Frequently Asked Questions

Have you been injured on the job?

Be represented by the Former Chairman of the SC Workers’ Compensation Commission.  Who You Hire Matters!

Holly Saleeby Atkins practiced workers’ compensation defense for ten years, representing insurance companies and employers in workers’ compensation matters. Please contact us at (803) 219-2274 for more information.

Workers’ compensation is a state-mandated program that provides compensation to employees who suffer job-related injuries and illnesses.

In South Carolina, employers are required to purchase insurance for their employees from a workers’ compensation insurance company. If a company has less than 4 full time employees, they are not required to carry workers’ compensation insurance nor are they subject to the workers’ compensation laws. Larger companies who are financially stable are allowed to act as their own workers’ compensation insurance company which is called being “self-insured.”

Specific traumatic injuries are covered as well as repetitive injuries although repetitive injuries are more difficult to prove. A lot of workers receive benefits for injuries that are caused by overuse or misuse over a long period of time (repetitive injuries). These injuries include carpal tunnel, tennis elbow, etc.

Most employers require an employee to report a claim within 24 hours. However, you have 90 days under the law to report your claim. If you have a repetitive injury, you have 90 days from the date of last injurious exposure or diagnosis from a doctor.

Most employers require an employee to report a claim within 24 hours. However, you have 90 days under the law to report your claim. If you have a repetitive injury, you have 90 days from the date of last injurious exposure or diagnosis from a doctor.

No. You have to be treated by the doctor chosen by the workers’ compensation insurance carrier. The law gives the employer and insurance carrier the right to control medical care.

However, some doctors are more compassionate than others. To benefit my clients, I try to work with the adjuster to have the best doctor chosen.

No. Workers’ compensation is your exclusive remedy and you are barred from suing your employer. However, if you are injured by the negligence of a third party, like the manufacturer of a faulty piece of equipment, you are allowed to sue the manufacturer of that equipment. However, the workers’ compensation carrier would have a lien on the recovery from that third party.

South Carolina is an at-will employment state. You can be fired for any reason or no reason at all.

The employer/insurance carrier has a right to “deny” your claim which denies you medical treatment. However, you have a right to fight their denial!

The attorney is paid only if they obtain a settlement or an award for you at the end of your claim. Once you are found to be at maximum medical improvement by the treating physician, your claim is ready to be concluded. Once a settlement amount is agreed upon or an award is issued by the Commission, the attorney is paid 1/3 of the funds obtained, plus any expenses paid on your behalf.

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