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Workers' Compensation
You have the right to have legal representation
If you have a work related injury, you have the right to seek
assistance from an attorney . Coastal Law can help ensure that you receive
any benefits you are entitled to for your injury.
Coastal Law
Firm advises and
represents injured workers on all aspects of workers' compensation
coverage and claims arising from workplace injuries.
The South Carolina Workers' Compensation Law (Section 42 of the South
Carolina Code of Laws) entitles you to important benefits for disabling,
job-related injuries.
The purpose
of the law is "to compensate employees for the economic consequence of
work-related injury, illness and disease without regard to fault,"
according to the South Carolina Workers' Compensation Commission, the
state agency charged with administering the law.
SOUTH CAROLINA
J. Alan Bass, Chairman
Workers' Compensation Commission
1612 Marion Street
P. O. Box 1715
Columbia, SC 29201
(803) 737-5700 or 1-800-868-4244
Code of Laws
Title 42 - Workers' Compensation

Latest News on
South Carolina: In South Carolina, where soaring costs have
been fueling large premium increases, Gov. Mark Sanford signed a
comprehensive workers compensation bill in June. The bill is expected to
reduce fraud and abuse of the system. Better medical documentation will be
required for repetitive injury claims to show the conditions that produced
the injury were work-related and not just due to the normal aging process
and also for stress-related claims. In addition, the legislation closes
the Second Injury Fund and requires insurers to file data on their
administrative costs with the insurance department for review. In signing
the bill, the Governor said that while the measure would remove some of
the subjectivity from the system, workers compensation awards still fell
short of being based on objective standards. The South Carolina workers
compensation system had become so expensive that insurance companies
providing coverage in the state were losing an average of 25 cents on
every premium dollar, industry representatives say.
Although the number of claims has dropped in South Carolina, as it has
across the nation, due to advances in technology and safer machinery,
claims costs (the size of claims) are rising. Workers compensation medical
payments are growing faster in the state than in most others, attorney
involvement in contested cases is higher than average and it takes longer
to settle claims, according to NCCI Holdings.
The recommendation to dissolve the Second Injury Fund was prompted in
part by an increase of 38 percent in the amount assessed employers and
insurers to finance the Fund. Second Injury Funds were originally set up
to make it easier for workers injured at another place of employment to be
hired, see Background section, but have been eliminated in at least 17
states, including South Carolina, following the passage of
antidiscrimination laws.
WORKERS COMPENSATION LAWS FOR DOMESTIC
WORKERS BY STATE

As of October 2007
|

Type of Law |

Threshold for Compulsory Coverage |
|
State |
Excluded (b) |

Voluntary (c) |
Compulsory |
Time Worked |
Earnings |
Other |
| AL |
|
X |
|
|
|
|
| AK |
|
X |
|
|
|
|
| AZ |
|
X |
|
|
|
|
| AR |
|
X |
|
|
|
|
| CA |
|
|
X |
52 hours during 90 days prior to injury or
exposure to disease |
Or $100 during 90 days prior to injury or
exposure to disease |
Excludes a household worker employed by the
worker's parent, spouse or child |
| CO |
|
|
X |
40 hours per week or 5 days per week |
|
|
| CT |
|
|
X |
26 hours per week |
|
|
| DE |
|
|
X |
|
$750 per 3 months |
|
| DC |
|
|
X |
240 hours during quarter |
|
|
| FL |
|
X |
|
|
|
|
| GA |
|
X(d) |
|
|
|
|
| HI |
|
|
X |
|
$225 per every quarter during preceding 12
months |
|
| ID |
|
X |
|
|
|
|
| IL |
|
|
X |
40 hours per every week for 13 weeks during
year |
|
|
| IN |
|
X |
|
|
|
|
| IO |
|
|
X |
|
$1,500 during 12 weeks prior to injury |
|
| KS |
|
|
X |
|
|
Employer payroll $20,000 in prior year for all
workers |
| KY |
|
|
X |
|
|
2 employees, 40 hours per week |
| LA |
X |
|
|
|
|
|
| ME |
|
X |
|
|
|
|
| MD |
|
|
X |
|
$801 per quarter |
|
| MA |
|
|
X |
16 hours per week |
|
|
| MI |
|
|
X |
35 hours per every week for 13 weeks during
preceding 52 weeks |
|
|
| MN |
|
|
X |
|
$1,000 in any 3 month period of previous year |
|
| MS |
|
X |
|
|
|
|
| MO |
|
X(d) |
|
|
|
|
| MT |
|
X |
|
|
|
|
| NE |
|
X |
|
|
|
|
| NV |
|
X |
|
|
|
|
| NH |
|
|
X |
|
|
|
| NJ |
|
|
X(e) |
|
|
|
| NM |
|
X |
|
|
|
|
| NY |
|
|
X |
40 hours per week, non-farm |
|
|
| NC |
|
X |
|
|
|
|
| ND |
|
X |
|
|
|
|
| OH |
|
|
X |
|
$160 per quarter |
|
| OK |
|
|
X |
|
|
Employer payroll in preceding year of $10,000
per worker |
| OR |
|
X |
|
|
|
|
| PA |
|
X |
|
|
|
|
| RI |
|
X |
|
|
|
|
| SC |
|
|
X |
|
|
4 employees per employer; payroll more than
$3,000 in previous year |
| SD |
|
|
X |
20 hours per week for more than 6 weeks in 13
weeks |
|
|
| TN |
|
X |
|
|
|
|
| TX |
|
X(d) |
|
|
|
|
| UT |
|
|
X |
40 hours per week |
|
|
| VT |
|
X |
|
|
|
|
| VA |
X |
|
|
|
|
|
| WA |
|
|
X |
|
|
2 employees; 40 hours per week each |
| WV |
|
X |
|
|
|
|
| WI |
|
X |
|
|
|
|
| WY |
X |
|
|
|
|
|
(a) Domestic workers include
household workers such as babysitters, housecleaners, gardeners, etc.;
in some states excludes family members.
(b) Domestic workers are specifically excluded from the workers
compensation system.
(c) Employers are permitted to provide workers compensation coverage
voluntarily.
(d) Elective or optional.
(e) Coverage is voluntary for domestic workers but on an elective
basis, i.e., an employer may elect, in writing, prior to an accident,
not to be subject to the law. However, this requirement renders the
law compulsory in practice. In New Jersey, homeowners insurance
policies must contain provisions covering domestic workers.
Source: "Workers Compensation: Exposure, Coverages, Claims,"
ISBN #0-923240-12-8. Standard Publishing Corp., Boston, MA. All rights
reserved; PCI. |

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