If you’ve ever experienced a serious work-related injury or occupational disease in South Carolina, one of the first things you probably wanted to know was, Am I eligible for workers’ comp benefits?

This comprehensive guide aims to answer that question and more, shedding light on the key requirements and responsibilities involved in navigating the South Carolina workers’ compensation system. 

Whether you’re a full-time employee or a part-time worker, this guide will provide essential information to help you determine your eligibility, understand which injuries are covered, and learn how to apply for the benefits you rightfully deserve.

How does workers’ compensation work in South Carolina?

Workers’ compensation in South Carolina is a state-mandated insurance program designed to provide benefits to employees who suffer work-related injuries, illnesses, or diseases.

The purpose of workers’ compensation is to ensure that injured workers receive necessary medical care, compensation for lost wages, and support for rehabilitation so they can ideally recover and return to work.

Is South Carolina a no-fault state for workers’ compensation?

Yes, South Carolina is a no-fault state for workers’ compensation. This means that, in most cases, employees who suffer work-related injuries, illnesses, or diseases are entitled to benefits regardless of who was at fault for the incident. 

Essentially, employees do not need to prove that their employer was negligent to receive compensation. This system ensures that injured workers receive necessary medical care and financial support promptly, without the need for lengthy legal battles to establish fault.

Who pays for workers’ comp?

In South Carolina, as in other states, employers are responsible for paying for workers’ compensation insurance. They either purchase this insurance from a private insurance carrier or, if they meet certain criteria, they may self-insure, meaning they set aside funds to cover potential claims. 

The cost of workers’ compensation insurance is considered part of the employer’s operating expenses, and employees do not contribute to the premiums.

Who is eligible for workers’ compensation in South Carolina?

Most South Carolina businesses that regularly employ 4 or more workers are required to have workers’ compensation coverage. This includes part-time employees and family members.

Which workers are not eligible for South Carolina workers’ comp benefits?

While most employees in South Carolina are eligible for workers’ compensation benefits, certain workers are excluded. Those with workers’ comp exemptions include:

Employees vs. independent contractors: What’s my status as a worker?

It’s important to keep in mind that a worker’s classification as an employee or independent contractor is not always clear-cut. In South Carolina, employee status depends on factors such as:

• The level of control the employer has over the worker’s tasks 
• The worker’s economic dependency
• The nature of the working relationship

A worker is generally considered an employee if the employer has significant control over their work, provides the necessary tools and equipment, and pays a regular salary.

On the other hand, independent contractors typically have more control over their work, use their own tools and equipment, and receive payment on a project-by-project basis.

Misclassifying workers as independent contractors rather than employees can lead to disputes over workers’ compensation benefits eligibility, and some employers purposely misclassify workers to avoid paying workers’ compensation premiums or providing benefits.

If you believe you’ve been misclassified and are consequently being denied workers’ compensation benefits, seek legal advice to help you navigate the dispute process and protect your rights.

What types of injuries and illnesses are covered under workers’ comp?

Under South Carolina workers’ compensation, a wide range of health conditions are covered, including injuries, illnesses, and diseases, as long as they can be proven to have occurred in what’s referred to as the “course and scope” of employment. This includes:

• Injuries. Physical injuries from one-time accidents, like falls from ladders, forklift accidents, work-related car accidents, such as fractures, traumatic brain injuries, and spinal cord injuries, are covered, as well as repetitive stress injuries, like carpal tunnel syndrome or tendonitis, that occur over time.
• Illnesses. Industry-specific illnesses are also covered under workers’ comp. For example, a factory worker who develops a respiratory illness from exposure to a hazardous substance or a health care worker who contracts an infectious disease like tuberculosis from exposure to pathogens in a hospital qualifies for benefits under workers’ comp.
• Occupational diseases. Chronic conditions such as certain cancers, like asbestosis, hearing loss from prolonged exposure to loud noises, or lung diseases from inhaling harmful dust or chemicals are also eligible for workers’ comp benefits.

