The only way to be sure whether you qualify for UI is to file an initial claim with the South Carolina Department of Employment and Workforce (DEW). Even if you are eligible for UI on the basis of earnings in your base period, you can be disqualified if:

  • You left your most recent job without good cause.
  • You retired voluntarily.
  • You were fired for cause.
  • You were fired for misconduct connected to your job.
  • You lost your job by participating in a labor strike.

Eligibility for Workers’ Compensation In Horry County

Workers’ compensation is no-fault insurance coverage for employees who suffer work-related injuries or illnesses. Every South Carolina employer with four or more employees is required to carry workers’ compensation insurance. To collect workers’ comp:

  • You must be an employee.
  • Your employer must carry workers’ compensation insurance.
  • You must have a work-related injury or illness.
  • You must meet deadlines for reporting your injury/illness and for filing a workers’ comp claim.

If you are eligible, workers’ comp pays for your medical expenses and up to two-thirds of wages lost due to your work-related injury or illness. Your employer may not fire you or retaliate against you in any other way for filing a claim, and you do not have to prove your employer was negligent or did anything wrong. Even if you caused your own injury on the job, you may still collect benefits as long as you meet two crucial deadlines:

  • Report your injury/illness to your employer within 90 days.
  • File your claim for workers’ comp within two years. 

These deadlines might be extended if: 

  • Your employer already knows about your accident/injury.
  • You were physically or mentally unable to notify the employer.
  • You have a repetitive motion injury that develops over time, rather than a one-time accident causing an immediate injury. 

Unemployment Insurance and Workers’ Compensation Are Mutually Exclusive

To receive unemployment insurance, you must be able and available to work. To receive workers’ compensation, you must be unable to work due to your injury or illness. Because you cannot meet both of these criteria at the same time, you cannot be considered eligible for both types of benefits. Trying to collect benefits for which you aren’t eligible is fraud—which could lead to criminal and/or civil penalties. 

The only possible exception to this rule would occur if you are receiving workers’ compensation payments for permanent partial disability (PPD). In this case, you might be working with restrictions at a reduced salary while actively seeking another job that you can perform with the physical limitations caused by your work-related injury. In such a case, you could be eligible for both workers' comp and UI. 

Have You Been Injured On The Job?

If you've been hurt at your job you can speak with a workers' compensation lawyer. Please contact us online or call our Myrtle Beach office directly at 843.488.3165 to schedule your consultation. We are also able to meet clients at our Charleston, Conway, Florence, Murrells Inlet, Mt. PleasantNorth Myrtle Beach, or North Charleston office locations.

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.