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Does Union Membership Affect My Workers’ Comp Claim?

South Carolina Requires Workers’ Compensation Coverage

Employers in South Carolina are required by law to carry workers' compensation coverage if their business has four or more full or part-time employees. While a few exemptions exist, the state aims to protect all workers by enforcing this policy and imposing penalties for non-compliant employers, including fines.

Understandably, many seasoned and new workers have questions about what workers' compensation coverage entails and any variations. Two of the most common include:

  • What benefits am I entitled to?
  • Do my benefits change if I am a union member?

Keep reading to have your questions answered.

Benefits Under Workers’ Compensation

The standard workers' compensation benefits that any injured employee can receive include:

  • Full payment of medical bills related to the incident.
  • Wage compensation up to 66 2/3% of your weekly pay until you reach the maximum wage limit.

However, employees (or someone acting on their behalf) must give immediate notice to their employer that an injury-causing incident occurred. As this notice is required by the South Carolina Workers' Compensation Commission (SCWCC), benefits could be delayed if you fail to do so.

Does Union Membership Affect My Benefits?

Since South Carolina is a "Right to Work" state, you have the choice of whether to join or pay fees to a union and cannot be penalized for your decision. As such, the benefits you may receive from workers' compensation go unaffected by your enrollment in a labor organization. However, making your claim and pursuing legal action may vary depending on if a union representative should be present for proceedings.

Have Workers Compensation Questions? We Have Answers.

J. Bradley Baker LLC is proud to be a South Carolina workers’ compensation attorney with 25 years of experience and will be a champion for your right to receive compensation for your injury. If you are concerned about your employer’s compliance with the state law or need assistance in making your claim, call (803) 403-1485 or fill out the form on our website to get in touch with a member of our team.