Charleston Workers' Compensation Lawyer
Trusted Charleston Personal Injury Attorney
In the state of South Carolina, it is mandatory for employers to provide
workers' compensation insurance for their employees in case of a
work-related injury. Workers' compensation insurance is a special type of coverage that
applies to accidents that occur on the job site either due to a dangerous
work condition or someone's negligence. Workers' compensation
does not usually differentiate between situations where the victim's
own negligence contributed to the accident; rather, it provides coverage
for all accidents and to all employees.
Workers' compensation laws are implemented in order to reduce the negative
impact of workplace accidents on both employers and their employees. The
insurance guarantees a payout to injured workers regardless of fault.
In exchange for that guarantee, employees are prohibited from filing personal
injury claims against their employers to seek compensation for injuries
sustained on the job, thereby protecting the employers from having to
face potential lawsuits.
Employers may implement this insurance program either through a private
company or they can choose to self-insure. Either way, it is required
by law that employees be provided with workers' compensation insurance,
no matter how small the business is.
Filing for Workers' Compensation in South Carolina
Workers' compensation benefits
include full medical benefits with no time or financial limits for employees, although the employer will select the physicians who oversee their care.
If an employee is injured to the extent that he or she is unable to work
for an extended period of time, workers' compensation law also provides
for disability benefits intended to provide for the employee during the
time that they miss work. The type and amount of the insurance depends
on how long the employee is unable to work for income and adjusted to
a percentage of their wages at the time the accident occurred.
This compensation is available to those rendered temporarily or permanently
disabled to continue their original position of work, or work of any nature,
because of their injuries and continues for the duration of the disability.
A special type of disability insurance applies to those who are partially
disabled and unable to perform work to full capacity. This insurance continues
for up to 300 weeks after the accident.
There are disability benefits reserved for injury victims that sustained
serious disfigurement injuries to their face, head or body if no other
compensation is available to them through the actual schedule of their
injuries. General physical rehabilitation is also covered by workers'
compensation insurance, although the coverage does not include vocation-specific
In serious cases of
workplace accidents that lead to the death of a worker, death benefits are provided by workers'
compensation to the family of the deceased. These benefits are based on
a percentage of the employee's weekly income but are subject to a
cap. However, a minimum payout is provided regardless of the employee's
wages. Allowance is also available to cover the cost of funeral and burial services.
Helping You File a Successful Workers' Comp Claim
The process of
filing a claim for workers' compensation requires special attention. One small mistake in the application can cause
extensive delays in receiving payment. Therefore, it is advisable to acquire
the counsel of an attorney experienced in the area of
personal injury and workers' compensation to ensure that the claim is successful.
To learn more about how a Charleston workers' comp attorney from our
firm can assist you,
contact McLeod Law Group, LLC.