Orangeburg Private Vs. Public Sector Workers’ Compensation

All workers’ compensation in Orangeburg and the State of South Carolina is regulated by state law. It is a government function, and a legislative act created the workers’ compensation system. However, most workers’ compensation insurance is provided by private companies.

If you need help understanding whether Orangeburg private vs. public sector workers’ compensation applies to your case, reach out to a dedicated attorney. An experienced workers’ compensation lawyer could look at your employment situation and help you seek the benefits most beneficial to you. Call today to schedule a consultation.

History of Orangeburg Workers’ Compensation

In the 1930s, the legislature in South Carolina passed the Workers’ Compensation Act. At the time, there was a big push nationally for each state to enact a workers’ compensation act to protect injured workers. Some planks were put into the proposed legislation that all states were required to meet as a minimum. If the states could not implement a workers’ compensation act, the federal government threatened to pass a federal workers’ compensation law that would apply to all states.

Not surprisingly, many states created their own workers’ compensation laws because they did not want federal interference in their government or systems. Since the act was passed in the 1930s, there have been many amendments and changes to it. The last changes to this law occurred in 2007.

Private Workers’ Compensation Insurance

While the law is created by the legislature and interpreted by the courts in South Carolina for workers’ compensation, the insurance industry is mostly private. For the majority of workers, private sector insurance companies have agreed to write workers’ compensation insurance in the State of South Carolina, and they charge premiums to employers. When the injured worker gets hurt, the claim is made against the private insurance company and their employer.

These claims are heard by the Workers’ Compensation Commission, a quasi-judicial group made up of seven commissioners. They make decisions on a case-by-case basis and apply the law to the facts of the injured worker’s case.

How Workers’ Compensation Differs for Government Employees

A government employee should be covered under the Workers’ Compensation Act and there should be some type of insurance available to them, whether it is through a private insurer, the state accident fund, or government insurance. When someone is injured and they are not sure what law applies to their situation, that is a reason to reach out to an experienced workers’ compensation lawyer to advise them of the system or systems available to them to seek benefits for their injuries.

Federal Employees

A true federal employee is someone like a postal worker or a prison guard at a federal prison. Federal employees file a FECA claim, and those cases are difficult for many reasons. Those workers typically have a smaller pool of lawyers to help them with their case. Some law firms do not handle FECA cases and refer those to the closest lawyer who handles them.

State and Local Government Employees

Employees of the State of South Carolina or municipalities also have workers’ compensation coverage, but the source of the benefits can depend on the situation. Some counties or municipalities are self-insured or run their own systems. Other government municipalities may have a kind of state nexus where they have a state accident fund as their insurance company. For more information about Orangeburg private vs. public sector workers’ compensation, reach out to a lawyer.

Speak with an Experienced Workers’ Compensation Attorney

In order to receive benefits for a work-related injury, it is important to understand if Orangeburg private vs. public sector workers’ compensation systems apply to your case. Reach out to a knowledgeable attorney for help with your case. A reputable lawyer could fight for the benefits you need so you can focus on healing.

 

 

 

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