- Workers’ Compensation
- What are South Carolina Regulations for Workers Compensation?
- Types of Compensation Your Workers Comp Attorney Will Seek.
- Advice from Lowcountry Law: How to Prepare.
- Should I Get a Workers Comp Attorney to Get Benefits?
- The Benefits to Having a South Carolina Workers Compensation Lawyer.
- Consult with a Knowledgeable Workers Comp Attorney.
Workers’ Compensation Assistance From A Dedicated Attorney
Injuries that put us out of work can cause tremendous stress. Bills pile up. We may lose wages and the ability to provide for our family. Our professional future may even become compromised. Workers’ compensation exists for these reasons, and the dedicated counsel of an attorney can help you claim what you deserve.
Lowcountry Law, LLC, in Mount Pleasant and Myrtle Beach offers workers’ comp services throughout the area. Attorney Matthew Breen has a successful and repeated track record of helping the injured seek funds they need to get back on track. This page helps explain many areas of Workers’ Comp in South Carolina. Be sure to take a look through this guide. While this guide might help you understand your claim and the rights you have under South Carolina law. It is NO SUBSTITUTE for having an experienced and aggressive Workers’ Comp lawyer on your side.
These Are Complicated Matters – And Time Is Of The Essence
Even if you are unsure whether you have a legitimate claim, it is important to start the process soon. In South Carolina, injured workers have up to 90 days to report their claims to their employers. If it is the case of repetitive trauma or strain, the worker has 90 days from the official discovery of the condition to report. Attorney Breen handles all types of workers’ comp cases, including those related to:
- On-the-job injuries
- Illness caused by chemical or toxic exposure in the workplace
- Repetitive strain injuries
- Third-party liability cases
South Carolina is a business-friendly state with a wide range of innovative industries as well as long-established agriculture, auto industry, manufacturing and others. There are countless ways individuals get hurt performing work duties, and workers’ comp is an invaluable resource for the injured. Unfortunately, people can be denied proper financial help for various reasons. But a well-versed personal injury lawyer can make all the difference.
Be sure to check our Blog for new topics on Worker’s Compensation Law in South Carolina!
What are South Carolina Regulations for Workers Compensation?
Every state has its unique legal provisions that determine the scenarios in which worker injuries lead to the provision of financial assistance on behalf of the employer. Local statutes determine the compensation amount.
The South Carolina Workers Compensation Commission is the entity that deals with procedures and compensation rates in the state. The commission’s official website sets the maximum weekly compensation rates as of 2011. This amount is based on the average weekly wage in the state – $903.40.
The maximum weekly workers compensation rate is currently set to this average for the state. The minimum has to be 66 2/3 percent of an individual’s average weekly wage. These numbers are outlined in the local workers compensation laws – statutes aimed at providing professionals with sufficient means for the handling of occupational injuries and disabilities.
Additional information about the legal specifics of getting workers compensation is outlined in the South Carolina Code of Laws – Title 42.
Under this statute, most state employers that hire at least four people are required to carry workers compensation insurance. This insurance is used to provide coverage in most cases of occupational diseases. A number of conditions, however, are excluded. These conditions include mental injuries, chronic stress, strokes, aneurysms, embolisms and heart attacks that result from standard work interactions.
Types of Compensation Your Workers Comp Attorney Will Seek
Workers who suffer injuries or ailments at the workplace are entitled to receive several kinds of compensation:
- Coverage for medical bills and treatment-related expenses
- Indemnity benefits for wages lost during the period required for treatment and recovery away from work
- Permanent disability or disfigurement compensation
- Compensation for the coverage of vocational rehabilitation costs
The extent of the disability and the amount of time spent away from work will obviously be the two factors that will have the most profound impact on the amount that the worker will receive. Vocational rehabilitation coverage is only provided to the workers who cannot return to their previous position as a result of the injury or the ailment.
South Carolina has a certain statute of limitations for filing a workers compensation claim. A worker has to send a notice to the employer as soon as possible after the injury and no later than 90 days from the date. When it comes to filing a workers compensation claim, the statute of limitations is two years.
Advice from Lowcountry Law: How to Prepare
Getting ready for a workers compensation claim involves a lot of preparation. When you are dealing with an injury or a medical condition, preparing to win the claim will be anything but easy. Choosing the right legal representative, however, and coming up with a strategy together will simplify things a little bit.
At Lowcountry Law, we believe that it is very important to have enough information and intimate understanding of the case specifics. This is why we ask our clients to go through a number of key steps:
Document the injury or medical condition:
The first thing you have to do is document the injury or the medical condition. The evidence that you gather will be used by your workers comp lawyers to prove that workplace factors contributed to the ailment. Additionally, you will have to make sure that the specific injury or ailment type is covered by workers compensation insurance. As already mentioned, certain conditions are excluded from coverage in South Carolina. If you are dealing with any one of these exceptions, you will not get treatment or disability funds. When undergoing medical assistance, get copies of medical records and save the bills for any treatment-related expenses. You should also consider photographing the injuries, bruises, and scars.
Notify the employer:
South Carolina has a 90-day limit for workers to notify their employers about the injury or the ailment. If you are going through extensive medical procedures and you cannot complete the process on your own, have a family member notify the employer.
