This is one of the official workers' compensation forms for the the state of South Carolina
South Carolina Employer's Answer to Request for Hearing for Workers' Compensation
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FAQ
You will be called to testify about your injuries and how they occurred. In many cases, the injured worker is the only witness who testifies at a hearing. However, in denied cases, both sides may have other witnesses who will testify about the facts of your work accident.
A workers' comp hearing determines whether you will receive benefits.At this hearing, the judge will review all of your evidence and then issue a decision awarding or denying your benefits. Because a workers' comp hearing involves specific rules and procedures, it is important to be well-prepared.
The Workers' Compensation Act in South Carolina provides that if an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent
Generally, it should take a week or two to get the settlement agreement to your attorney from the other side. When everyone has signed, your settlement must be approved by a Workers' Compensation judge, which can take up to two weeks. Once it is approved, an insurance company has up to 30 days to mail your check.
Before you attend your workers' comp hearing, you should organize your evidenceincluding medical records, unpaid medical bills, doctors' reports, and other documents. You should also mentally prepare to testify.
Under South Carolina Workers' Compensation law, the employee may seek compensation and benefits for their accident through the South Carolina Workers' Compensation Commission (WCC).Therefore, an employee cannot directly sue their employer for a work injury.
It is against the law in South Carolina to fire an employee simply because the injured worker has opened a workers' compensation claim. This is illegal retaliation. But South Carolina is an employment-at-will state and the law leans heavily in employers' favor.
The 90 Day Rule This immediate financial liability remains until the injured worker's claim is either accepted or denied. If after 90 days the claims administrator fails to issue a decision, Labor Code § 5402 deems the employer liable.
The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.