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Moncks Corner Legal Issues Blog

Common misconceptions about filing for workers’ compensation

According to the Bureau of Labor Statistics, roughly 350 million workplace accidents happen every year across the United States. Many of those injured workers filed workers’ compensation claims after their accidents. Workers’ compensation is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses.

In South Carolina, understanding workers’ compensation can be challenging due to a variety of misconceptions that surround it.

You cannot file if the accident was your fault

One common misconception about workers’ compensation in South Carolina is that you cannot file a claim if the accident was your fault. In reality, workers’ compensation is a no-fault system. This means that you can receive benefits regardless of who caused the accident, with certain exceptions, such as injuries resulting from alcohol or drug use or those incurred while committing a crime.

Small businesses do not need to provide workers’ compensation

Another misconception is that small businesses do not need to provide workers’ compensation coverage. In South Carolina, the state requires most employers to carry workers’ compensation insurance if they have four or more employees, whether they are part-time or full-time. There are a few exceptions, but the size of the business generally does not exclude it from this requirement.

You must go to the doctor chosen by your employer

Some people believe that they must see the doctor chosen by their employer or the insurance company for their workers’ compensation claim. However, if you are not happy with the care you are receiving, you have the right to request a change of physician.

These misconceptions about workers’ compensation can create unnecessary confusion and may deter injured workers from pursuing the benefits they deserve. Understanding the system can empower you to navigate the process more effectively. The more accurate information you have about the workers’ compensation process, the better equipped you will be to advocate for your rights and benefits.