Banner

Fulton & Barr Blog

Let Us Win For You

Our friendly staff and legal team will be happy to advise you. Contact us today.

Get A Free Case Review

How Can Someone Lose Their Benefits?

In South Carolina, employers that have four or more employees must provide workers’ compensation insurance. Eligibility for benefits depends upon reporting a work-related accident or injury within 90 days and submitting the appropriate claims forms. If the Workers’ Compensation Commission determines that you qualify for benefits, all reasonable and necessary medical expenses will be covered, along with a certain percentage of your lost income.

In this article, our Greenville workers’ compensation attorneys discuss the workers’ compensation claims process and scenarios in which your benefits may be terminated.

What Happens When I File a Workers’ Compensation Claim?

If you suffered a work-related injury or illness caused by your occupation, you will most likely be entitled to benefits under workers’ compensation insurance. However, you must report your injury to your employer within 90 days (but it is best if you report it immediately).

Your employer has the right to choose your treating physician. The physician will perform an independent medical exam in which he or she will evaluate your injuries to determine your course of treatment. The doctor will report any findings to the insurance company.

Termination of Benefits

Refusing Light Work Duty

If your treating physician restricts you to lighter work duties, you must comply to receive temporary partial disability (TPD). If you refuse to comply, you risk losing your wage replacement benefits.

If You Reach Maximum Medical Improvement

If a worker suffers a serious injury, he or she may be unable to work temporarily while recovering in what is known as temporary total disability (TTD). Benefits can last up to 500 weeks but will terminate once the employee returns to work or reaches maximum medical improvement or MMI. A worker is considered to reach MMI when the individual’s condition is not expected to significantly improve. However, in some cases, benefits may last after reaching MMI if a physician decides that you need further medical care to maintain your current health status.

Gaps in Treatment

If you have a permanent or total disability, you may be eligible for lifetime medical benefits. However, if you have a significant gap between treatments, then your medical expenses may not be covered unless the treating physician can state that your condition directly correlates to your past work accident.

What is My Workers’ Compensation Case Worth?

South Carolina workers’ compensation law provides benefits for employees who were injured or have fallen ill due to their jobs. SC Code §42-9-30 specifies a compensation schedule for the loss of body parts, including the percentage of income that will be reimbursed and the number of weeks that an employee is eligible to receive benefits.

While it is possible to represent yourself in a workers’ compensation claim, the legal team at Fulton & Barr Attorneys at Law is dedicated to meeting your financial needs. When you work with our attorneys, you give yourself the opportunity to recoup the entirety of your losses.

Greenville Workers’ Compensation Lawyers Advocating for You

If you have been injured on the job, seeking counsel immediately can protect your rights. At Fulton & Barr, Attorneys at Law, we are committed to helping injured workers recover the entirety of benefits owed to them. To schedule a meeting with one of our Greenville workers’ compensation attorneys, contact us online or by phone today.