An Overview of South Carolina Workers Compensation Laws – The Basics

The Workers’ Compensation Act in South Carolina provides that if an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent injury as a result of the work accident. The workers’ compensation laws in South Carolina can be complex, difficult to understand, and hard to navigate without the help of an experienced workers’ compensation attorney.

Under the current law, your employer and its insurance carrier has the right to select the doctor who will treat you. If you go to see your own doctor without permission of the employer/carrier, then then employer/carrier may not be responsible for paying for the the medical treatment, unless it constitutes an emergency condition. However, you have the right to choose a physician to evaluate you for the specific disability but typically it will not be paid for by the employer.

Once you suffer an injury on the job you should immediately report it to your supervisor. This should be the same day of the accident, if possible. Never, ever delay reporting the injury to your employer. You should also request that the employer provide appropriate medical treatment. In the event that medical treatment is not provided or not paid for, it would be best to consult with an attorney to determine your rights.

If the claim continues to be contested, or denied, your lawyer should file a Form 50 on your behalf with the Workers’ Compensation Commission to request a contested hearing. This sets out the various parties, the date and description of the accident, who you reported it to, the injuries suffered, whether medical treatment is needed, any disfigurement you may have received and any other relief you may be requesting.

The employer, unless self insured, is usually represented by an insurance company known as the carrier. The carrier files an answer on a Form 51, where they may admit or deny what you have said in your Form 50. The case is then placed on the Workers’ Compensation Commission’s docket, and assigned to an individual Commissioner who acts as a fact finder and also rules on the law. A hearing is usually held within three to five months, and at the hearing the employee presents his/her case. You should understand that the employer/carrier will always have an attorney defending the case. If the employer/carrier has an experienced lawyer, shouldn’t you?

Usually medical testimony is presented in the form of a deposition and your physician will not attend a hearing. The other medical evidence that the Commissioner will rely upon are the medical records you and the Carrier present.

Once a commissioner has ruled on the case, the Commissioner will issue an Opinion and Award which sets forth his/her ruling of fact and law, and what relief, if any, the employee gets. If either party is dissatisfied with the decision, the case can be appealed to the full Commission which is made up of all the Workers’ Compensation Commissioners except for the one who heard the case originally. After that hearing is held, if either party is dissatisfied with the decision, it can be appealed to the Circuit Court and on up to the South Carolina Supreme Court, depending on the procedural posture of the claim. You have 14 days from the date of the Order to file an appeal.

Fault or negligence is not an issue regarding the payment of a workers’ compensation claim unless, for example, the employee was intoxicated at the time of the injury. Remember, if you are injured on the job, report the incident to your supervisor.

If you feel like you are not getting medical treatment or not being paid for being out of work, these are tell-tell signs that seeking legal assistance may be necessary. We are happy to discuss your claim with you to see if an attorney would be your best route to protect you. Call us today for an honest and confidential evaluation of your workers’ compensation claim. The number to the Goings Law Firm, LLC is (803) 350-9230.


What Clients are saying

100 stars! Mr. Goings and his staff did an amazing job in handling my case! They were with me every step of the way and made sure my case was handled with my best interest at heart! The process could not have been any easier. I am forever grateful to Mr. Goings and his team. South Carolina’s best attorney!

- Tiffany AL

Robert is the best attorney ever… you need legal representation. .. he is the one to go to.

- Jason D

After representing me after I fell down the stairs at work and injured my back, I would recommend the Goings Law Firm to handle any personal injury matter. Robert and Jessica made me feel like my case mattered to them and that my goals were their goals. They were tireless advocates for me yet they were also willing to be upfront and honest in their assessments of my options going forward. I never felt pressured to choose one course of action over the other. They treated my case like their own.

- Anonymous

Mr. Goings is an outstanding attorney. Dealing with a personal injury case can be frustrating and quite stressful. Mr. Goings and his office took care of my case with the upmost compassion and professionalism. They treated me like family. Mr. Goings is hard-working and determined to fight for his clients’ rights. I highly recommend him to anyone in need of a personal injury attorney.

- Anonymous

When I looked for an attorney for my bad car accident, I read the reviews for the Goings Law Firm. This firm had great reviews so I contacted them. Thankfully, Mr. Goings took my case and fully explained the process to me and he took the worry out of my mind. Before hiring him, I tried to settle my case with the insurance company on my own, but I was low balled- Mr. Goings and his office got me a lot more than I ever imagined. A big thanks to his office!

