If you’ve been injured on the job in South Carolina, you may be wondering whether your injury is covered by workers’ compensation. The good news is that workers’ compensation laws in South Carolina are designed to protect employees who suffer work-related injuries or illnesses, regardless of who was at fault. However, not every injury automatically qualifies, and it’s important to understand which types of injuries are typically covered under the law.
At McWhirter, Bellinger & Associates, we help injured workers throughout South Carolina get the benefits they’re entitled to. Below, we break down the most common types of injuries covered by workers’ compensation, and what you should do if you’re hurt on the job.
What Is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that provides medical care, partial wage replacement, and disability benefits to employees who are injured or become ill due to their job. In exchange, employees generally cannot sue their employer for negligence, even if the employer was at fault.
To qualify for benefits, your injury must:
- Occur in the course of employment
- Be reported within 90 days
- Be documented by a medical provider
South Carolina law typically allows up to two years to file a claim, but delays in reporting can still jeopardize your rights.
Types of Injuries Covered by Workers’ Compensation
Workers’ compensation covers a wide range of physical and mental injuries. Here are the most common categories:
- Traumatic Physical Injuries
These are injuries caused by a specific incident or accident at work. Examples include:
- Fractures or broken bones from a fall or impact
- Back and neck injuries from lifting heavy items
- Crush injuries from machinery or collapsing materials
- Lacerations and cuts from sharp tools or equipment
- Head injuries, including concussions and traumatic brain injuries
- Burns, including chemical, thermal, and electrical burns
- Amputations or loss of limbs
These injuries usually occur suddenly and are easily linked to a specific event at work.
- Repetitive Trauma Injuries
Some injuries develop over time due to repetitive motions or overuse. These are also covered by workers’ comp, even though there may be no single accident to point to. Common repetitive trauma injuries include:
- Carpal tunnel syndrome
- Tendonitis
- Rotator cuff injuries
- Chronic back strain
- Trigger finger
Repetitive trauma injuries are especially common in manufacturing, construction, healthcare, and office work. While harder to prove than traumatic injuries, these are legitimate claims when backed by medical evidence.
- Occupational Illnesses
Workers’ comp also covers diseases or medical conditions caused by exposure to harmful substances in the workplace. These may include:
- Asbestos-related illnesses like mesothelioma or asbestosis
- Silicosis or black lung disease (common in mining or construction)
- Chemical poisoning from long-term exposure to toxic substances
- Skin diseases from exposure to irritants or allergens
- Respiratory conditions, including occupational asthma
To qualify, your illness must be directly related to your work environment, not a general condition you might have developed elsewhere.
- Mental and Emotional Injuries
South Carolina does recognize mental health conditions under workers’ compensation law, but only under limited circumstances.
- Mental injuries caused by physical trauma (e.g., PTSD following a workplace explosion or assault) are generally compensable.
- Mental injuries without physical injury (such as stress, anxiety, or depression due to a hostile work environment or job pressures) are much more difficult to recover for. You must prove extraordinary and unusual conditions of employment, which sets a high legal bar.
Documentation from mental health professionals is crucial in these cases.
- Aggravation of Pre-Existing Conditions
Workers’ comp doesn’t cover injuries that existed before employment, but if a workplace incident aggravates or accelerates a pre-existing condition, that aggravation is compensable.
Examples:
- A worker with a history of lower back issues who injures their back lifting heavy boxes
- A person with arthritis whose job duties worsen joint pain or mobility
These cases often require medical expert testimony to prove the work-related aggravation.
- Hearing and Vision Loss
Certain jobs involve exposure to loud noise or bright lights and chemicals that can affect hearing or sight. Workers’ comp may cover:
- Hearing loss from long-term exposure to industrial noise
- Vision damage from exposure to chemicals or UV radiation
- Injuries from explosions or flying debris that affect sight or hearing
Routine screenings and medical records can help establish a timeline for these impairments.
- Work-Related Death
If a worker dies as a result of a job-related injury or illness, workers’ compensation provides death benefits to the worker’s surviving dependents. This includes:
- Up to 500 weeks of compensation payments
- Funeral and burial expenses (up to a statutory maximum)
Surviving spouses and children are usually the primary beneficiaries, but other dependents may qualify in certain situations.
Injuries That Are NOT Covered
While workers’ compensation is broad, there are exclusions. Some situations may disqualify a claim, including:
- Self-inflicted injuries
- Injuries caused by intoxication or drug use
- Injuries sustained while committing a crime
- Injuries that occurred off duty or offsite (unless work-related)
- Horseplay or violation of company policies
Insurance companies often try to deny claims by arguing the injury didn’t happen “in the course and scope of employment.” That’s where experienced legal representation can make all the difference.
What Should You Do If You’re Injured at Work?
If you’re hurt on the job, here are the key steps to protect your rights:
- Report your injury immediately to your supervisor, within 90 days.
- Seek medical attention from an employer-authorized doctor.
- Document everything, including witnesses, photos, and symptoms.
- File a workers’ compensation claim as soon as possible.
- Speak with an attorney, especially if your claim is denied or disputed.
Delays or missteps can hurt your claim, so it’s best to act quickly and get help early.
How McWhirter, Bellinger & Associates Can Help
Workers’ compensation claims can be complex, especially when you’re dealing with severe injuries, denied claims, or pressure from your employer or their insurance company. At McWhirter, Bellinger & Associates, we’ve spent decades helping South Carolina workers get the benefits they deserve.
We’ll guide you through the process, protect you from unfair treatment, and fight to make sure you receive the full compensation available under the law, including medical treatment, lost wages, permanent disability, and more.
If your injury was caused by a third party (like a subcontractor, equipment manufacturer, or reckless driver), we can also explore a third-party personal injury lawsuit in addition to your workers’ comp benefits.
Contact Us Today for a Free Consultation
If you’ve suffered any type of injury at work, whether sudden or gradual, you may be entitled to workers’ compensation benefits. Let our experienced legal team review your case, explain your rights, and help you get the benefits you need to recover.
