{"id":356,"date":"2013-11-03T17:25:54","date_gmt":"2013-11-03T22:25:54","guid":{"rendered":"https:\/\/roofingmagazine.com\/?p=356"},"modified":"2013-11-03T17:26:28","modified_gmt":"2013-11-03T22:26:28","slug":"south-carolinas-workers-compensation-laws-changed-benefit-injured-employers","status":"publish","type":"post","link":"https:\/\/roofingmagazine.com\/south-carolinas-workers-compensation-laws-changed-benefit-injured-employers\/","title":{"rendered":"South Carolina\u2019s Workers’ Compensation Laws Have Changed to Benefit the Injured and their Employers"},"content":{"rendered":"
Ensuring compliance with workers’ compensation laws is consistently a concern among many states because of the impact noncompliance can have on injured employees and employers who follow the law. Noncompliance with workers\u2019 compensation laws negatively affects those injured on the job, as well as law-abiding employers. Fortunately, the workers\u2019 compensation laws of South Carolina are implemented relatively efficiently and result in more resolved cases for injured workers than many other states. Some recent changes in the state\u2019s laws are designed to make the process more efficient.<\/p>\n
Workers\u2019 compensation insurance provides medical benefits and wage reimbursement for employees who become injured while on the job. The South Carolina Workers\u2019 Compensation Act provides that injured employees are entitled to recover necessary medical treatment, loss of wages during a period of disability, and compensation for permanent disability or disfigurement. There are three types of work-related injuries that can qualify for workers\u2019 compensation payments: physical injuries, mental injuries accompanied by physical injuries and mental injuries with no physical injuries.<\/p>\n
In South Carolina, employees may collect workers\u2019 compensation for all wages and benefits, including those from other employers. This gives South Carolina employees an advantage over neighboring North Carolina employees who may only collect workers\u2019 compensation for wages earned from the specific job on which the injury occurred.<\/p>\n
The South Carolina Workers\u2019 Compensation Act defines \u201cemployee\u201d as \u201cevery person engaged in an employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written \u2026 but excludes a person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer \u2026 .\u201d<\/p>\n
Every South Carolina employer and employee is presumed to be covered by the act. Employers covered by the act are required to maintain insurance to cover compensation or provide the South Carolina Workers\u2019 Compensation Commission with proof they have the ability to pay the compensation for an injured employee.<\/p>\n
There are a few exceptions to the workers\u2019 compensation laws, including businesses employing fewer than four employees or having a total annual payroll of less than three thousand dollars in the previous calendar year, regardless of the number of employees. Employers who qualify for exemption may elect to come under the act and may subsequently withdraw with written notice to the Workers\u2019 Compensation Commission.
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The South Carolina Workers\u2019 Compensation Commission is responsible for administering the state\u2019s workers\u2019 compensation laws. The commission ensures the workers\u2019 compensation system meets employees\u2019 needs and monitors payment by the employer or its insurance provider to injured workers.<\/p>\n
In 2010, the South Carolina Workers\u2019 Compensation Commission was audited by the Legislative Audit Council (LAC) because of a request by members of the state legislature to ensure the program was operating efficiently and effectively. In the 2010 audit, the LAC reviewed the commission\u2019s efforts in enforcing South Carolina\u2019s workers\u2019 compensation laws.<\/p>\n
The LAC\u2019s audit reviewed the commission\u2019s compliance division and its efforts to identify uninsured employers. The compliance division is responsible for finding employers who do not have the requisite workers\u2019 compensation insurance. To identify employers who are not abiding by the workers\u2019 compensation laws, the division compares two databases: a database with employers who employ six to 20 employees and a workers\u2019 compensation database. When these databases locate uninsured employers, compliance officers fine and collect from those employers, bringing more uninsured employers into compliance. Although the division is taking action to find uninsured employers, the audit found their efforts fail to address many of the uninsured because of a shortage of investigating officers employed by the division.<\/p>\n
The LAC\u2019s audit also reviewed contested and appealed workers\u2019 compensation cases to be sure they complied with the law. The audit determined the contested and appealed cases were complete and timely filed in compliance with state laws.<\/p>\n