WORKERS COMPENSATION INFORMATION

WORKERS’

COMPENSATION

INFORMATION

EMPLOYEE’S WORKERS’ COMPENSATION PACKAGE

CONTENTS:

1.

Think Safety First Form – should be completed by employee and supervisor

2.

Report of Injury – Form HRS-16

3.

Election Form – HRS-147 (ONCE SIGNED IT CAN NOT BE CHANGED)

4. Employee/Supervisor

Notification (ESN) – HRS-148

5.

Leave Usage for Workers’ Compensation Medical Appointments Memorandum

6.

Workers’ Compensation in SC

8. FAQ’s:

Workers’

Compensation

Lost Time and Wage Information

9.

Mileage Reimbursement Form – This form will also be mailed from your adjuster

10.

SCDMH Employee Drug Testing Program

IT IS THE EMPLOYEE’S RESPONSIBILITY TO SUBMIT ALL DOCTOR’S

STATEMENTS TO THEIR SUPERVISOR/CHARGE PERSON.

IT IS THE EMPLOYEE’S RESPONSIBILITY TO REQUEST FOR COPIES OF

ALL FORMS AFTER SIGNATURE.

IT IS THE EMPLOYEE’S RESPONSIBILITY TO INFORM ANY CHANGE OF

ADDRESS, TELEPHONE NUMBERS AND NAME CHANGES TO

SUPERVISOR, CASE MANAGER AT COMPENDIUM, AND ADJUSTER AT

STATE ACCIDENT FUND.

ANY QUESTIONS OR CONCERSN SHOULD BE ADDRESSED TO WORKERS’

COMPENSATION COORDINATOR, SHARON D. BROWN, AT 803-898-8605

AND FAX 803-898-0199.

SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH

WORKER’S COMPENSATION PACKAGE

COVER SHEET

!!!!!THINK SAFETY FIRST!!!!!

PLEASE READ ALL THE INFORMATION IN THIS PACKAGE

Acknowledgement of Receipt:

EMPLOYEE SIGNATURE: _______________________________________________

EMPLOYEE NAME (please print): __________________________________________

DATE OF INJURY: ______________________________________________________

DATE PACKAGE SIGNED FOR: __________________________________________

SUPERVISOR NAME: ___________________________________________________

SUPERVISOR TELEPHONE: ______________________________________________

When your employee has a work-related accident,

follow these steps:

1. Complete the Internal Report of Injury

If More than First Aid is Required

2. Fax report to CompEndium Services: 877-710-2667

3. Call CompEndium Services: 877-709-2667

4. Ensure Injured Worker is available to provide and receive

information by their CompEndium Nurse Case Manager at

time of call.

If injury is a life threatening emergency, provide the proper

treatment to the injured worker, prior to contacting

CompEndium Services.

HRS-16 REPORT OF INJURY

 This form is completed by the supervisor/charge person once an injury occurs.

 This form should be faxed/scanned to the SCDMH Workers’ Compensation Coordinator.  The Workers’ Compensation Coordinator will fax/scan form to State Accident Fund assigned

adjuster.

 The information from this report should be called into Compendium if medical treatment is requested, along with form being faxed to Compendium.

Procedures for Reporting Work Related Injury: Form HRS-16

All immediate supervisors are responsible for completing all work related injuries and if the immediate supervisor is not available, the charge person can call in the injury to our provider, Compendium Services. These are the procedures to complete for all work related injuries:

1. The employee must report any injury to the supervisor or charge person immediately. The

supervisor only needs to call in the injury and give a report to Compendium at 877-709-2667 if the employee needs to go for medical treatment. If no medical treatment is required, no call is made to Compendium. However, a Report of Injury (HRS-16) must be completed for all work injuries. The supervisor is to fax/scan a copy of the Report of Injury to the Workers’ Compensation Coordinator, Sharon D. Brown, at 803-898-0199. The original is kept on file in the Human Resources office. 2. The supervisors are to refer to the “Attention Supervisors” Compendium reference card for quick

reference. The supervisor is to call Compendium with the employee present (if possible).

