The South Carolina Department of Employment and Workforce recently released the 2016 workers’ compensation rates. According to Title 42 of the South Carolina Code of Laws, 1976, the maximum compensation rate per week is equal to 66.6% of an earner’s average weekly wage. Compensation is not to exceed the prior year’s average weekly wage.
The average weekly compensation rate for 2016 is $784.03. The average weekly wage in 1978 was $185.00. Compensation for mileage to and from doctor’s appointments has also gone up over the years. For 2016, reimbursement is 54 cents per mile. In 1984, the reimbursement rate was 20.5 cents per mile.
If you are injured at work, you may be entitled to this maximum amount or less, depending on your weekly wages at the time of your injury. If you are offered less than what you believe you are due, an attorney can help you fight for what you deserve. In order to win a successful workers’ compensation claim, you need to be able to prove:
1. Employer/Employee Relationship
It sounds obvious, but the first element necessary for a workers’ comp claim is an employer/employee relationship. You must be able to prove that you do indeed work for the company you claim has employed you. This can be done through paystubs, W2 forms and previous tax filings.
The second element you need to prove is that there was an accident at work that caused your injury. If you took pictures of the scene, these will help greatly. If you didn’t, your attorney will have others ways of proving that your accident took place at work should the need arise.
You must be able to show that your injury was a direct result of your accident at work. This element is put in place to protect employers. It is not unheard of for employees to be injured elsewhere but to claim that an incident occurred at work in order to receive workers’ compensation.
Let us help you file workers’ compensation in Charleston. We will make sure that your paperwork is filed correctly and that you receive the compensation you are entitled to. Call today for a free case evaluation.