- Anonymous

The Goings Law Firm went above and beyond assisting me after a serious auto accident. Robert Goings and Katie Gould were thorough and kind explaining every step of the process to me, sometimes more than once. Robert was persistent and professional making sure that we received the highest allowable compensation from all parties. I could not have been more pleased with the overall outcome.

- Car Accident Client

It has been a great experience having you represent my family as Our Attorney. I have learned a lot, and have come to understand the importance of good counsel. You and your team are the best. You guys are officially our family Law Firm. Thanks Robert.

- Workers’ Comp Client

Words cannot adequately express my gratitude for Robert Goings, and his amazingly talented team at Goings Law Firm, LLC. Mr. Goings was always genuinely concerned about my health, and overall well-being, was instrumental in recommending the best medical treatment plan for my injury, and most importantly, he treated me as if I were family. Mr. Goings was extremely attentive to every detail regarding my case, and he executed professional results and recovery, well beyond my greatest expectation.

- Slip and Fall Client

Robert Goings was my lawyer when I was in a terrible car accident caused by a drunk driver. I would not be where I am today without Robert and his staff. He worked very hard for me and was with me from the beginning to the end. He stuck to his word and got me the compensation that I deserved. I really appreciate what Robert and his office has done for me.

- Personal Injury Client

Mr. Goings worked tirelessly to resolve my husband’s case, despite the fact my husband wasn’t always the best client, and we still ended up with the best possible outcome because, in my opinion, we had the best attorney. Robert Goings is a professional, caring, experienced attorney with an amazing paralegal, Katie, and a wonderful support staff. If you need legal representation, The Goings Law Firm is the only call you need to make.

- Personal Injury Client

Mr. Goings stood up for my Constitutional Rights. He is a not your typical lawyer and you can trust him like a friend. His staff is very friendly, accommodating, and helpful throughout the entire process.

- Anonymous

Mr. Goings welcomed me in as family, he kept in contact with me about my case all the way to the end.. He works very hard to get justice.. Him and his team is very polite and hard workers.. He deserve more then 5 stars if I had to do it all over again he would be the call.. If anyone is looking for a personal injury lawyer he would be the right person to call don’t hesitate to call.. I thank him and his staff so much for everything they have done for me.

- Personal Injury Client

Hands down one of the BEST attorneys in the state!! Robert Goings exceeded all of my expectations. He welcomed me and my daughter with open arms and he kept me informed every step of the way. I knew exactly what was going on in my case and I really like that about him. His entire staff was awesome and I would definitely recommend him to anyone looking for a personal injury attorney. I guarantee you, you will be very pleased with Mr. Goings. Honestly, he definitely deserves more than 5 stars!!

- Personal Injury Client

After being rear ended in a car accident, I needed help navigating the insurance settlement. Having never needed the services of an attorney, I was very anxious about the whole process. Robert Goings & his staff were excellent to work with; at no point did I question my decision or feel that we would achieve anything less than the best possible settlement. I would never hesitate to recommend him to family, friends or strangers!

- Car Accident Client

Goings Law Firm was very helpful and patient with me. Goings Law Firm educated me about the legal side of things and help me understand my case. I would recommend Goings Law Firm to anyone.

- Workers’ Comp Client

Mr. Goings was caring and professional during a very difficult time in my life. I was faced with the sudden loss of my mother in a car accident, and Robert took the time to talk to me and check up on me throughout the duration of the case. I applaud his sensitivity and willingness to go the extra mile. I would recommend his firm to anyone that wants the best legal representation in South Carolina!

- Personal Injury Client

Robert and his staff have gone above and beyond, they are absolutely amazing at what they do. I would definitely call his office again if the need should arise.

- Workers’ Comp Client

I highly recommend Robert Goings! He is absolutely incredible!!! I had suffered from a dog bite injury and Robert went above and beyond to have me taken care of. He is extremely personable, I never felt like a “client”. He and his staff treated me as well as my family with genuine kindness. I am blessed to have had him take such great care of me and my case.

- Dog Bite Client

He was very kind and knowledgeable. He gave me status updates in a timely matter. I was VERY pleased.

- Personal Injury Client