What is Workers Compensation?

Prior to 1900 if an employee was injured on the job he or she could only recover damages if negligence on the part of the employer could be proven. If an injured worker could successfully do so, damages for pain and suffering, medical bills, lost income and permanent injury could be recovered. Unfortunately most injured workers received nothing. Beginning in early 1900's states, including South Carolina, enacted Workers’ Compensation laws.


Under South Carolina's Workers' Compensation Law all employers with few exceptions are required to provide workers compensation benefits to injured employees regardless of the nature of the injury. An injured worker can recover medical bills and expenses, lost income and benefits for permanent injuries, however, damages for pain and suffering are not recoverable.


Unfortunately, unlike most states, South Carolina allows the employer’s insurance carrier to choose a doctor for the injured worker. This is one of the main reasons that an injured worker needs an attorney with experience in handling workers' compensation cases to deal with the many problems that can arise because the employers have this right.


Worker's Compensation cases are decided initially by a single Commissioner who acts as judge and jury to determine what, if anything, the injured worker is entitled to receive. There are seven Commissioners chosen by the Governor. If the single Commissioner rules against the injured worker he or she can appeal to the Full Commission which usually consists of three of the Commissioners that did not hear the case.


I have 52 years of actual Workers’ Compensation practice and with my experience and knowledge of the law I can make sure that you, as an injured worker, receive all the benefits to which you are due.