insurance. In certain states, the injured worker has the right to be treated by a doctor of his choice. However, South Carolina law allows employers to choose the doctor. Workers' compensation pays for all necessary medical care, including surgery, hospital stays, medical devices and prescriptions.
Patients also have the right to be compensated for travel expenses to and from the doctor if the round-trip distance is more than 10 miles from the patient's home.
Wage Loss Payments
South Carolina patients being treated under the workers' compensation program also have a right to receive a portion of their lost wages if they can't return to work because of the injury. South Carolina law says that injured workers who can't work are entitled to two-thirds of their average weekly wage up to a maximum weekly amount determined every year.
South Carolina law says that patients are entitled to receive wage loss payments after they've been out of work for seven days. If the injured worker is out of work for more than 14 days, she has a right to be compensated for all the days she missed beginning the day of her injury.
Dispute Resolution
Sometimes a patient being treated under workers' compensation has disagreements with his employer or the insurance company regarding treatment or monetary benefits. Patients with disputes have a right to an informal conference in front of a claims mediator. The parties try to come to an agreement at the conference. If the parties can't agree, the patient has a right to a formal hearing in front of a commissioner. The patient has a right to hire a lawyer if she chooses, but she must pay for the lawyer herself.