3. Compendium staff will give instructions for the medical care for the employee. The supervisor can give preference of a provider for the employee, or Compendium will recommend a provider for the injured employee.

4. After treatment of the employee, Compendium will normally email/fax a Medical Event Report to the employee’s adjuster at State Accident Form and Sharon D. Brown, Workers’ Compensation Coordinator, instructing if the employee can return to regular duty, modified duty, or be temporarily out of work. It is the employee’s responsibility to submit all updates from doctor’s visits and/or physical therapy visits to their supervisor. If the employee goes back to work before Compendium provides a medical treatment statement, the employee is to provide the supervisor with the medical treatment statement and the supervisor must fax Compendium this information (877-710-2667). 5. The injured employee is responsible for contacting the case manager at Compendium and provides

any follow-up appointments. If employee is placed out of work, the employee is still responsible for contacting the case manager and their supervisor.

REPORT OF INJURY

SCDMH Form

MAR 1985 (Rev. APR 2009)

Rec: Sched 00114 HRS-16 Pg. 1 of 2

INSTRUCTIONS: This report should be prepared on a typewriter, printed or filled in as a computer generated form and must be completed for every injury, no matter how minor. All treatment must be authorized.

Name (Last, First, Middle Initial) Title Date of Birth Social Security No. Date of Hire

Home Address (City, State, Zip) Home Phone (Area Code) Sex

( ) _Male

Female Location (Facility) Work Phone Organizational component (division, service, or section)

Person to whom accident reported Position title of person reported to

Was injury incurred in line of duty? Where did accident occur? Yes No Questionable

Time employee began work Date injury reported Time reported Date accident occurred Time occurred AM AM AM PM PM PM

Type and location of injury What was the employee doing when accident occurred? What tools, equipment, or materials was the employee using?

How did accident occur? (Describe the accident fully stating whether the employee fell or was struck, such as fell down stairs, slipped on wet floor. Give all factors contributing to the accident). What object or substance harmed the employee?

* If this was an assault by a patient, please state patient’s ID number:

What corrective action was taken to prevent recurrence? This section to be filled out by the supervisor.

Witnesses (Names, addresses, and phone numbers)

Date Signature of Employee

Date Signature of Supervisor Phone Number Pager Number Fax Number ( ) ( ) ( )

HEALTHCARE PROFESSIONAL’S REPORT

SCDMH Form

MAR 1985 (Rev. APR 2009)

Rec: Sched 00114 HRS-16 Pg. 2 of 2

I request and give permission to of DMH Employee Health Services for whatever treatment is necessary for my health and well being including the use of whatever medications are deemed necessary. I have been fully informed regarding possible complications.

Signature of Health Care Professional securing release Signature of Employee

FINDINGS:

TREATMENT:

Address if treatment given off site: Treatment in emergency room? Yes No

Hospitalized overnight as inpatient? Yes No

Employer’s First Report of Injury, Form 12-A, SC Industrial Commission (check one)

On the OSHA 300 Log, this claim:

SHOULD NOT BE FILED. Only First Aid indicated SHOULD NOT be recorded on OSHA 300 Log

SHOULD BE FILED because additional medical treatment

is required.

SHOULD be recorded on OSHA 300 Log

No time should be lost from work Time lost (other than day of injury) Time off authorized by health care professional Modified duty assigned

Medical treatment beyond First Aid OSHA 300 case log number

TYPE OR PRINT NAME OF HEALTH CARE PROFESSIONAL ADDRESS

SIGNATURE DATE

Employee Name

SS#: DOI:

Distribution: DMH Workers’ Comp Coordinator (original) Immediate Supervisor

Risk Manager/Safety Officer (facility)

Fire/Safety (DMH) Employee Health

HRS-147 ELECTION FORM

 This form should be completed immediately once the injury occurs. If not, the

employee has up to five (5) days after the injury to complete.

