The South Carolina Workers Compensation Act (SCWCA) was enacted in 1935 as a compromise between workers and employers. Prior to 1935 in South Carolina, if a worker suffered an injury at work, the worker was required to prove the employer was in some way negligent.
To streamline the multitude of work injury claims and make the system fair both the industry and workers, the SCWCA, requires the employer or it’s workers compensation insurance company to pay for all medical bills associated with an injury that occurs “within the course and scope of employment.” In addition to medical bills being paid for related medical needs, if the worker is out of work for more than 14 consecutive days, the worker is entitled to Temporary Total Disability benefits of approximately 2/3 of the worker’s average weekly wage. Once the worker reaches maximum medical improvement, the point at which doctors feel that medically, there is nothing else to be done to improve the overall function of the injured body part(s), doctors “release” the patient and evaluate the patient under the AMA Guides to the Evaluation of Permanent Impairment.
The SCWCA requires the employer to pay the worker compensation for any permanent disability suffered due to the injury. That can range from a minor impairment/disability, to a horrific, permanent, life changing impairment/disability. Each case is different; and compensation levels differ, based on the particular worker’s average weekly wage.
Posted in: Serious Injury