Legal Question in Workers Comp in South Carolina

Waiting time for Work Comp payment to begin

I am an over the road truck driver that recently went to local driving & after hiring in found that I am now a Lease company driver for this local company. I found out ONLY AFTER hiring in they could not afford theie own comp ins. to hire drivers so they use this lease co. I pulled out my back on the job & have filed all papers according to their rules & have found out that since the lease company is based out of SC that I have to go by SC workmans comp law. They do not want to pay me retroactive back to the date of injury. I have been off for 30 days now under dr's care with no breaks in treatment or time off work. Is this legal? or do they still have to pay me retroactive back to the 1st day of injury as in TN. They are trying to do me out of the 1st 10 days of off work pay.

Asked on 10/19/04, 8:59 am

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: Waiting time for Work Comp payment to begin

Per South Carolina law, you must be out of work for 7 days before you are entitled to temporary benefits. Temporary benefits begin on your 8th day out. You do not get paid for the first 7 days, unless you remain out for a total of 14 days. Once you have been out for 14 days, the Employer must pay you for the first 7.

If you have been out for 30 days, then you have satisfied all the waiting periods and should be paid retroactively back to day 1.

SC and TN workers comp benefits are significantly different. The amount of an award in Tennessee for a particular injury can be substantially less than the amount of an award in SC. I recommend speaking with an attorney. I would be happy to assist you with this claim.

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Answered on 10/19/04, 9:15 am

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