What You Should Know About SC Laws – Workers Compensation


South Carolina laws make it mandatory for employers of more than four people to pay for medical bills and lost wages for employees who are injured in the course of employment. Employers can meet these financial obligations by purchasing workers compensation insurance or by providing the state with proof of financial responsibility, also called self-insuring. Workers compensation is supposed to be the exclusive remedy for injured employees, which means employers are supposed to be protected from lawsuits brought by employees. However, disputes over coverage and claims often arise.

South Carolina law procedure for workers compensation disputes


When an employee and employer have a dispute over a workers compensation claim, the dispute is presented to the South Carolina Workers Compensation Commission. This commission assigns the dispute to a commissioner who hears both sides and provides a ruling. The ruling can be appealed to a hearing by a panel of commissioners, who offer their ruling. Finally, the ruling of the panel of commissioners can be appealed to circuit court all the way through to the Supreme Court.

How lawyers defend workers compensation claims


If an employer is insured, the insurance company provides a defense for the employer. The insurance company usually hires an attorney to present the case to the commission and to argue on behalf of the employer and insurance company. If an employer is self-insured, a South Carolina attorney is hired directly by the employer to present the case to the commission.

A lawyer in SC defends a workers compensation claim by trying to show the accident did not arise out of and in the course of employment. Many times the injury happens somewhere else and the employee claims it happened at work. Other times questions of whether the injured is an employee arise. Most often the extent of injury is disputed. The attorney and the employer use extensive accident investigations, independent medical examinations, and testimony from medical experts to defend workers compensation claims.

Contact us


The Workers' Compensation Practice Group at Young Clement Rivers, LLP serves employers, self-insured employers, and insurance carriers in the handling of their workers compensation claims for state and federal benefits. The South Carolina law firm's decades of experience handling some of the most prominent workers compensation cases in the state have earned the group a solid reputation with the South Carolina Workers Compensation Commission. Contact us today for consultation.