 Once the employee has elected the option, the option cannot be changed unless

authorized by State Accident Fund.

 This form should be faxed/scanned to Time Keeper, Workers’ Compensation

Coordinator, and if option #3 is chosen, the form should be faxed to the Payroll

Department and confirmation should be filed.

Procedures for Completing Election Form: Form HRS-147

Employee is recommended to complete the Election Form as soon as possible, but

has up to five (5) days to complete.

2. The supervisor/charge person is to provide the instructions of the SCDMH Workers’

Compensation Election Form (HRS-147) to the employee and review each option

with the employee.

3. Should the employee have any questions regarding the options, the supervisor should

advise the employee to contact the Workers’ Compensation Coordinator, Sharon D.

Brown, at 803-898-8605, or the State Accident Fund Adjuster at 803-896-5915.

4. Supervisor should fax a copy of the Election Form to the timekeeper once option is

chosen.

SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WORKERS' COMPENSATION

ELECTION FORM HRS-147

OPTION #1

This option allows the employee to use their sick and/or annual leave. The employee can use their sick leave and choose not to use their annual leave. This must be stated on the HRS-147 ELECTION FORM. If an employee chooses to use this option, the employee's leave will not be reinstated. After the employee's leave has been exhausted, then the employee will be placed on LWOP (Leave Without Pay) status to receive Worker's Compensation benefits equaling sixty-six and two third's (66 2/3%) percent of the employee's average weekly wage, not to exceed the current maximum rate. Only permanent full time employees and permanent part time employees have this option.

OPTION #2

This option allows the employee to receive Worker's Compensation which is sixty-six and two third's (66 2/3%) percent of the employee's average weekly wage. The employee will be placed in LWOP (Leave Without Pay ) status. The employee has to be out of work for a total of seven (7) days before the Worker's Compensation insurance carrier will start to pay benefits. The Worker's Compensation insurance carrier will start to pay for only day eight (8), day nine (9), etc. until the employee is out for a total of fourteen (14) days. On the fifteenth (15th) day out of work only then will the employee be entitled to be paid for the first seven (7) days out from work. If the employee is out of work on the eighth (8th) day, the ninth (9th) day, and the tenth (10th) day and returns to work on the eleventh (11th) day the employee will only receive pay for those three (3) days. The employee has to be out of work for a total of fifteen (15) days to receive the first week of pay. The employee's earning will be based on four (4) quarters,

preceding the quarter in which the injury occurred. There will be no deductions from this check as it will come from the Worker's Compensation insurance carrier. Any deductions that would normally be deducted from the employee's paycheck would not be deducted from the Worker's Compensation carrier check. The employee will be responsible for deductions that would normally come out of their paycheck. Permanent full time employees, permanent part time employees and temporary hourly paid employees have this option.

OPTION # 3

This option will also place the employee in a LWOP (Leave Without Pay) status. The employee will only be paid a portion of their sick and/or annual leave. This leave will not be reinstated. Deductions will be taken from sick and/or annual leave. In conjunction with sick and/or annual leave Workers' Compensation portion will be sixty-six and two third's (66 2/3%) percent of the employee average weekly wage. Enclosed is a chart for Option #3 election by the State Budget and Control Board. One check will be issued from the employer (sick and/or annual leave) and the sixty-six and two third's (66 2/3%) percent will be issued from the Worker's Compensation insurance carrier. Only permanent full time employees and permanent part time employees have this option. (See attached sheet)

*Timekeeper will enter LWOP and the payroll office will prorate leave for payment.

SCDMH FORM

Page Two Worker's Compensation:

ADMINISTRATIVE LEAVE:

Administrative leave is for patient, inmate, or client assault only, and "Permanent full-time employees only". The period of Administrative Leave per incident may not exceed one hundred eighty (180) calendar days. The employee must submit documentation from the authorized Physician, by the Employee Health nurse, or by the facility not able to accommodate limitations before Administrative Leave will be granted. The employee must submit a HRS-147 election form before the one hundred eighty (180) days of administrative leave is exhausted.

