Workers Compensation

Workers Compensation

If you are injured while on the job in South Carolina, you are entitled to Worker's Compensation, according to Section 42 of the South Carolina Code of Laws. But navigating the waters of filing a successful Worker's Compensation claim isn't easy. We highly recommend consulting a lawyer as quickly as possible if you are injured while working.

What to do first

If you suffer a workplace injury, there are two things that you should do immediately: seek medical attention and report the incident to your employer. However, you should not delay getting medical treatment for the sake of reporting your injury. Under South Carolina's Workers' Compensation Law, you must report your injury to your immediate supervisor within 90 days. If an injury is not reported within this time frame, an employee may forfeit the ability to receive benefits. And it is illegal for anyone to try to talk you out of reporting your injuries. If your employer or supervisor attempts to intimidate you into not reporting an injury that has occurred on the job, call a lawyer right away.

Aside from the actual injury, an employee will have to prove that the injury did indeed occur in the workplace. While it may sound like a simple process, it really isn't.  An injury doesn't need to occur on your physical job site for an employee to be eligible for Workers' Compensation benefits. Rather, it must be make evident that the injury occurred within the "course and scope" of your job. South Carolina law defines "course and scope" as a "worker activity which is done in furtherance of the interests of their employer".

Common Causes of Workplace Injuries

Overexertion from excessive physical activity including lifting, pushing, pulling, holding or throwing

Falling off of ladders or scaffolding

Repetitive trauma due to repeated stress or strain

Motor vehicle accidents

Being struck by falling objects or falling because of slippery, dangerous surfaces


If an injury has occurred on the job and during the course and scope of employment, it will more than likely be covered by South Carolina's Workers' Compensation laws. Workers' Compensation is designed to pay for necessary medical care, wages that are lost while you are unable to work, permanent disability, disfigurement, physical impairment, loss of limbs, reimbursement for certain mileage costs for travel to a doctor's office or to pick up prescriptions as well as death benefits.

Types of Benefits

If you are injured worker, workers' compensation provides benefits for:

Medical Expenses - In the state of South Carolina, Workers' Compensation covers the entire cost of necessary medical treatment. Many times, however, disputes arise over what is "necessary" treatment and in those cases, it is best to have an attorney help you through such disputes. 

Lost wages - If you must be out of work because of your injury, South Carolina Worker's Compensation laws provide income replacement benefits. The law states that an injured worker may receive two-thirds of their average weekly pay for the last four quarters while they recover from their injury. There is a maximum weekly benefit, however, that caps at $838.21 for the year 2018.

Long-Term Disability - Sometimes workplace accidents can result in very serious injuries or even death. In those cases, permanent disability benefits may be available and benefits can last for up to 500 weeks. Such cases are very complex and you needs the skills of an attorney to assist you in receiving the maximum amount of benefits you are entitled to. Having the right attorney for your needs can make a huge difference in the outcome of your case.

We serve York County, Lancaster County and Chester County and all cities within those counties including Rock Hill, Fort Mill, Clover, Lake Wylie, Tega Cay, York, Sharon, Hickory Grove, Indian Land, Catawba, Lancaster, Chester, Great Falls and Richburg. We also serve Charlotte and the entire surrounding region. Shaw Law Firm has a Former Prosecutor on Staff who is dedicated to representing families and individuals going through difficult situations. Divorces and persons accused of Crimes, including alcohol and drug related charges are the focus.

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