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Overview of South Carolina Workers’ Compensation Law

The South Carolina Code of Laws includes a section entitled The South Carolina Workers’ Compensation Law, S.C. Code Section 42-1-10. This section of the law addresses employees’ and employers’ rights and responsibilities relating to claims arising from on-the-job injuries.

When an employee is injured on the job in South Carolina, the injured employee is entitled to medical treatment of any causally related medical condition, paid for by the employer or its insurance carrier. Additionally, the employer is required to provide transportation to such treatment, as well as translation services as needed. Such medical treatment is to be provided by the employer until the treating physician determines that the employee’s condition has reached “maximum medical improvement,” meaning that further medical treatment is unlikely to improve the employee’s condition. Notably, the employer may select the treating physician and is entitled to access to all medical records relating to the treatment.

While the injured employee is receiving medical treatment, the treating physician may hold the employee out of work to assist the employee’s recovery. If the injured employee is held out of work by the treating physician for eight or more days the employer is required to provide weekly temporary total disability payments to the employee at the rate of two-thirds of the employee’s pre-injury weekly wages.

Once the employee has reached “maximum medical improvement,” if the employee has sustained any physical impairment he or she is entitled to compensation for any resulting disability. Such disability is determined by a mathematical formula set forth in the workers’ compensation law. If an agreement is not reached between the injured employee and the employer as to the amount of such compensation the Workers’ Compensation Commission may decide the appropriate amount.

Due to the various issues that may arise during a workers’ compensation claim, including regarding treatment, temporary total disability payments, and benefits for permanent disability, an employee suffering an on-the-job injury is strongly encouraged to consult with an experienced workers’ compensation attorney. To consult with the attorneys at Liberty Oak Law Firm, please call (843) 671-5550 or email attorney Joseph DuBois at This email address is being protected from spambots. You need JavaScript enabled to view it..

The foregoing is designed for general information only. The information is not, nor is it intended to be, and shall not be accepted or relied upon as legal advice. You should immediately consult an attorney for advice for your specific matter. Nothing contained in this website nor the submission of information via this website shall form an attorney-client relationship.

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Joseph DuBois is the attorney to hire if you have a very unpleasant timeshare matter. After researching and speaking with several South Carolina attorneys, I soon learned he is the attorney who will actually wrestle these corporations all the way to the South Carolina Supreme Court. Watch the... Read More

Kori Brett and Joe give incredibly helpful advice. They are responsive to every message, no matter the time, and couldn't have been nicer. I could not be happier with their representation.

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Kori Brett McKeithan is one of the hardest working, most passionate legal representatives I have ever met. Her commitment to perfection is unmatched. As an attorney of over 20 years, I can unequivocally say I would trust her with any legal needs I professionally or personally have. She will not... Read More

I am so thankful to attorney McKeithan. I can't say enough about her quick turnaround. I feel like I made a lifelong friend. Thank you!

I have known Kori Brett for nine years. I am continually impressed by her knowledge and attention to detail. Her relentless pursuit of her clients' goals is incredible. She is a lawyer you can depend on and she will stop at nothing to zealously represent you in the manner every client expects.

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Disclaimer

This website is designed for general information only. The information is not, nor is it intended to be, and shall not be accept or relied upon as legal advice.

You should immediately consult an attorney for advice for your particular matter. Nothing contained in this website nor the submission of information via this website shall form an attorney-client relationship.