Important to Note:

Once an employee makes an election it is irrevocable, and the employee will retain that option the duration of that injury. Completion of this form is necessary before benefits of pay can begin. Until an employee submits the HRS-147 election form the time away from duty will be charged Leave Without Pay. The employee must submit this form signed and also signed by the person who explains the options.

All leave taken by an employee under Worker's Compensation must submit documentation that it is authorized for that employee to be out of work. If the employee is out of work without

authorization, that employee will be charged LWOP.

All leave taken by an employee due to an on-the-job injury must submit a HRS-147/P-14/and authorized documentation.

If the employee is working under the daily pool staff, then that employee must report that injury to that primary employer.

WORKERS' COMPENSATION COORDINATOR (803-898-8605)

SCDMH FORM

SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH WORKERS' COMPENSATION ELECTION FORM

This is to certify the options available to me in connection with the on-the-job accident in which I was involved on , 20 and have been fully explained to me. I have elected the option marked with an "X" below. I have read the Workers' Compensation explanation sheet explaining my options.

1. To be placed on paid leave status, using accrued sick leave and/or annual leave (when such leave credits are exhausted before the employee can return to work, the employee shall be entitled to Workers' Compensation disability benefits at the time the specified amount of leave is exhausted).

2. To use Workers' Compensation benefits awarded in accordance with Title 42 of the 1976 code (under this method the employee would receive the disability equal to 66 2/3% of the employee's gross weekly pay, not to exceed the current rate).

3. To receive sick and/or annual leave on a prorated basis in conjunction with Workers' Compensation according to the attached formula approved by the State Budget and Control Board.

Regardless of which method of disability compensation an employee elects, he or she would continue to be eligible for payment of medical costs provided by Workers' Compensation.

Signature of employee Print or type employees name

Social Security Number Facility and date FOR SUPERVISOR TO COMPLETE:

Date of injury

The above named employee began on (Type of leave) (Date) Signature of Supervisor (Date) Distribution: DMH Workers’ Comp Coordinator

Immediate Supervisor Employee

Timekeeper

State Accident Fund

SCDMH FORM

8301 PARKLANE ROAD, SUITE A220  COLUMBIA, SOUTH CAROLINA 29223  WWW.OHR.SC.GOV

NIKKI R. HALEY, CHAIR GOVERNOR CURTIS M. LOFTIS, JR. STATE TREASURER RICHARD ECKSTROM, CPA COMPTROLLER GENERAL

HUGH K. LEATHERMAN, SR. CHAIRMAN, SENATE FINANCE COMMITTEE

W. BRIAN WHITE

CHAIRMAN, HOUSE WAYS AND MEANS COMMITTEE

MARCIA S. ADAMS EXECUTIVE DIRECTOR

Human Resources Division

Samuel L. Wilkins DIRECTOR 803-896-5300 FAX 803-896-5050

M E M O R A N D U M 

TO: Agency Directors and Human Resource Directors of All Agencies, Departments, Institutions and Commissions

FROM: Samuel L. Wilkins

DATE: January 5, 2015

SUBJECT: Coordinating Sick and Annual Leave with Workers’ Compensation Payments

Each year our office distributes the chart to be used in coordinating sick and annual leave with the disability benefit under Workers’ Compensation. The revised chart for 2015 includes the new Workers’ Compensation maximum disability benefit, which increased from $752.16 to $766.05 per week. This new chart is effective as of January 1, 2015.

Section 8-11-145 of the S.C. Code of Laws provides that, in the event of an accidental injury arising out of and in the course of employment with the State, a disabled employee shall make an election to receive compensation under one of the following methods:

To be placed on paid leave status, using accrued sick and/or annual leave (when such leave credits are exhausted before the employee can return to work, the employee shall be entitled to Workers’ Compensation disability benefits at the time the specified amount of leave is exhausted),

To use Workers’ Compensation benefits awarded in accordance with Title 42 of the 1976 Code (under this method the employee would receive the disability benefit equal to 66 2/3% of the employee’s gross weekly pay, not to exceed the current rate of $766.05 per week), or

To receive sick and/or annual leave on a prorated basis in conjunction with Workers’ Compensation according to the attached formula approved by the Budget and Control Board.

