Jump to Navigation

South Carolina's Workers' Comp Law

South Carolina's New Workers' Comp Law

Beginning July 1, 2007, there are important new changes in South Carolina law that can affect your claim. These complex changes in the law will make it more likely than ever that you will need legal representation in order to protect your rights. Here is a brief summary of some of the changes:

1. In "medically complex cases," an employee must establish by medical evidence that the injury arose in the course of employment. This will require all injured employees to obtain medical expert testimony to support their claims in the event that your injury is deemed to be "medically complex" by the Commission.

2. "Repetitive trauma injuries" (like carpal tunnel syndrome) will only be compensable where the Commission makes a specific finding of a causal connection established by medical evidence that the repetitive activities occurred while the employee was engaged in the regular duties of their employment. Notice must be given by the employee within ninety days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition is compensable, unless reasonable excuse is made to the satisfaction of the Commission for not giving timely notice, and the Commission is satisfied that the employer has not been unduly prejudiced.

3. "Occupational disease" is now defined as a disease arising out of and in the course of employment that is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease is considered an "occupational disease" only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to the normal working conditions of that particular trade, process, occupation, or employment.

4. Confidentiality of employee's medical records: A health care provider who provides examination or treatment for any injury, disease, or condition for which compensation is sought may discuss or communicate an employee's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions, and impairments with the insurance carrier, employer, their respective attorneys or certified rehabilitation professionals, or the Commission without the employee's consent. The health care provider will not breach any duty of confidentiality to the employee by complying with this requirement.

There are numerous other amendments to the Workers' Compensation Act in South Carolina which become effective on July 1, 2007. This summary is not intended to cover all these changes, nor is this summary a substitute for competent legal advice. For specific answers to questions about your potential claim, you can CONTACT US FOR A FREE INITIAL CONSULTATION.

Beginning July 1, 2007, there are important new changes in South Carolina law that can affect your claim. These complex changes in the law will make it more likely than ever that you will need legal representation in order to protect your rights. Here is a brief summary of some of the changes:

1. In "medically complex cases," an employee must establish by medical evidence that the injury arose in the course of employment. This will require all injured employees to obtain medical expert testimony to support their claims in the event that your injury is deemed to be "medically complex" by the Commission.

2. "Repetitive trauma injuries" (like carpal tunnel syndrome) will only be compensable where the Commission makes a specific finding of a causal connection established by medical evidence that the repetitive activities occurred while the employee was engaged in the regular duties of their employment. Notice must be given by the employee within ninety days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition is compensable, unless reasonable excuse is made to the satisfaction of the Commission for not giving timely notice, and the Commission is satisfied that the employer has not been unduly prejudiced.

3. "Occupational disease" is now defined as a disease arising out of and in the course of employment that is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease is considered an "occupational disease" only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to the normal working conditions of that particular trade, process, occupation, or employment.

4. Confidentiality of employee's medical records: A health care provider who provides examination or treatment for any injury, disease, or condition for which compensation is sought may discuss or communicate an employee's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions, and impairments with the insurance carrier, employer, their respective attorneys or certified rehabilitation professionals, or the Commission without the employee's consent. The health care provider will not breach any duty of confidentiality to the employee by complying with this requirement.

There are numerous other amendments to the Workers' Compensation Act in South Carolina which become effective on July 1, 2007. This summary is not intended to cover all these changes, nor is this summary a substitute for competent legal advice. For specific answers to questions about your potential claim, you can CONTACT US FOR A FREE INITIAL CONSULTATION.

Hard working lawyers helping hard working people
Have a Question?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
877-548-8754 -or- 864-640-8430 Top Listed in Best Lawyers The World’s Premier Guide The National Trial Lawyers | The Association

Privacy Policy | Law Firm Marketing by FindLaw, a Thomson Reuters business.