ON THE JOB INJURIES – WORKERS COMPENSATION – EMPLOYEE INJURIES IN SOUTH CAROLINA
ON THE JOB INJURIES – WORKERS COMPENSATION – EMPLOYEE INJURY LAWYER IN COLUMBIA, SC
ON THE JOB INJURIES/ WORKERS COMPENSATION / EMPLOYEE INJURIES
SUMMARY
In almost all cases, if you as an employee get hurt on the job or in the scope of your employment, you have access to workers’ compensation benefits. Many workers, if they are hurt on the job, are worried about their status with their employer. They worry if they will lose their job or position. It is therefore important to consider and understand all laws which control the employment relationship and not focus solely on the injury and workers’ compensation claim. Worker’s Compensation benefits are a legal benefit to employees and the South Carolina Worker’s Compensation Statute protects you as it is designed to get employees treated and back to work as soon as possible while it is also designed to give compensation to employees who have a permanent disability, even if it is only a small impairment. In theory, any type of injury to any part of the body, sometimes including mental injuries or repetitive injuries, are covered by the workers’ compensation benefit as long as the injury is a result of your employment. Even if you aggravate a prior injury, assuming you aggravate it at work or in the scope of employment, the medical care and, time out if needed, should generally be covered.
WHAT DO I NEED TO DO IF I AM HURT ON THE JOB?
If you are hurt on the job seriously enough to need medical attention of any kind or level, you should inform your employer immediately. An employee has ninety (90) days to report the injury and the report should be made to a senior person such as your supervisor or human resources person. Claims for Worker’s Compensation injuries must be filed within two years from the date of the accident and occupational diseases (becoming sick because of the job or employment) must be filed within three years of learning of the illness.
WHAT DOES WORKERS COMPENSATION COVER?
Worker’s Compensation Benefits should pay for medical treatment, loss of wages while you are out of work and getting medical care as well as compensation for permanent disability resulting from a work related accident. The Statute is a complex system that allows injured employees to recover for injuries to certain body parts and diseases contracted at work. Employees can even recover for mental injuries if certain criteria are met.
The Worker’s Compensation Law (Act) in South Carolina was significantly modified in 2007 and minor revisions have occurred in the past ten years. If an employee is unable to work for more than seven (7) days, the employee should be compensated at sixty-six and two-thirds percent of the employee’s average weekly wage from the 8th day out of work until the 14th day out. If the employee is unable to work for more than fourteen (14) days, the employee should obtain compensation from the original date of the accident going forward. These Total Temporary Disability Payments (TTD) should continue until the employee has reached maximum medical improvement or “MMI.” The employer chooses all medical providers and it is the medical provider, usually a physician, who determines when the employee has reached MMI.
WHEN SHOULD I GET A LAWYER?
1) If you have an injury that may have any permanent effects: The process of worker’s compensation is controlled by the employer and/or the insurance company which was hired by the employer. It is a complex system and process. If you have an injury, a work related illness or repetitive trauma injury that has any level of permanency, you should strongly consider talking to an attorney.
2) If your employer does not pay you when you’re are out of work or fires you after an injury or claims that the injury did not happen while on the job, you should talk to a lawyer as soon as possible.
3) If your employer or the insurance company are not providing you with needed medical care or any other benefit which has been outlined above as a benefit which should be provided, you should speak with a lawyer.
ORMOND – DUNN firm will meet with you initially, at no cost to you, and if you need representation we will only earn a fee from any settlement or award obtained on your behalf.
HOW DO I KNOW WHAT MY CASE IS WORTH?
Workers Compensation claims can be resolved, in essence, in one of two ways. 1) A “clincher” settlement or 2) a standard resolution. Your attorney can assist you in the best method of resolution for you. Depending on whether there are serious injuries and how many body parts were affected by the injury, illness or repetitive trauma, a claim may be valued using one’s actual lost earning capacity because of the injury or using statutory percentages of impairment for the affected body part or parts. The attorney’s job is to obtain all of the actual information and medical proof to make sure that the value of the case reflects the entire scope of the injury. All claim values are based on the employee’s compensation rate which is a percentage of the employee’s earnings prior to the injury. Finally, if the value is disputed, the Judge of the claim is a Commissioner of the Workers Compensation Commission. The claim, if not resolved will go to a hearing. Your attorney will work to provide him or her all the information and related law and prepare you for the hearing.
HOW CAN WE HELP YOU?
In Workers Compensation cases, we represent clients not only with worker’s compensation benefits issues and make sure, through our best efforts, that the client obtains a fair and just result, but we also advise and work to maintain the employment relationship at the same time.
