Workers' Compensation
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 Through a network of attorneys in
five offices across the state of South Carolina, Turner Padget provides legal counsel to employers, self-insureds and insurance carriers in all aspects of workers' compensation law on a statewide basis. We also provide counsel on claims management in the workers’ compensation area, as well as representation of employers before courts and administrative bodies in disputes regarding rates, industry classifications and other related matters.
Turner Padget workers’ compensation attorneys pride themselves on their service to clients.
Client Resources
South Carolina Workers’ Compensation
Website
South Carolina Second Injury Fund at a Glance
Workers' Compensation Attorneys
Shareholders
Cynthia C. Dooley, Workers'
Compensation Practice Leader, Columbia
Walter H. Barefoot,
Florence
Michael E. Chase, Columbia
Ellen H. Goodwin, Columbia
Jimmy C. Powell, Jr.,
Myrtle Beach
William (Bill) E. Shaughnessy, Greenville
Wilson S. Sheldon, Greenville
O. Shayne Williams, Greenville
Associates
Tucker C. Cecil, Charleston
Matthew R. Cook, Columbia
Brad B. Easterling, Greenville
Michael B. Eller, Greenville
D. Michael Freeman,
Myrtle Beach
J. Brandon Hylton, Florence
Steven Rodenberg, Charleston
WAITING PERIOD: Seven days. No compensation is payable for the first seven calendar days of disability resulting from an injury, except for medical benefits. If, however, the injury results in disability of more than fourteen days, compensation is paid from the date the disability began. (§ 42-9-200).
AVERAGE WEEKLY WAGE: For injuries occurring on or after June 18, 1996, an employee’s average weekly wage is calculated based on the total amount of wages paid over the preceding four quarters as reported to the Employment Security Commission. Where the length of employment has been short, comparable employees may be used. See § 42-1-40 for further exceptions. For injuries occurring prior to June 18, 1996, the employee’s average weekly wage is the average of earnings during the fifty-two weeks immediately preceding the date of injury. Periods missed from work of seven days or more are not counted against the employee.
COMPENSATION RATE: In South Carolina, the compensation rate is sixty-six and two thirds percent of the average weekly wage subject to the maximum and minimum compensation rates in effect on the date of injury. The compensation rate is as of the date of injury and is not affected by later changes in the allowed maximum or by inflation.
MAXIMUM RATES: January 1, 1994 410.26 January 1, 2000 507.34
January 1, 1995 422.48 January 1, 2001 532.77
January 1, 1996 437.79 January 1, 2002 549.42
January 1, 1997 450.62 January 1, 2003 563.55
January 1, 1998 465.18 January 1, 2004 577.73
January 1, 1999 483.47 January 1, 2005 592.56
MINIMUM COMPENSATION RATE: The minimum rate is $75.00 unless the employee’s actual earnings are less than $75.00. If the employee earns less than the minimum, the compensation rate equals the actual earnings. (Example: actual earnings are $60.00, then the compensation rate is $60.00, rather than $74.00).
TEMPORARY DISABILITY BENEFITS: If the disability resulting from injury by accident exceeds seven days, the injured employee will be entitled to sixty-six and 2/3 percent (66 2/3%) of his average weekly wage not to exceed the maximum allowable by law. (See WAITING PERIOD)
TOTAL DISABILITY (TTD & PTD): 66 2/3% of injured average weekly wage, but not less than $75.00, unless the actual earnings are less than $75.00, then the actual earnings will be used. The total weeks allowed for total disability shall not exceed 500 weeks. (See § 42-9-10).
PARTIAL DISABILITY (TPD & PPD): When incapacity from work resulting from injury is partial, the employer shall pay weekly compensation equal to 66 2/3% of the difference between the employee’s average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter. (See § 42-9-20).
FRACTIONAL WEEKS:
One Day .1428571 Four Days .5714284
Two Days .2857142 Five Days .7142857
Three Days .4285713 Six Days .8571428
MEDICAL TREATMENT: Medical, Surgical, Hospital and other treatment, including medical and surgical supplies as may reasonably be required for a period not exceeding ten weeks from the date of an injury to effect a cure, or give relief and for such additional time as in the judgment of the Commission will tend to lessen the period of disability.
ARTIFICIAL MEMBERS/PROSTHETIC DEVICES: Artificial members and prosthetic devices as may reasonably be necessary at the end of the healing period shall be provided by the employer. Once a prosthetic device has been provided, it shall be furnished during the life of the injured employee or so long as necessary. Damage to a prosthetic device as a result of an injury by accident entities the employee to compensation ensuring that the prosthetic device is repaired or replaced. (See § 42-15-60 and 65).
DEATH BENEFITS: If a death results proximately from an accident within two years thereafter or while total disability continued and within six years after the accident, the employer shall pay to the dependents of the employee, wholly dependent upon his earnings, a weekly payment equal to 66 2/3% of the injured average weekly wage for a period of not less than 500 weeks. (See § 42-9-290), (See this section regarding types of dependents), (For death benefits when there is more than one dependent, see s 42-9-130), (For payment of death benefits where employee leaves no dependents, See § 42-9-140).
