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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.

STATE WORKERS' COMPENSATION OFFICIALS

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

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Latest News on STATE WORKERS' COMPENSATION in SC

  • 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.
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    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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