ExpertLaw - Your Source for Legal Information



South Carolina Worker's Compensation Benefits

Important Notice: The following overview of South Carolina's worker's compensation (workmans comp) benefits is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of available benefits and may not reflect subsequent changes in the law. For a full review of South Carolina's worker's compensation law, or for a determination of how the law applies to a specific worker, please consult a worker's compensation attorney licensed to practice in the state of South Carolina.

Contents

Introduction

South Carolina's system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers may be permitted.

Special Employment Situations

Employers with fewer than four employees are exempt from the state's worker's compensation act. Agricultural employers may secure worker's compensation coverage voluntarily, but are not statutorily compelled to do so. With the exception of employers who had a total annual payroll during the previous calendar year of less than $3,000.00, an employer with four or more domestic workers is covered by the state worker's compensation act.

Medical Benefits & Choice of Physician

Full medical benefits are provided to employees entitled to worker's compensation benefits, with no time or monetary limits. The employer selects the physician who will provide care.

Disability Benefits Provided

Payments are made for temporary total disability (TTD) in an amount determined by a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments may continue for up to 500 weeks.

Payments are made for permanent total disability (PTD) based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PTD may continue for up to 500 weeks.

Payments for permanent partial disability (PPD) are made based upon a percentage of the worker's wage, subject to a weekly maximum payment amount. Payments for PPD may continue for up to 340 weeks.

Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits. Scheduled awards are not reduced because of receipt of TTD benefits.

Benefits may be available for serious and permanent disfigurement of the face, head, neck, or other areas normally exposed in employment.

Physical rehabilitation benefits are covered under medical services. Vocational rehabilitation benefits are available.

With certain constraints and filing deadlines, occupational hearing losses may be compensable.

Death Benefits Provided

Death benefits are payable to an employee's surviving spouse, or spouse and children, based upon a percentage of the employee's wages, subject to a cap. A burial allowance is available.

Limits on Attorney Fees

Attorney fees for claimants are approved by the agency on a case-by-case basis. In certain cases, the attorney fee may be added to the award.