The simple answer is yes. However, there are important details you need to be aware of to ensure your rights are protected.
Being injured on the job might require a lot of medical attention, including emergency visits, hospital stays, and ongoing physical therapy. Debilitating injuries can lead to missing several days or weeks of work or needing time off to attend appointments.
If you’re considering filing for workers’ compensation, you may worry about whether your employer will give you time away from work. If you have already filed a claim, you may also want to know what appointments are covered.
Learn about your legal protections and how a South Carolina workers’ compensation lawyer from Joye Law Firm Injury Lawyers can maximize your benefits and protect your rights.
Legal Protections for Covered Medical Care
Under the Fair Labor Standards Act regulation 29 CFR 785.43, employees are entitled to certain protections when seeking medical attention related to a work-related injury. If you get hurt at work and need medical care during work hours, you should be paid for the time you spend getting that care. However, many employers fail to honor this requirement, and injured workers do have a hard time enforcing it, as it’s hard to find a labor lawyer willing to take on a case for what is likely limited damages. However, if you encounter any labor-related issues during the course of your workers’ compensation claim, our law firm has relationships with numerous stellar labor lawyers across the state, and we’d be happy to refer you to one for a consultation.
In South Carolina, workers’ compensation follows this federal guideline, covering all authorized medical expenses related to your on-the-job injury. However, you must provide a work excuse to your supervisor or the human resources department after each visit to a healthcare provider.
Paid vs. Unpaid Doctor Visits: What’s Covered Under S.C. Workers Comp?
In South Carolina, workers’ compensation typically covers a range of medical expenses related to your work-related injury. These may include:
- Initial Medical Examination: Following a work-related injury, the first visit to a healthcare provider to assess your condition is usually covered.
- Follow-Up Treatments: Any subsequent treatments, therapies, or surgeries prescribed by the authorized treating physician necessary for your recovery are covered.
- Specialist Consultations: If referred by your authorized treating physician, visits to specialists for further evaluation or treatment are typically paid for.
- Emergency Care: Immediate medical attention received for injuries sustained at work, including emergency room visits, is covered.
- Travel Expenses Reimbursement: You’re entitled to reimbursement for travel expenses related to receiving treatment. This includes mileage for trips within a 10-mile round-trip at $0.70 per mile and the cost of public transportation, overnight lodging, and meals.
There are a few doctor visits that workers’ compensation may not pay for, such as:
- Unauthorized Treatments: Visits to doctors or specialists not authorized by your employer or their insurance are not covered in South Carolina unless it was an emergency situation.
- Non-Work Related Appointments: Medical visits unrelated to your work injury or illness are not paid for under workers’ compensation.
- Cosmetic Procedures: Treatments deemed cosmetic and not essential for recovery from your work-related injury may not be covered.
What Is the Physician’s Role in Your Care?
After filing for workers’ compensation, your employer and its insurance company will designate a treating physician to oversee your medical care. This provider will handle all aspects of your treatment, including:
- Referring You to Specialists: Your treating physician may refer you to other healthcare professionals, such as physical or occupational therapists, and specialists like orthopedic surgeons, neurologists, or pain management experts. These referrals ensure comprehensive and specialized care tailored to your injury or condition.
- Authorizing Absences From Work: If your injury or illness requires you to be absent from work, your treating physician is responsible for granting medical approval for your leave for health-related reasons. This lets you take time off to recover without jeopardizing your employment status or workers’ compensation benefits.
- Setting Work Limitations: If you are ready to return to work but still have physical limitations, your treating physician may restrict your ability to perform certain tasks or engage in full-time employment. These limitations are designed to protect your well-being and prevent worsening of your condition. If an employer is unable or unwilling to accommodate the assigned restrictions, you may still be entitled to receive weekly disability benefits.
- Determining Maximum Medical Improvement (MMI): Your treating physician will track your recovery and decide when you’ve reached MMI, indicating your condition has stabilized and is unlikely to improve with further medical treatment. MMI affects future benefits and your ability to work, making it an important consideration.
- Evaluating Long-Term Impairments: Your doctor evaluates lasting impairments caused by a workplace accident or disease. This assessment determines the long-term effects of your injury on your health and lifestyle, influencing the level of compensation and support you may receive. An impairment rating is an important factor in an injured worker’s recovery of scheduled member disability benefits under South Carolina law, but it is far from the only factor.
Are You Required to Use Personal Vacation Time for Medical Appointments?
When seeking medical care for a workplace injury, your employer cannot force you to use personal vacation or paid time off (PTO) for doctor visits or treatments. Workers’ compensation covers medical expenses and compensates for wages lost due to injuries incurred at work, and it operates independently of your vacation or PTO benefits. However, do note that under South Carolina law, your entitlement to disability benefits does not kick in until you have missed more than seven days from work due to your injuries. If you are out of work receiving disability benefits, this is not a significant factor, but it could be if you have continued to try to work within your injury restrictions.
You can seek medical attention for work-related injuries without sacrificing your personal leave benefits. This ensures that you don’t lose out on personal time off that you might need for relaxation or personal matters, separate from any work-related injury or illness.
Protect Your Workers’ Compensation Benefits After an Injury
If you’re filing for workers’ compensation and need time off for doctor appointments, it’s crucial to be aware of your legal protections. As is likely apparent from reading this summary, our workers’ compensation laws are complex and can be confusing. If you have questions or need legal guidance regarding workers’ compensation, speak with our experienced attorneys at Joye Law Firm Injury Lawyers.
We can investigate your workplace accident, ensure your employer abides by South Carolina workers’ compensation laws, and help you maximize your benefits. Contact us today for a free consultation.
Originally published in March 2024, edited in October 2025
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