Regardless of which method of disability compensation an employee elects, he or she would continue to be eligible for payment of medical costs provided by Workers’ Compensation.

Before the election is made, the effect of the option on the employee’s future leave must be explained to him or her by his or her employer. The election must be in writing and signed by the employee and the person who explains the options to him as soon as possible following the accident. A copy of the election form along with the Employer’s First Report of Injury (Form 12-A) should be forwarded to the State Accident Fund at the earliest possible date.

If you have any questions, please contact your Human Resources Consultant at 803-896-5300.

SLW/ssh Attachment

COORDINATING SICK AND ANNUAL LEAVE WITH WORKERS’ COMPENSATION

Section 8-11-145 of the South Carolina Code of Laws provides that an employee may use sick and annual leave in conjunction with Workers’ Compensation benefits according to a formula to be developed by the Budget and Control Board.

Currently, Workers’ Compensation will pay 66 2/3% of an employee’s average weekly gross pay up to a

maximum of $766.05per week. The total benefit received during a regular payroll period is less than the average

net or take-home pay that an employee would receive if a regular payroll check was issued subject to taxation. The purpose of this formula is to allow employees to maintain the level of spendable income that was being received prior to an injury. This can be accomplished by allowing the employee to use a reduced amount of leave time.

The table shows a constant amount of $103.03 per pay period for those employees whose salaries fall between $15,080 and $59,999 per year. This is due to the fact that the difference between Workers’ Compensation benefits

and regular net pay remains the same until the maximum Workers’ Compensation is reached. $766.05per week is

approximately 66 2/3% of a $59,999 annual salary. At this point, the shortfall in spendable income begins to increase.

The following formula and table were developed to assist agencies in calculating appropriate leave charges that will, when added to the Workers’ Compensation benefits, equate closely to the net pay an employee would receive in a regular pay check if at work. For those agencies on the South Carolina Enterprise Information System

(SCEIS), you can find information at https://uperform.sc.gov/gm/folder-1.11.3877

on how to process an employee’s Leave of Absence under Worker’s Compensation Option 3.

AMOUNT OF LEAVE TO BE CHARGED PER PAY PERIOD

Annual Salary = Hourly Rate Gross Amount Paid (See Chart) = Leave Time Base Hours (1950 or 2080) Hourly Rate Per Pay Period

SALARY RANGE Pay Period

Gross SALARY RANGE

Pay Period Gross $15,080 - $59,999 $103.03 $78,000 - $78,999 $753.73 $60,000 - $60,999 $135.10 $79,000 - $79,999 $792.27 $61,000 - $61,999 $167.41 $80,000 - $80,999 $830.76 $62,000 - $62,999 $199.70 $81,000 - $81,999 $869.28 $63,000 - $63,999 $232.15 $82,000 - $82,999 $907.80 $64,000 - $64,999 $264.80 $83,000 - $83,999 $946.30 $65,000 - $65,999 $297.41 $84,000 - $84,999 $984.84 $66,000 - $66,999 $330.17 $85,000 - $85,999 $1,023.37 $67,000 - $67,999 $363.16 $86,000 - $86,999 $1,061.87 $68,000 - $68,999 $396.10 $87,000 - $87,999 $1,100.38 $69,000 - $69,999 $429.19 $88,000 - $88,999 $1,138.90 $70,000 - $70,999 $462.51 $89,000 - $89,999 $1,177.40 $71,000 - $71,999 $495.78 $90,000 - $90,999 $1,216.29 $72,000 - $72,999 $529.21 $91,000 - $91,999 $1,255.18 $73,000 - $73,999 $562.87 $92,000 - $92,999 $1,294.02 $74,000 - $74,999 $599.89 $93,000 - $93,999 $1,332.92 $75,000 - $75,999 $638.17 $94,000 - $94,999 $1,371.80 $76,000 - $76,999 $676.72 $95,000 - $95,999 $1,405.68 $77,000 - $77,999 $715.22 $96,000 - $96,999 $1,441.36

HRS-148 EMPLOYEE/SUPERVISOR NOTIFICATION (ESN)

 This form should be completed by the supervisor/charge person after each doctor’s

visit.

