If you’ve been hurt on the job, we understand how frustrating going through the South Carolina workers’ comp system can be. Many times, our workers’ compensation clients are the main provider for their family, so it’s critical for them to get their compensation as quickly as possible during and after the recovery process. Learn more about how workers comp checks and settlements are paid out in South Carolina and how Cavanaugh & Thickens can help you get the maximum compensation you’re owed after a work injury.
The Process For Getting Workers’ Comp Payments and Benefits in South Carolina
The South Carolina workers’ compensation process has a few main steps:
1. Injury and Employer Notice
After an on-the-job injury or illness, you must notify your employer of the accident within 90 days. But, it is best to notify them as soon after the accident as possible.
2. File Your Workers’ Compensation Claim
Next, you will file your workers’ compensation claim. Ideally, this should be done as soon as possible following the notification to your employer. This is done via a Form 50, which you can find on the South Carolina Workers’ Compensation Commission (SCWCC) website.
3. Follow Your Medical Provider’s Treatment Plan
Your employer and its insurance company will select your treating doctor, and you are expected to follow their treatment plan. Your treating doctor is responsible for diagnosing your injuries, referring you to specialists as needed, recommending any work restrictions, determining when you’ve reached maximum medical improvement, and more.
Related FAQ: Can I Choose My Own Workers’ Comp Doctor?
4. Reach MMI and Finish Treatment
Your doctor at some point will determine that you’ve reached maximum medical improvement (MMI), meaning that you have recovered to your fullest potential. Depending on what this looks like, you may be able to return to work and/or discuss any future care needs.
5. Receive Your Settlement
There are many factors that will play into how much compensation you will receive for your case, including:
- The extent of your injuries/illness
- Your past, present, and future medical costs
- How much you were making before the accident
- Your lost wages
- Your impairment rating and any permanent impairments
- And much more
An experienced workers’ compensation attorney will help you understand your rights and what you may be entitled to based on the specifics of your case. Talking to an award-winning workers’ comp lawyer at Cavanaugh & Thickens is entirely free, simply call our office today at (803) 888-2200, email [email protected], or complete our online form and a member of our team will be in touch shortly.
How Long Will It Take To Receive My Workers Comp Payments?
If your work injury or illness keeps you out of work for at least a week, you may qualify to receive compensation while you are recovering. This is known as temporary total disability. Typically, you will begin to receive payments under temporary total disability on the 8th calendar day following your inability to work.
How Much Does South Carolina Workers’ Comp Pay?
Under South Carolina workers’ compensation law, your temporary total disability payments will be 66 and 2/3% of the gross income you were earning before your injury. However, if you have worked at your job for less than a year, your employer and its insurance company may try to adjust this percentage. If that is the case for you, it’s in your best interest to speak to a lawyer today.
Will My Workers Comp Checks Come Biweekly?
Typically, injured employees receiving temporary total disability are paid weekly. This is paid for by your employer or its insurance company.
How Long Will I Receive Temporary Total Disability Workers Comp Checks?
Generally, if you are out of work for longer than a week and begin to receive temporary total disability payments, you will continue to receive these payments until your doctor says you are able to return to work.
If your injuries prevent you from returning to work in the same capacity, or at all, you may qualify to receive a permanency award. Depending on the specific injuries you’ve suffered, you may also qualify to receive permanent partial disability (PPD) benefits or permanent total disability (PTD) benefits.
To learn more about your options based on the specifics of your accident, our team is here to help. Simply give our reputable South Carolina workers’ compensation team a call at (803) 888-2200.
What Can Cause Delays in Receiving My Workers’ Comp Payments?
There are a few things that can prevent you from receiving your workers’ compensation payments in a timely manner. In the earlier stages of your case, it is not uncommon for your workers’ compensation claim to be denied. This is not uncommon and typically happens due to:
- Missed deadlines
- Failure to follow rules
- Your injury or illness was deemed to be “off-the-job”
- You had pre-existing conditions
- Your employment status was misclassified
- Inadequate proof of your injury
- Or another reason
If your workers compensation claim was denied, it is in your best interest to speak with an experienced workers’ compensation lawyer. We will help you optimize your claim and appeal the denied claim.
In addition to denied claims, we’ve seen that employees must rigorously follow up with their employer to make sure steps are being taken to start the workers compensation process – failure to do so can cause delays and even prevent the process from beginning altogether. In addition, if the person you reported the injury to does not notify the company’s workers compensation insurance company, your claim and payments may be delayed.
Hiring a lawyer will help ensure that you and your claim are being taken seriously and ensure that you get the time and compensation you deserve.
How Long Does it Take to Receive My Workers Comp Settlement Check?
Unfortunately, it is hard to give a fair, accurate estimate of how long it will take to receive your workers’ compensation settlement check without knowing the specifics of your case. However, if your settlement has already been negotiated and agreed-upon by all parties, you will generally receive your check within one to two months. Before accepting a settlement offer, it is in your best interest to speak with a local workers’ compensation lawyer to make sure you are not getting lowballed or taken advantage of.
South Carolina Workers Compensation Lawyers Fighting For Injured Workers
If you have any questions regarding a work injury or the South Carolina workers’ compensation system, we are here for you. To learn more, contact our office at (803) 888-2200. We are proud to help South Carolina employees and their loved ones recover physically, financially, and emotionally following an unexpected injury at work.
Our team’s dedication to our clients has resulted in numerous awards, including Cavanaugh & Thickens, LLC being named as Columbia’s “Best Workers’ Comp Law Firm” by FreeTimes in 2022 and 2023. Get our team on your side – contact Cavanaugh & Thickens today.