The Law Office of Sean M. Wilson Helps Injured Workers Access South Carolina Workers’ Compensation Benefits
At the Law Office of Sean Wilson, we draw inspiration from the courageous leaders of the civil rights movement who fought tirelessly for justice and equality. Just as Dr. Martin Luther King Jr. and others stood up for fundamental human rights, we believe every injured worker deserves a strong voice advocating for their rights and dignity.
Dr. King famously supported workers' rights, including the 1968 Memphis sanitation workers' strike. He understood that workplace safety and fair treatment are fundamental civil rights. Today, we honor that legacy by ensuring that every injured worker—regardless of their background, job title, or circumstances—receives the full protection of South Carolina's workers' compensation laws.
Like those pioneering civil rights attorneys who used the legal system to create positive change, we see our role as more than just handling cases. We strive to make workplaces safer and ensure the workers' compensation system serves everyone fairly. When we represent you, you're not just getting legal help—you're partnering with advocates who believe in justice for all.
What Benefits Are Available Through Workers' Compensation?
South Carolina law provides several types of benefits to help you recover and maintain financial stability while you're unable to work.
Medical Treatment Coverage
The workers' compensation system covers all reasonable and necessary medical care related to your workplace injury. This includes:
- Doctor visits and specialist consultations
- Hospital stays and surgical procedures
- Physical therapy and rehabilitation
- Prescription medications
- Medical devices like crutches or braces
- Emergency room care and ambulance services
Unlike regular health insurance, there are no deductibles or copays for authorized treatment. However, you must see providers approved by your employer's insurance company unless it's a genuine emergency.
Weekly Wage Replacement Benefits
When your injury prevents you from working, you're entitled to temporary total disability benefits. There's a seven-day waiting period before wage benefits begin. However, if you're out of work for more than 14 days, you'll receive payment for that first week.
South Carolina sets maximum weekly benefit amounts that change annually. However, for most workers, the payments equal 66 2/3% of their average weekly wage, calculated based on the four quarters before the injury.
Permanent Disability Compensation
Some workplace injuries result in permanent impairment. South Carolina provides two types of permanent disability benefits:
- Permanent partial disability for workers who retain some function but have lasting limitations
- Permanent total disability for workers who can never return to gainful employment
The amount and duration of permanent disability payments depend on:
- The body part affected
- The percentage of impairment
- Your pre-injury wages
- Your ability to return to work
- Your age and education level
Travel Expense Reimbursement
You can receive mileage reimbursement for trips to medical appointments if they're more than five miles round trip from your home or workplace. Keep detailed records of:
- Date of each trip
- Starting point and destination
- Total miles driven
- Parking fees or toll charges
- Necessary lodging costs for distant treatment
Vocational Rehabilitation Services
If your injury prevents you from returning to your previous job, you may qualify for vocational rehabilitation. These services can include:
- Job skill assessment
- Career counseling
- Resume preparation
- Job search assistance
- Training for new employment
- Education programs
- Work hardening programs (return-to-work programs designed by trained therapists)
Death Benefits for Surviving Dependents
When a workplace injury results in death, certain family members may receive benefits including:
- Burial expense compensation
- Weekly payments for surviving spouse and dependent children
- Educational benefits for dependent children
- Coverage of medical expenses prior to death
You Should Report Your Work Injury As Soon as Possible
South Carolina law requires you to notify your employer within 90 days of your workplace accident. While this might seem like plenty of time, waiting even a few days can raise suspicions.
Insurance adjusters often question delayed reports, arguing that a truly injured worker would seek help immediately. They may suggest you were hurt somewhere else and are trying to blame it on work.
Preexisting Conditions Should Not Affect Your Right to Benefits
One of the most frustrating claim denials comes when insurers blame your symptoms on a preexisting condition. For example, they might argue that your current back pain stems from an old sports injury rather than lifting boxes at work or that your carpal tunnel syndrome existed before your current job.
Luckily, South Carolina law recognizes that workplace accidents can aggravate or accelerate preexisting conditions. If your job duties made an old injury worse, you may still qualify for benefits. The key is having medical evidence that shows how the work incident changed or worsened your condition.
If Your Benefits Are Initially Denied, We Can Help With Your Appeal
Don't give up if your claim is initially denied. You have the right to appeal through the South Carolina Workers' Compensation Commission. Success on appeal often depends on:
- Detailed accident reports
- Consistent medical records
- Witness statements
- Evidence of following treatment plans
- Documentation of work restrictions
- Proof of timely reporting
The experienced legal team at the Law Office of Sean M. Wilson can help you avoid common pitfalls associated with South Carolina work injury claims and gather the evidence needed to overcome claim denials.
“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”
— Martin Luther King, Jr.