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

What is the Workers’ Compensation Claims Process?

An individual who suffers an injury on the job is typically entitled to workers’ compensation. Under South Carolina’s workers’ compensation law, employers must carry workers’ compensation if they have at least four employees. Under the law,  a worker is entitled to compensation regarding medical expenses and lost wages following an injury.

Our Greenville workers’ compensation lawyers have successfully helped thousands of injured workers gain the benefits they need and are ready to answer any questions.

Claims Process

Employee Notifies Employer

Workers are not eligible to receive workers’ compensation benefits until their supervisor, manager, or an on-site nurse has been made aware of the incident. An employee may be barred from benefits if the individual does not report the incident within 90 days. The employer will notify their insurance representative of the accident.

Employee Requests Physician Referral

An employee should ask his or her employer for a physician’s recommendation. If an employee does experience a life-threatening emergency or severe injuries, the worker should seek medical attention immediately.

Workers’ Compensation Commission is Notified

The insurer will file a claim with the Workers’ Compensation Commission (WCC). The injured worker should also file a claim with the WCC within two years to ensure receiving benefits. Injured workers will file a Form 50. If an employee dies while on the job, the dependents of the deceased worker will file a Form 52.

Employee Sees a Physician

Under South Carolina law, an employer is permitted to choose an employee’s treating physician following a workplace injury. If an employee chooses to be seen by another doctor, his or her medical expenses may not be covered by insurance.

An employee should account for all injuries related to the workplace accident at the initial visit. The worker should be prepared to provide a current medication list, dates of any surgeries or major procedures, a list of pre-existing medical conditions, and any family history of illness. The physician may have a few clarifying questions. It is important for an employee to answer these questions completely.

An Employee’s Rights In South Carolina

If a worker’s injuries are determined to be work-related, then all related medical expenses will be reimbursed. As of January 1, 2024, travel expenses to the physician and pharmacy are also reimbursed at 67 cents per mile.

Under the Workers’ Compensation Act, anyone employed in the state of South Carolina is entitled to 100% compensation for their medical expenses and 66 2/3% of their average weekly wages.

Wage benefits will depend on the type of workers’ compensation for which the employee qualifies. Employees receiving temporary partial disability (TPD) and permanent partial disability (PPD) will receive two-thirds of the difference between their weekly wages prior to and after the accident. Employees receiving temporary total disability (TTD) and permanent total disability (PTD) will receive two-thirds of their pre-injury weekly wages.

Surviving dependents are entitled to death benefits. In South Carolina, this includes $12,000 in burial costs, 100% for medical expenses, and 66 2/3% of the employee’s average weekly wage for 500 weeks.

Speak with a Greenville SC Workers’ Compensation Lawyer Now

A workers’ compensation claim can be confusing, especially if you do not fully understand the process. At Fulton & Barr Attorneys at Law, we have been helping victims of workplace accidents get back on their feet. To learn how we can assist you with your claim, call us at (864) 235-3154 or by completing our online contact form.