WWW.LAWYER-MONTHLY.COM 23 she is entitled to: (1) medical treatment; (2) weekly checks while an employee is out of work due to her injuries; and (3) a settlement amount for the loss of use of the injured body part once the injured worker has been released from the doctor. Of course, this is a very concise overview of workers’ compensation benefits but provides a snapshot of the types of benefits available to injured workers. What type of claims do you handle, and what is the process for making a workers’ compensation claim in SC? I handle both personal injury claims and workers’ compensation claims in my practice. While I prefer to become involved in workers’ compensation claims as soon after the injury as possible, an injured worker has two years from the date of injury to file a claim. In order to initiate the claim, we must file a form with the South Carolina Workers’ Compensation Commission within two years from the date of injury. What are SC workers’ compensation laws designed to do? Workers’ compensation laws are designed to protect injured workers. Importantly, our state case law holds workers’ compensation law is to be liberally construed in favor of coverage for the injured worker. If an individual is injured on the job and eligible for workers’ compensation benefits, there are 3 main benefits that South Carolina workers’ compensation is a “nofault” system. What does this mean? If an employee is injured at work, even by his own fault, that employee is still entitled to workers’ compensation benefits so long as the injury occurred during the course of, and in the scope of, his employment. For example, if a roofer loses his balance and falls from the roof of a house he is working on because he becomes distracted by an airplane flying overhead, that roofer is entitled to workers’ compensation benefits even though his employer was not at fault. Oftentimes, employees are scared to bring workers’ compensation claims against their employers because they think they are “suing” their employers. While the employer is named in the claim, a workers’ compensation claim is equivocal to an insurance claim. By filing a workers’ compensation claim, the injured worker is not saying his employer did anything wrong, just that he was injured in the course and scope of his employment and is therefore entitled to benefits. South Carolina Workers’ Compensation – Key Updates Employees Need to Know Catie Meehan An Interview with... Workers’ compensation laws are designed to protect injured workers.
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