 This form indicates if restrictions (if given) can be or cannot be accommodated.

 A copy of this form should be faxed/scanned to the timekeeper, the employee, and

SCDMH Workers’ Compensation Coordinator. The Coordinator will fax/scan to

the assigned adjuster at State Accident Fund.

Procedures for Completing Employee/Supervisor Notification

Form HRS-148

1. After the supervisor receives the medical treatment information or doctor/physical

therapy statement from the injured employee, the supervisor must complete the

Employee/Supervisor Notification Form (ESN Form HRS-148). The form must be

dated, injury date given, work status and restriction area completed, supervisor

response, supervisor’s signature, complete telephone and pager number, and date

form completed.

2. The supervisor will fax/scan HRS-148 to the timekeeper and to Workers’

Compensation Coordinator, Sharon D. Brown (803-898-0199). The ESN form will

be forwarded to the appropriate State Accident Fund adjuster.

3. Each time the employee is absent from work due to the work related injury, the

supervisor must complete a new ESN. Supervisor is to make sure the employee gets

a copy of the ESN and that the work status information is explained to the employee.

The timekeeper should receive a copy of the ESN each time from the

supervisor/charge person.

Each facility will keep the Workers’ Compensation file on each employee in a secure

(locked) place and should one person to maintain the files.

South Carolina Department of Mental Health

EMPLOYEE/SUPERVISOR NOTIFICATION

Facility Location:

I. EMPLOYEE:

(Last) (First) (MI) (Social Security #) Last 5 Digits

II. DATE MEDICAL/CLINIC VISIT: DATE OF INJURY:

INSTRUCTIONS: Per medical provider:

(Name of Physician or Clinic)

WORK STATUS AND RESTRICTIONS:

The work status and restrictions on the above employee are as follows:

Back to work Full Duty immediately Out of Work until , then to Work Full Duty Back to work with Restrictions Out of Work until , then to Work with Restrictions The work restrictions for Modified Duty are:

Out of work until medical visit on at AM PM

Return for follow-up appointment at AM PM After Doctor visit III. NOTICE TO EMPLOYEE:

I understand that I must report to my Supervisor for a work assignment when placed on Full Duty or Work Restrictions. If I am unable to return to work as instructed by the Medical Provider, I will immediately notify my supervisor to arrange for further evaluation. I understand that an unauthorized absence can result in a Leave Without Pay status and/or Disciplinary Action.

Employee Signature: Date: IV. SUPERVISOR RESPONSE:

I have read or discussed with the employee the above work status prescribed by the healthcare provider and any work restrictions prescribed. Based on the restrictions, I have decided that the employee: (check one of the following)

Can be accommodated immediately COMMENTS OR UPDATE: (Date/initial)

Can be accommodated, but not until Cannot be accommodated

No Restrictions were prescribed Referred to another Dept for accommodation

(Supervisor Signature) (Telephone/Pager) (Date) (Time)

NOTE TO SUPERVISOR: Please use Comments/Update Section to notify of any changes that occur in the work status of this employee. Write in the dates and times of the changes; use back of form if needed. Thank you.

Distribution: DMH Workers’ Comp Coordinator Immediate Supervisor

Employee

State Accident Fund Timekeeper

SCDMH FORM

M E M O R A N D U M

South Carolina Department of Mental Health Columbia, South Carolina

TO: All SCDMH Employees

FROM: Eleanor C. Odom, Director

Human Resource Services

SUBJECT: Leave Usage for Workers’ Compensation Medical Appointments

DATE: June 16, 2010

The Department of Mental Health has allowed employees who have returned to work from a Worker’s Compensation injury but who are still under medical treatment to use “Official” leave for time to attend medical appointments such as doctor’s visits and physical therapy. This practice is being discontinued.

