South Carolina Workers’ Compensation for EMTs & First Responders

How Dangerous Is It to Be a First Responder?

Due to the nature of their work, first responders undoubtedly have an increased risk of injuries on the job. In fact, according to the Centers for Disease Control and Prevention (CDC), in 2020 alone, emergency medical services (EMS) workers experienced 16,900 nonfatal injuries that required treatment in emergency rooms.

So, what is the most common injury for first responders?

Overexertion injuries are by far the most common. Long hours and the physically demanding nature of the job can lead to injuries such as sprains, strains, pulled muscles and herniated discs.

The CDC reported that sprain and strain injuries accounted for about 24% of all EMS worker nonfatal injuries in 2020, with the back, neck and shoulders being the most affected.

Other common injuries among first responders include:

• Cuts and lacerations. These are common and can occur in various situations, from handling sharp tools to extricating victims from vehicles or debris. In 2020, cuts and abrasions accounted for about 15% of all nonfatal EMS worker injuries.
• Burns and smoke inhalation. Firefighters, in particular, are at risk of burns and respiratory illnesses from smoke inhalation and exposure to hazardous chemicals.
• Exposure to infectious diseases. Paramedics and other medical first responders are often exposed to infectious diseases such as HIV, hepatitis and COVID-19.
• Traumatic injuries. These can occur in various situations, such as traffic accidents, falls or emergency response activities, leading to brain injuries, spinal cord injuries, broken bones and other catastrophic injuries.
• Hearing loss. Exposure to loud noises, such as sirens and machinery, without proper ear protection can lead to hearing loss or impairment over time.
• Mental health issues. The high-stress nature of first responder work can lead to mental health issues such as post-traumatic stress disorder (PTSD), depression and anxiety.

In 2020, the most common cause of injuries to emergency response workers was overexertion. Other common causes included violence, exposure to harmful or toxic substances, vehicle accidents, contact with objects or heavy equipment, and slip-and-fall accidents, as illustrated in the graph below.

Are First Responders Entitled to Workers’ Compensation Benefits After an Injury?

Yes, first responders are indeed entitled to workers’ compensation benefits after sustaining an injury, illness or disease in the line of duty. This includes a wide array of professionals, such as firefighters, police officers, emergency medical technicians (EMTs) and paramedics. 

The workers’ compensation system is designed to provide benefits like medical care, wage replacement, rehabilitation services and death benefits to help with financial expenses related to a work-related injury or health condition.

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What Is the Workers’ Comp Law in South Carolina?

In South Carolina, the workers’ compensation law mandates that almost all employers with 4 or more employees provide workers’ compensation insurance for their workers. This law covers both full-time and part-time workers, including first responders.

However, it’s important to note that independent contractors and unpaid volunteers are not covered.

The workers’ compensation system in South Carolina operates under a no-fault principle, meaning that employees can receive benefits regardless of who was at fault for the injury, but in return, they generally cannot sue their employer for the injury.

To be eligible for these benefits, a worker only needs to be able to prove that their injury, illness or disease was directly caused by their job.

What Workers’ Comp Benefits Are Injured First Responders Entitled To?

Injured first responders are entitled to several key benefits under workers’ compensation, with certain aspects particularly relevant to the nature of their work.

These benefits include:

• Medical benefits. These include coverage of all medical expenses related to the work injury or illness. This encompasses hospital visits, surgeries, medications, rehabilitation, mileage reimbursement for medical-related travel (such as to and from doctor appointments), and any necessary ongoing treatment or medical equipment.
• Vocational rehabilitation. If the injury prevents the first responder from returning to their previous role, they may be eligible for vocational rehabilitation services. These services aim to help them train for and find alternative employment.
• Wage replacement benefits. This is compensation for lost wages while the injured responder is unable to work. Typically, this amounts to two-thirds of the responder’s average weekly wage, subject to state-specific maximum and minimum limits. The compensation continues until the responder can return to work or reaches maximum medical improvement (MMI). In cases where an injury results in temporary or permanent disability, either partial or total, benefits are provided based on the severity and duration of the disability.
• Death benefits. In the tragic event of a fatality, the first responder’s dependents may receive death benefits. This typically includes a portion of the deceased’s wages and coverage of funeral expenses.

It’s highly recommended that you consult with a workers’ compensation attorney who can guide you through the intricacies of the claims process and explain how much your injury is worth to maximize your compensation.

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New SC Law Provides Increased Support to Families of First Responders Who Die in the Line of Duty

In June 2023, a new law was enacted in South Carolina to support first responders and their families. Under this law, the family of a first responder who dies in the line of duty will now receive $75,000.

