Protecting Injured Workers' Rights

The South Carolina's Workers' Compensation Act provides a system for workers injured on the job to receive medical care and financial benefits without having to prove anyone was at fault. At the Smith, Watts and Associates we have been helping to get workers compensation for job-related injuries.


Understanding South Carolina Workers' Compensation

In South Carolina the basic premise and purpose of the South Carolina Workers' Compensation Commission is to compensate employees for the economic consequences of work-related injuries, illnesses, and disease without regard to fault. Everyone employer and employee within South Carolina is presumed covered by the S. C. Workers' Compensation Act.

Key Features of SC Workers' Compensation:

  • No-Fault System: Benefits are provided regardless of who was at fault for the injury
  • Universal Coverage: All employers and employees in South Carolina are presumed covered
  • Medical Care: Full coverage for necessary medical treatment
  • Wage Replacement: Compensation for lost income during recovery
  • Disability Benefits: Payments for temporary or permanent disability
  • Vocational Rehabilitation: Assistance returning to work when applicable

Eligibility for Workers' Compensation

To be eligible for workers' compensation benefits, the worker must have been injured while working within the scope of his or her employment. Generally, any injury suffered by an employee at the employer's place of business during working hours qualifies.

Workplace Accidents

Sudden injuries from falls, equipment, or accidents

Repetitive Stress Injuries

Carpal tunnel, back strain, and overuse injuries

Occupational Diseases

Illnesses caused by workplace conditions

Chemical Exposure

Injuries from toxic substances or chemicals

Machinery Injuries

Equipment malfunctions and industrial accidents

Construction Injuries

Falls, scaffold accidents, and site injuries

Critical Deadlines and Reporting Requirements

If you are injured while on the job, you should immediately report the accident to your supervisor or the owner of the business. This will alert the management of the injury. If you do not report the accident and injury, you may jeopardize compensation for your medical bills or other compensation, which you may be entitled to by state law.

Important Deadlines You Must Know:

  • Immediate Reporting: Report your injury to your employer as soon as possible after the accident occurs
  • 90-Day Notice Deadline: The injury and accident must be reported within 90 days from the date of the accident or the injured worker faces the possibility of statutory denial of the claim
  • 2-Year Filing Deadline: Claims for compensation filed with the South Carolina Workers' Compensation Commission must be made within 2 years after the injury is sustained or an occupational disease definitely diagnosed

Available Workers' Compensation Benefits

  • Medical Benefits: Full payment for all reasonable and necessary medical treatment related to your work injury
  • Temporary Total Disability: Weekly payments while you're unable to work during recovery
  • Temporary Partial Disability: Compensation when you can work but earn less than before your injury
  • Permanent Partial Disability: Payment for permanent loss of use of a body part or function
  • Permanent Total Disability: Ongoing benefits if you cannot return to any gainful employment
  • Vocational Rehabilitation: Training and job placement services if you cannot return to your previous job
  • Death Benefits: Compensation to dependents if a work injury results in death

Common Issues We Handle

  • Denied workers' compensation claims
  • Disputes over the extent of disability
  • Employer or insurance company delays in payment
  • Termination of benefits
  • Medical treatment disputes
  • Return to work issues
  • Settlement negotiations
  • Third-party liability claims

Why You Need an Attorney

While workers' compensation is a no-fault system designed to help injured workers, insurance companies often try to minimize or deny legitimate claims. Having an experienced attorney on your side can:

  • Ensure all deadlines are met
  • Properly document your injury and its impact
  • Fight claim denials
  • Negotiate fair settlements
  • Represent you at hearings before the Workers' Compensation Commission
  • Maximize your benefits
  • Identify potential third-party claims

Let our years of experience assist you with receiving benefits from the South Carolina Workers' Compensation Commission. We are members of the Association of South Carolina Claimant Attorneys for Workers' Compensation and have extensive experience navigating the workers' compensation system.

Injured at Work? Get the Benefits You Deserve

If you've been injured on the job, contact Smith, Watts and Associates today. Don't let deadlines pass - we can help you navigate the workers' compensation system and fight for your rights.