As long as the injured worker can demonstrate that these health conditions arose from their job duties or work environment, they’re typically eligible to collect benefits.

Are pre-existing conditions covered under workers’ comp?

Yes, in some cases, workers’ compensation benefits may cover pre-existing conditions if work-related factors aggravate or worsen them.

For example, if you have a pre-existing back injury that is further aggravated by your job duties, you may be eligible for benefits to cover the additional harm caused by your work.

However, you’ll need to provide documentation and medical evidence to support your claim, as pre-existing conditions can be challenging to prove in workers’ compensation cases.

In most cases, it’s best to consult with a workers’ compensation attorney before filing a claim for an injury aggravated by a pre-existing condition to help strengthen your case and prevent a denied claim.

When is an injury not covered under workers’ comp?

An injury may not be covered under workers’ compensation in South Carolina if it occurs under certain circumstances, including:

These exclusions are in place to ensure that workers’ compensation benefits are reserved for injuries genuinely related to job performance and workplace conditions.

Are volunteers covered under workers’ compensation in SC?

No, volunteers in South Carolina are typically not covered under workers’ compensation. This is because workers’ compensation is only mandated for employees who receive payment for their services.

Can I get workers’ comp if I’m injured running an errand for work?

Yes, you may be able to get workers’ compensation if you are injured while running an errand for work. However, it depends on the specific circumstances of the injury and the nature of the errand.

Generally, injuries that occur while performing work-related duties are covered under workers’ compensation, even if they happen outside of the usual workplace. This includes injuries sustained while:

• Traveling for work. This could include running errands, making deliveries, or attending meetings or conferences on behalf of your employer.
• Performing tasks requested by your employer. If your employer asks you to run a personal errand for them, and you are injured while doing so, it may be considered a work-related injury.

However, there are some exceptions. For example, if you deviate from a work-related errand for personal reasons and are injured during that time, it may not be covered. Additionally, if you’re injured while commuting to or from work, it is generally not covered unless you were performing work-related tasks during the commute.

If you’re injured while running an errand for work and are unsure if you qualify for workers’ comp, it’s wise to consult with an attorney to discuss your eligibility for benefits.

How do I file a SC workers’ comp claim so I can start receiving benefits?

Once you determine whether or not you’re eligible for benefits, the next step is to understand what you need to actually do to receive them. To file a workers’ compensation claim in South Carolina and start getting benefits, you’ll need to follow these basic steps:

1. Report the injury. You should notify your employer as soon as possible after an injury occurs, but no later than 90 days, to ensure eligibility for benefits.
2. Seek medical treatment. Next, you should obtain medical attention immediately. This is essential to proving that your injury is work-related. Please be aware that your employer may direct you to a specific medical provider approved for workers’ compensation cases.
3. Verify that your employer submits a claim. After your employer is notified of your injury, they are required to file a claim with their insurer and the South Carolina Workers’ Compensation Commission (SCWCC). If your employer fails to file the claim, you have the option to file it yourself by submitting Form 50 to the SCWCC. 
4. Wait for approval. Once the insurer reviews and approves your claim, you should begin receiving benefits.

If you encounter any issues or disputes during the process or if your claim is denied, consider consulting with a workers’ compensation attorney to help you navigate the claim and ensure you receive the benefits you’re entitled to.

Injured at work in Columbia? We can help!

If you’ve been injured on the job in South Carolina and are unsure of your eligibility for workers’ compensation benefits or if you need help navigating the claims process, don’t hesitate to seek professional guidance. 

The experienced Columbia workers’ compensation attorneys at Smith, Born, Leventis, Taylor & Vega can determine your eligibility for benefits, explain your rights, and negotiate with your employer’s workers’ compensation insurer to get you maximum benefits for your injury.

Contact Smith, Born, Leventis, Taylor & Vega today to schedule a free consultation and find out how we can help you get the justice and compensation you deserve.