South Carolina
Workers' Compensation Defense

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South Carolina Workers' Compensation Defense Attorneys

Relationships built on trust

At Rudisill, White & Kaplan, workers’ compensation is our focus. Our nimble, experienced legal team provides workers’ compensation insurance defense for South Carolina employers and their insurance companies.

We are client-focused and results-driven. We build strong, ongoing relationships with many of our clients, delivering value through education and open communication.

Workers’ compensation claims can be complex, and we strive to empower our clients to effectively manage workers’ compensation claims and mitigate risk.

Contact Our Office Today.

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South Carolina Calculators

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Number of Weeks Calculator


Number of Weeks Calculator (End Date)


helpful links

South Carolina Workers’ Compensation Resources

forms

South Carolina Commission forms (PDF version and Word format)

Workers’ Compensation Commission

Official website of the South Carolina Workers’ Compensation Commission

Compensation and Mileage Rates

Maximum compensation rates since 1979 and mileage rates utilized by the Commission

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Coverage Verification

Select Verify Coverage from menu Verify coverage and determine insurance carrier for employer on specific date of injury.

News and Features

Recent news and developments at the Commission and in the area of workers’ compensation law in South Carolina

District Assignments

Commissioner district assignments for hearings

Statutes and Regulations

South Carolina workers’ compensation Act (S.C. Code Title 42) and Regulations of the South Carolina Commission

South carolina Workers’ Compensation Educational Association

Find programs and seminars to educate those involved in workers’ compensation claims in South Carolina

South carolina Employment Security Commission

Official website of the South Carolina Employment Security Commission

South Carolina Department of Insurance

Official website of the South Carolina Department of Insurance

Social Security Administration

Official website of the United States Social Security Administration

Occupational Safety & Health Administration

Official website of the United States Department of Labor, Occupational Safety & Health Administration

definitions

Workers Compensation Defenses

Failure to Give Notice to Your Employer

In many cases, valid workers’ compensation claims in South Carolina are denied because the injured worker did not give timely notice to their employer. South Carolina law requires workers injured on the job to provide their employers with notice of their injuries within 90 days. Notice should be given to a supervisor either verbally or in writing, and may be given by the employee's spouse, doctor, or other third parties. If the injured worker fails to provide this notice, then their workers' compensation is lost.

Statute of Limitations

South Carolina has a time limit for filing a workers' compensation claim (which is separate from the deadline for providing notice of the injury) known as the statute of limitations. South Carolina’s statute of limitations for workers’ comp claims is two years, which begins on the date that the worker was injured. If the injured worker fails to file a workers' compensation claim with South Carolina Workers' Compensation during this time period, then they lose their right to pursue their claim.

Self-Inflicted Injuries

Not all injuries are caused by working conditions. In some cases, workers may be injured on the job by their own actions. Injuries that they cause to themselves are not actionable under South Carolina's workers compensation laws.

No Causal Link to Employment

In order to claim a work-related injury, there must be a causal link to the claimant's employment. One of the more common defenses to workers compensation claims is that the worker's injury was not related to their employment activities.

Injury Not as Bad as Claimed

In some cases, injured workers will claim their injuries prevent them from returning to work. If their actions or medical records suggest otherwise, they may be forced to return to work and their workers' compensation benefits may be minimized.

“I love analyzing cases and figuring out how to take them from point A to point B in an efficient manner. Getting great results for our clients is something I focus on every day.”

Alexander J. Rector
Associate
Address
Rudisill, White & Kaplan, P.L.L.C.
212 South Tryon Street
Suite 1440
Charlotte, NC 28211
support
704.378.8888
info@rwklawfirm.com
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