A Guide to South Carolina Workers’ Comp for Electricians

How Many Electricians Get Injured on the Job?

As you might imagine, working around electricity and construction sites puts electricians at a high risk of injury.

So, do electricians get hurt a lot?

The short answer is yes. In 2020, the U.S. Bureau of Labor Statistics (BLS) reported that electricians suffered about 7,270 nonfatal injuries and illnesses requiring time off work. With approximately 656,510 electricians working across the U.S., that’s an incidence rate of 128.2 per 10,000 full-time workers.

Additionally, in 2021 alone, the BLS reported that 61 electricians were fatally injured on the job. The majority of these deaths (38) were the result of what the BLS calls “exposure to harmful substances or environments.” Another 16 deaths were caused by injuries sustained from slips, trips or falls.

What Is the Most Common Injury as an Electrician?

Surprisingly, electrocution is not the most common injury for electricians.

According to the BLS, in 2020, the majority of electrician nonfatal work injuries reported were:

• Muscle soreness and pain (1,840 injuries) 
• Muscle and tendon sprains, strains and tears (1,670 injuries)
• Fractures (890 injuries) 
• Cuts and lacerations (800 injuries)

In all of these nonfatal work incidents, the most commonly injured body part was the knee. As for how these injuries occurred, the biggest cause was getting struck by an object or heavy equipment. Other common causes included falls, exposure to harmful substances, and being struck against equipment, as reflected in the chart below.

Are Electricians Eligible for Workers’ Compensation in South Carolina?

Yes, in South Carolina, electricians, like most other employees, are generally eligible for workers’ compensation. The state’s workers’ compensation system is designed to provide benefits to employees who suffer job-related injuries, illnesses or diseases, regardless of who was at fault.

Most employers in South Carolina are required to have workers’ compensation insurance if they employ 4 or more employees. This includes full-time and part-time workers.

To be eligible for workers’ comp, a worker’s injury, illness or disease must be directly caused by their job duties or work environment. Additionally, they must be an employee, not an independent contractor.

Please note that even if you’re eligible for benefits, you must follow all the necessary steps to file a claim, including reporting the injury, illness or disease to your employer within 90 days. Failure to take the appropriate steps could prevent you from recovering the compensation you deserve.

Steps and Expectations in Filing a Workers’ Compensation Claim

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Who Is Exempt From Workers’ Comp in South Carolina?

While most South Carolina workers are covered under workers’ compensation, there are certain categories of workers who are exempt from the mandatory coverage requirements of the workers’ compensation system.

If you’re an electrician, you don’t qualify for workers comp benefits if you’re classified as an independent contractor, rather than an employee. However, the classification depends on various factors and can sometimes be a point of legal contention.

So, if you believe you’ve been wrongly classified as an independent contractor, you should seek the advice of a workers’ compensation attorney after an injury to help determine your correct classification and legal options for financial recovery.

In addition to independent contractors, other workers who aren’t eligible for workers compensation benefits in South Carolina include:

• Agricultural employees and those who sell agricultural products
• Workers of employers with less than $3,000 in annual payroll
• Railroad and railway express companies and employees
• Federal employees
• Casual employees who only work as needed
• Real estate agents working on commission for brokers

How Much Does Workers’ Comp Pay in South Carolina?

In South Carolina, workers’ compensation provides various benefits, but the extent and amount of these benefits will depend on the nature and severity of your injury, illness or disease.

Key benefits include:

• Medical benefits. Workers’ compensation covers all necessary medical treatment related to your work injury or condition. This includes hospital and surgery-related expenses, doctor office visits, prescriptions, mileage reimbursement for travel to and from medical appointments, and any needed medical equipment.
• Vocational rehabilitation. If your injury prevents you from returning to your previous job, vocational rehab will be provided to help you develop new skills and find alternative employment that accommodates your physical limitations.
• Wage loss benefits. These benefits are categorized into different types based on the severity and duration of your injury but typically amount to two-thirds of your average weekly wage, subject to minimum and maximum limits set by law. These benefits are paid until the worker returns to work or reaches maximum medical improvement.
• Death benefits. If a work-related injury or illness results in death, your dependents may receive death benefits. This typically includes funeral expenses up to a certain amount and compensation for dependents based on your average weekly wage.

It’s crucial for injured workers to understand their rights under South Carolina’s workers’ compensation laws and seek assistance from a workers’ compensation attorney to determine the amount of compensation they should be entitled to before accepting a settlement offer from the workers’ compensation insurer, particularly after a serious or catastrophic injury that results in permanent disability.

How Long Can You Stay On Workers’ Comp in South Carolina?

The duration of workers’ compensation benefits depends on the nature of the injury and the type of benefits being received.

Medical benefits, which cover necessary treatment for the work-related injury, continue for as long as they are deemed medically necessary.

For temporary wage loss benefits, these are typically available until:

• The injured worker reaches maximum medical improvement (MMI), which is the point at which their condition is stabilized and no further improvement is expected; or 
• They are able to return to work.

However, these temporary benefits are capped at a maximum duration of 500 weeks. After reaching MMI, if the worker has sustained permanent injuries, they may be eligible for permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on the severity and impact of their injuries.

Dealing with Workers’ Compensation Claim Denials

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Can I Lose My Job Due to an Injury in South Carolina?

In South Carolina, while there are protections in place for workers who suffer job-related injuries, it’s important to understand that South Carolina is an “at-will” employment state. This means that, in most cases, an employer can terminate an employee for almost any reason. 

However, there are certain safeguards established for workers to prevent employer discrimination as well as retaliation after job-related injuries.

For example, employers cannot legally fire an employee just because they’ve filed a workers’ compensation claim. Termination in retaliation for filing a claim is illegal, and the employee may have legal recourse if this occurs.

Additionally, if an injured employee is cleared to return to work, whether to their former job or a modified position, the employer is generally expected to accommodate this return. However, if the employee is unable to return to any kind of work due to the injury, the employer may not be able to hold the job open indefinitely.

In cases of dispute or uncertainty, it’s advisable to consult with a legal professional specializing in workers’ compensation for guidance tailored to the specific situation.

Get Help From a Knowledgeable Columbia Work Injury Attorney

Navigating the complexities of workers’ compensation in South Carolina can be overwhelming, especially when dealing with the stress and pain of a work-related injury. 

Whether you’re an electrician facing the hazards of your trade or any other professional dealing with a workplace injury, understanding your rights and the benefits you’re entitled to is crucial.

At Smith, Born, Leventis, Taylor & Vega, our skilled Columbia work injury attorneys are committed to guiding you through this intricate process. With our expertise and empathy, we’ll help you secure the compensation you need to recover and move forward.

If you have further questions or need assistance with your claim, don’t hesitate to reach out to us. Schedule your free consultation today to learn how we can help you maximize your benefits.

References

Electricians, 2016-2020 : U.S. Bureau of Labor Statistics. (n.d.). www.bls.gov. Retrieved January 18, 2024, from https://www.bls.gov/iif/snapshots/osn-electricians-2016-20.htm

Fatal-occupational-injuries-table-a-5-2021 : U.S. Bureau of Labor Statistics. (n.d.). www.bls.gov. https://www.bls.gov/iif/fatal-injuries-tables/fatal-occupational-injuries-table-a-5-2021.htm

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