Does Your Company Have a Workers’ Compensation Procedure in Place?

Workers’ compensation is designed to provide benefits to employees who are injured on the job or suffer a workplace illness. Most employers in South Carolina are required to carry workers’ compensation insurance. If you have employees and are unsure about your workers’ compensation procedures, you may want to contact a South Carolina labor and employment lawyer to discuss what you should do.

Employers Required to Post Notice of Workers’ Compensation Coverage

If you are an employer operating under the workers’ compensation laws in South Carolina, you must post a form entitled Employer’s Notice of Being Subject to the Act. The form provides information about workers’ compensation rights and must be posted in a place where your workers would normally see the poster. The notice provides information about how to report a workplace injury, including the name of your workers’ compensation carrier, the carrier’s address, and the claims telephone number.

The notice instructs employees to report injuries to their employer “at once.” This should be reflected in your company’s employee policy and procedure manual, along with a notice that the employee should tell the doctor that the employee is covered by workers’ compensation. Employees should also be instructed to notify the workers’ compensation provider listed on the notice or the S.C. Workers’ Compensation Commission if the employee experiences problems or undue delays with the claim.

As an employer, you are also responsible for creating procedures for reporting injuries or illnesses. For example, an employer may have an accident report it wants employees to use to report injuries or an employee may be instructed to report accidents to supervisors who in turn file reports with management.

If an employer or an insurance provider denies a workers’ comp claim that was reported according to the steps provided by the S.C. Workers’ Compensation Commission, the worker is entitled to contact the Commission and a South Carolina employment attorney.

Four Facts You Need to Know About a South Carolina Workers’ Comp Claim

1.    Injuries must be reported within 90 days. Failure to report the accident and injury within 90 days could result in a claim being denied.

2.    Employers can choose the doctor. By law, as an employer, you can choose the doctor who treats your workers’ injuries. You or the insurance provider may approve a different doctor, but employees should be notified that they should request permission before seeing another doctor, or they may be responsible for the costs.

3.    Workers’ Compensation is a no-fault system. In most cases, an employee’s negligence does not prevent the employee from receiving workers’ comp benefits.

4.    The workers’ compensation carrier pays the employees benefits. Employers typically are not responsible for the payment of workers’ comp benefits. The workers’ comp insurance provider is responsible for paying workers’ comp benefits. Therefore, employees often deal directly with the workers’ comp carrier regarding claims and benefits.

Contact the South Carolina Employment Attorney If You Have Questions

Failure to have adequate policies and procedures in place regarding workers’ compensation benefits can cost you dearly if one of your employees is injured on the job. For assistance in creating or reviewing your policies, schedule a consult with a member of our team at Willcox, Buyck & Williams, P.A. today.