FUNERAL BENEFITS: Funeral expenses may be paid up to, but not exceeding $2,500.00. (Where deceased employee leaves no full or partial dependents, funeral benefits are paid in full. See § 42-9-144.)
MEDICAL RECORDS: All existing information compiled by a health care facility, … or a health care provider… pertaining directly to a workers’ compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers’ Compensation Commission, within fourteen days of receipt of written request.
Charges and fees for providing medical records: For the first 30 pages, 65¢ per page and for all other pages, 50¢ per page, and a clerical fee for searching and handling, not to exceed $15.00 per request, plus actual postage and applicable sales tax.
MILEAGE REIMBURSEMENT: Mileage to and from place of medical attention which is more than five miles away from home in the amount of 34½¢ per mile (the rate of 32½¢ per mile applied from January 1, 2000 – December 31, 2000 and the rate of 31¢ per mile applied from April 1, 1999 – December 31, 1999); or actual costs of expense incurred in using public transportation; or actual costs of reasonable overnight lodging and subsistence when necessary.
Commonly Used Forms:Access wcc.state.sc.us for copies of the forms
Form 12A………..…Employer’s First Report of Injury (ACORD 4)
Form 15………………………….Temporary Compensation Report (used to start compensation, and to stop compensation within 150 days)
Form 15S…Supplemental Report of Varying Temporary Partial Payments
Form 16..Agreement for Permanent Disability/Disfigurement Compensation
Form 17……………………………………Receipt of Compensation (used to stop temporary benefits)
Form 18……………………………………………….Periodic Report (used to report payments made and transmit information to Commission)
Form 19……………………….Status Report and Compensation Receipt (used to close claim)
Form 20……………………..Statement of Earnings of Injured Employee (used to calculate average weekly wage and compensation rate)
Form 21………………………………..…Employer’s Request for Hearing (used to request hearing to terminate temporary total benefits
Form 40………………………………… Request for Emergency Hearing
Forms 50 and 52……………………..….Claimant’s Request for Hearing
Forms 51 and 53. ………………….…Defendants’ Answer to Claimants Request for Hearing
(used to report payments made and transmit information to Commission) Form
Second Injury Fund Q & A _Same as previous directions
WHAT IS THE SECOND INJURY FUND? A state agency designed to encourage the hiring and/or retention of employees who have certain permanent pre-existing conditions and are injured on the job.
HOW IS IT FUNDED? Assessments paid by each self-insured employer and insurance carrier. Assessments are based on the Fund’s disbursements for the prior year. Assessments are determined by carriers’ collected premiums and self-insurers’ program costs.
WHEN DO I FILE A CLAIM? Most important thing to remember – put Fund on notice of possible claim before payment of 78 weeks of indemnity. Once notice is given, you may monitor case before deciding whether to pursue a claim. To assign a claim number, SIF needs to know: employee’s name, employer’s name, carrier’s name, date of accident and location of accident. Send the Workers’ Compensation Commission a copy of the notice letter. SIF will send an acknowledgement letter with a notice of claim form.
HOW DO I QUALIFY FOR REIMBURSEMENT?
- Employee must have pre-existing permanent impairment that’s serious enough to constitute a hindrance to employment, or to re-employment if the employee becomes unemployed.
- Injury must combine with or aggravate impairment to substantially increase medical and indemnity costs (just the presence of a condition isn’t enough). Some treating physicians address combination/aggravation in their reports; others you will have to ask, usually via questionnaire.
- Employer must meet a knowledge requirement.
- Certain payment thresholds apply.
WHAT CONDITIONS QUALIFY AS PERMANENT IMPAIRMENTS? 33 conditions are presumed to be hindrances to employment – they include arthritis, diabetes, prior ruptured intervertebral disc, etc. These are known as “listed conditions.” Other conditions may qualify a claim for reimbursement, but requirements are more stringent. (SEE QUESTIONNAIRE ON BACK FOR LIST OF CONDITIONS.)
WHAT IS A “BUT FOR” CLAIM? One in which the injury would not have occurred “but for” the existence of the prior condition. A good example is that of a deaf employee who doesn’t hear a truck backing up and is hit.
WHAT IF I DON’T SEE ANY EVIDENCE OF A PRIOR PERMANENT IMPAIRMENT? It never hurts to put SIF on notice of a possible claim, to protect your rights. Often, such conditions don’t manifest themselves right away. If no prior permanent impairment becomes apparent, you do not have to pursue the claim.
WHAT IS THE KNOWLEDGE REQUIREMENT AND HOW DO I MEET IT?
Must prove one of two things:
- Condition known to employee, and employee told employer – post-offer questionnaire, medical insurance claim forms, leave requests, etc., may be used to satisfy requirement. May also provide affidavit from employer that employee revealed the condition (this is known as “verbal knowledge”).
- OR -
- Condition withheld by employee – post-offer questionnaire. In rare cases, affidavit from employer that employee was asked about prior problems, but withheld existence. Scenario is probably most common with prior surgeries.
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