This amount can increase to $150,000 if the death is a result of an unlawful or intentional act or if it occurs while responding to an emergency. The law encompasses law enforcement officers, firefighters, EMTs, correctional officers, constables, and coroners.

These benefits are over and above other legal benefits, including workers’ compensation, and are protected from claims of creditors.

This law is an important step in recognizing the risks inherent in first responder roles and provides significant financial support to their families in the event of a work-related death.

How Long Do You Have to Report a Work Injury in South Carolina?

In South Carolina, you’re required to report a work-related injury to your employer within 90 days of the incident. 

This time frame is crucial because failing to report the injury within this period can result in a denied workers’ compensation claim. Because of this, it’s highly recommended to report the injury as soon as possible, ideally immediately after it occurs. 

In cases of certain occupational diseases like hearing loss or cancer that develop over time, the worker is required to notify their employer within 90 days of becoming aware of the disease, which generally means when they receive a diagnosis.

Prompt reporting not only helps to ensure your rights to benefits but also aids in the timely processing of your claim and the initiation of necessary medical treatments.

What Is the Waiting Period for WC in SC?

In South Carolina, the waiting period for workers’ compensation benefits is 7 days. This means that if you’re injured on the job, you must be unable to work for a period of 7 consecutive days before you become eligible to receive temporary disability benefits under workers’ compensation.

However, it’s important to note that if your inability to work extends beyond 14 days, you’re then eligible to receive compensation for the initial 7-day waiting period as well. 

Essentially, if your work-related injury or illness results in an absence of more than 2 weeks, you can receive benefits retroactively from the first day of missed work. This system ensures that workers who suffer more extended periods of disability due to a workplace injury are compensated from the very beginning of their absence.

Does Workers’ Comp Cover Ptsd in South Carolina for First Responders?

Currently, mental injuries or illnesses like PTSD, which arise in the course of employment but are not accompanied by a physical injury, are generally not considered covered under workers’ compensation.

For such mental injuries to be compensable, the employee must demonstrate that the conditions of their employment causing the stress, mental injury or mental illness were extraordinary and unusual compared to the normal conditions of their specific job.

Additionally, there must be clear medical evidence establishing a causal connection between the employment conditions and the mental health condition.

In cases deemed medically complex, the burden of proof is on the employee to establish the injury’s connection to their employment through medical evidence.

Laws around coverage of mental health injuries for first responders have been rapidly evolving in recent years, so it’s crucial to discuss your specific situation with an experienced work injury attorney to understand your right to compensation and legal options.

What Is the Coming and Going Rule for Workers’ Comp in South Carolina?

The “coming and going” rule typically holds that injuries incurred by an employee while traveling to or from their workplace are not considered to have arisen from employment activities. As a result, such injuries usually do not qualify for workers’ compensation coverage.

For first responders in South Carolina, the “coming and going” rule can be particularly nuanced. Given the nature of their work, first responders often find themselves in situations that do not conform to typical workday patterns. 

For example, a firefighter or police officer responding to an emergency call from home or traveling between different sites as part of their shift might be covered under workers’ compensation if an injury occurs, as this travel can be considered an integral part of their job responsibilities.

Each case is unique, and the applicability of the “coming and going” rule can vary based on specific circumstances. For first responders and others, it’s often beneficial to consult with a workers’ compensation attorney to understand how the law applies to their particular situation.

Are You a First Responder Who Was Injured in the Line of Duty in South Carolina? Our Experienced Workers’ Compensation Attorneys Can Help!

If you’re a first responder who’s been injured on the job or a family member coping with the aftermath of a tragic work-related fatality, the knowledgeable Columbia work injury attorneys at Smith, Born, Leventis, Taylor & Vega are here to provide the support and legal guidance you need to recover the compensation you deserve.

We’ll be happy to answer any questions you might have about the workers’ compensation process and provide a free estimate of how much your injury is worth to help you make an informed decision about your claim.

Get started today by scheduling your free consultation.

References

2023-2024 Bill 108: Death Benefits for Law Enforcement Killed in the Line of Duty. (n.d.). Www.scstatehouse.gov. Retrieved January 19, 2024, from https://www.scstatehouse.gov/sess125_2023-2024/bills/108.htm

CDC – Emergency Medical Services Workers: Injury and Illness Data – NIOSH Workplace Safety and Health Topic. (2019). https://www.cdc.gov/niosh/topics/ems/data.html