Write down how the accident or the injury happened:
This is imperative because your memories will fade with the passage of time. Write a detailed account of the circumstances as soon as you feel well enough. The more details you can include, the easier you will make it for your South Carolina workers compensation lawyer to represent you. This information will also be provided to the insurance company. You will be asked questions about how an accident occurred. Medical reports and workplace reports will help you fill in the gaps if you are not certain about every single moment.
Identify current limitations and potential disabilities:
The amount you will be entitled to is going to depend on the severity of the impairment and whether it is permanent. Just like you should sit down to write about the accident itself, you should also list the ways in which it has affected you permanently. People who cannot go back to their previous work position and the ones who will be prevented from working altogether because of a disability are entitled to financial assistance.
Attend all hearings and court dates:
Before an official court hearing occurs, there will be several other meetings that you will need to attend alongside your attorney. Having your workers comp lawyers present at all of them will give you a better idea about procedurals and how to address questions in the best possible way. There will be at least two meetings before a court date is scheduled – a mediation and a pretrial conference. Settling out of court is possible, especially if both parties are willing to work together during the mediation. This agreement will save you time and it will also reduce some of the expenses linked to a court trial. Still, let your workers comp lawyers know what you are comfortable with regarding your workers compensation settlement. This way, your legal representative will know how to negotiate and whether the settlement you are being offered is an adequate one.
Organize all evidence before the trial:
In the unlikely event that you have to go to court, you should be fully prepared. By this point in time, you have probably gathered a lot of evidence and information. Your workers comp lawyers have probably spoken to experts. You will have witness testimonials, workplace, and medical reports. The communication that occurred between you and the insurance company, as well as between you and the employer, can also deliver important data. All of this information should be organized and used during the trial. Meet with your workers comp lawyers several times to fine-tune the strategy and to discuss the evidence that will play the best role when it comes to supporting your position with facts.
While all of this is happening, follow through with the recommended treatment. The workers compensation you are seeking covers the period during which you are undergoing treatment. If you are not meticulous and you fail to follow the doctor’s orders, the claim could potentially be denied. Following medical advice protects your eligibility for workers compensation benefits.
Should I Get a Workers Comp Attorney to Get Benefits?
Many people worry about expenses after sustaining workplace injuries. Thus, they are not certain whether workers comp lawyers should be hired at all. Are you one of these individuals? If so, you have to consider the following information carefully. Attempting to represent yourself is not impossible, but it can seriously undermine your chances of success.
Know and understand one thing – even if you have not suffered particularly severe injuries, you’re still entitled to getting a Workers Compensation attorney to represent your interests. A general rule of thumb is, however, that injuries serious enough to alter the life of a person warrant experienced legal assistance.
When you suffer a disability as a result of a workplace injury, and you find yourself incapable of going back, you will be reliant on the workers compensation in the future. You will need a settlement amount that is big enough to cover your medical treatment and therapy, as well as your living expenses. A Workers’ Compensation attorney that specializes in the field like those at Lowcountry Law can help you get the maximum possible compensation that corresponds to the specifics of the accident.
Another situation in which having a legal representative will be crucial is a dispute. A dispute over the workers compensation can occur between the worker and the employer or between the worker and the insurance company. Most people do not have the knowledge and the skills to navigate such a disagreement and still receive fair compensation.
The Benefits to Having a South Carolina Workers Compensation Lawyer
Many states, South Carolina included, have a complicated legal dispute process. Without a workers comp attorney, you will be at a disadvantage because you are unaware of the legal specifics. As a result, the compensation will either be diminished significantly or you will be denied the financial assistance you so desperately need.
Several other scenarios make it important for people who are attempting to acquire workers compensation to hire a legal representative:
- The person had serious pre-existing medical conditions before the accident, or the workplace ailment occurred
- The person believes they are not receiving sufficient benefits
- The individual has no knowledge or understanding of the workers compensation process
- The injuries are serious enough for a doctor to believe that the individual is not going to go back to the health state that they were in before the accident
- Going back to the same job would be impossible
- Working a full week in the aftermath of the accident/ailment would be impossible
A great thing to keep in mind is that reputable legal teams like Lowcountry Law offer their potential clients free consultations. A free initial consultation gives you a chance to ask questions and determines whether legal representation is the right option for you.
Consult with a Knowledgeable Workers Comp Attorney
With so many workers comp lawyers out there, why should you choose us? What makes Lowcountry Law the best team of Workers’ Comp lawyers?
We specialize in Workers’ Comp and Personal Injury cases, offering our clients adequate assistance based on the extensive experience and the knowledge that we have gathered through the numerous cases won through the years.
Located in Mount Pleasant and Myrtle Beach, our team represents people who have sustained all kinds of workplace injuries. Our philosophy is that no case is too small to address professionally. We are ready to accept new challenges and help our clients get the financial assistance that they deserve.
Lowcountry Law, LLC, Is Ready To Help!
We believe it is very important to speak with a knowledgeable workers compensation attorney from day one, even if you still do not have a clear idea about the best approach for your case. A legal consultation will enable you to regroup yourself and gain some clarity in a potentially confusing situation.
Your work injury matters, and attorney Matthew Breen understands the often-complicated process of these claims. Unsure if your injury warrants compensation? Call 843-800-8663 or send an email for a free consultation and claim evaluation.