Effective June 2, 2010, all leave associated with Workers’ Compensation medical appointments must be charged to either the employee’s own sick or annual leave or to leave without pay. Now that we are live in the SCEIS timekeeping system, all categories of leave must meet all State Regulations governing leave.

Workers’ Compensation in South Carolina

Workers’ compensation laws are designed to provide a satisfactory means of handling occupational disabilities. A 20th century development in North America, workers’ compensation laws evolved as the economy became more industrial and less agricultural.

History

Before these laws were enacted, a well-established common law principle held that a master or employer was responsible for the injury or death of employees resulting from a negligent act by the master or employer. Thus, disabled workers who sued employers for damages had to prove that their injuries were due to employer negligence. This was often a very slow, costly, and uncertain legal process. As business enterprise and machine production expanded, the number of industrial accidents and personal injury suits increased. By the close of the 19th century, it became apparent that a new system – one that was legally-based, economically-sound, and socially-acceptable – had to be developed.

In 1911, the first workers’ compensation laws were enacted in the United States on an enduring basis. Workers’ compensation laws held that the employers should assume the costs of occupational

disabilities without regard to the fault involved. Resulting economic losses are considered costs of production, chargeable, to the extent possible, as a price factor. The laws serve to relieve employers of liability from common law suits involving negligence in exchange for becoming responsible for medical costs and lost wages of on-the-job injuries regardless of fault.

Objectives

Historically, six basic objectives underlie the workers’ compensation laws:

1. Provide sure, prompt, and reasonable income and medical benefits to work-related accident victims, or income benefits to their dependents, regardless of fault;

2. Provide a single remedy and reduce court delays, costs, and judicial workloads arising out of personal injury litigation;

3. Relieve public and private charities of financial demands incident to uncompensated occupational accidents;

4. Minimize payment of fees to lawyers and witnesses as well as time-consuming trials and court appeals;

5. Encourage maximum employer interest in safety and rehabilitation through an appropriate experience-rating mechanism; and,

6. Promote frank study of the causes of accidents (rather than the concealment of fault) in an effort to reduce preventable accidents and human suffering.

The South Carolina Industrial Commission was created on September 1, 1935, to administer and enforce South Carolina’s first workers’ compensation law. During the past sixty-nine years, the law has been amended by statute, defined by case law, and altered through administrative policies and procedures; however, the basic premise and purpose of the law has remained unaltered. In May 1986, the name of the Industrial Commission was changed to the more descriptive South Carolina Workers’ Compensation Commission.

Coverage

Every South Carolina employer and employee, with certain notable exceptions, is presumed to be covered by the State’s Workers’ Compensation Act. Exceptions to this provision include railroad and railway express companies and employees, certain casual employees, Federal employees in South Carolina, businesses with less than four employees, agricultural employees, and certain real estate salespersons, and, by election, corporate officers.

Employers covered by the provisions of the Act are required to maintain insurance sufficient for the payment of compensation, or they shall furnish the Commission satisfactory proof of their ability to pay the compensation in the amount and manner due an injured employee. The Director of the South Carolina Department of Insurance is responsible for approving rates and classifications for all

Compensation

An employee may expect compensation for personal injury or death by accident arising out of and in the course of his or her employment. Workers’ compensation pays for necessary medical treatment, loss of wages during a period of disability, and compensation for permanent disability or

disfigurement. If an employee is injured and unable to work for more than seven days, he or she is eligible to be compensated at the rate of 66 2/3% of the employee’s average weekly wage, limited to 100% of the State’s average weekly wage as established each year by the South Carolina

Employment Security Commission. If the period of total disability exceeds 14 days, the employee is eligible for compensation beginning with the date of the accident.

The maximum award for total disability or death is limited by law to five hundred weeks of compensation. The rate of compensation is determined by the injured employee’s average weekly wage and cannot exceed 100% of the state’s average weekly wage. The loss of both hands, arms, feet, legs, or vision in both eyes, or a combination of two such losses, constitutes total and permanent disability. In addition, a commissioner can make other disability determinations based on the particular loss or impairment to the whole person.

Amounts of compensation for partial disability or disfigurement are generally established and limited by statute or Commission regulation. Awards are usually made in terms of the number of weeks of compensation to which the employee is entitled based on the extent of the disabling injury.

In South Carolina, the disability or death of an employee resulting from an occupational disease is treated as an injury by accident, and the employee, or in the case of death, the deceased’s dependents, may be entitled to compensation. A disease may be recognized as an occupational disease only if it is caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to normal working conditions. In addition to occupational diseases, injury from harmful exposures to ionizing radiation is also defined for particular attention under the Workers’ Compensation Act.

When an employee is injured on the job, he or she should immediately report the accident to the employer, or the employee may jeopardize the payment of medical fees and other compensation he or she may be entitled to under the Act. In no event should the employee wait more than ninety days from the date of the accident to report it to the employer. Claims for compensation must be made within two years after the accident or the date of death. Failure to comply with the timeliness statutes could negate any possible award or other compensation. The Commission monitors the payment of medical treatment and compensation provided by the employer or its insurance carrier to the injured worker.

Hearings

An employee may file an application for a hearing before a commissioner if the employer does not report the accident, if the employer denies that the injury was sustained in the course and scope of employment, or if the employee believes that he or she did not receive all of the available benefits. An employee may also file for a hearing if an employer does not begin compensation for more than seven days of disability within 14 days after the employer has knowledge or notice of the accident, or in the event payment is made, if there is a subsequent disagreement over the continuance of any weekly payment. The hearing will usually take place in the county in which the injury occurred.

The decision of the hearing commissioner may be appealed to the Commission for review. A panel of either three or six commissioners, excluding the original hearing commissioner, will consider the appeal. The decision of the appellate panel may be appealed to a Court of Common Pleas and the State Appellate Courts.

South Carolina Workers' Compensation Commission

The Workers’ Compensation Commission is responsible for administering the workers’ compensation law in South Carolina. The Commission works closely with the Governor, the General Assembly, and the Commission’s many constituents to ensure that the workers’ compensation system is fair,

equitable, and responsive to the needs of the citizens of South Carolina.

FAQ’s: Workers Compensation Lost Time and Wage Information

How is the compensation rate determined?

You are entitled to compensation at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Employment Security Commission. If you were working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.

Will I get compensated for missing time from work because of my injury?

There is a seven-day waiting period before benefits can be paid. If you are out of work for more than seven days, payments will come from your employer’s insurance representative. If you are out of work for more than 14 days, you will receive compensation even for the first seven days.

You can expect payments to be made directly to you and these should continue until the doctor releases you to return to work.

When are my benefits terminated?

After the doctor releases you to return to work with or without restrictions, within 150 days of notification of the accident, you should receive two copies of Form 15 with Section II completed indicating that compensation has been stopped and for what reasons.

If the insurance carrier stops your compensation, and if you disagree, complete Section III of the Form 15 and send it to the Commission’s Judicial Department. This is your way to request a hearing to be held in sixty days.

If the Doctor releases you to return to work after the 150-day notification period, your employer or insurance representative will ask you to sign a Form 17, (receipt of compensation ) after you have been back to work for fifteen days.

What if the doctor releases me to light duty?

You must accept light work if it’s offered. If you do not accept, all compensation may cease as long as you refuse to return to work. You have a right to a hearing if you believe that you are not able to do the work assigned to you.

If you return to light work before you are fully discharged by the doctor at a wage less than you were earning at the time of your original injury, you are entitled to weekly compensation at the rate of the sixty-six and two-thirds (66 2/3%) percent of the difference between your average weekly wage and your new wage.