Workers’ Compensation in South Carolina
Workers’ compensation benefits are benefits employers are required to provide for employees when they are injured during the course of their employment. Fortunately, the coverage is very broad and most injuries are entitled to coverage. The trade-off, however, is that the benefits are limited. For example, an employee is only entitled to two-thirds of their weekly wages and there is a maximum weekly wage cap, which is $838.21 for injuries occurring in 2018. Injured workers are also not entitled to pain and suffering. Settlements are based on an injured employee’s loss of use of the injured body part. All benefits are determined in strict accordance with the workers’ compensation laws of South Carolina. It is important for an injured employee to have an attorney who understands how to navigate the complex laws of workers’ compensation. As a Myrtle Beach workers’ compensation attorney with over 11 years experience, I understand the process and can help you obtain the benefits you deserve. I offer a free consultation and there is no fee unless I am able to recover for you.
Workers’ Compensation – Myth Versus Reality
The laws of workers’ compensation are complex and, if an injured employee is not careful, will be dictated by the insurance company. The most common myth is that employers control the claim and will do what is right and look out for them. The reality is once the claim is filed, the employer is no longer in control. The insurance company only has one thing in mind and that is paying out as little as possible.
Insurance companies use many different tactics to avoid paying our claims. First, the insurance company may choose to deny an injured worker’s claim. Common reasons for denying a claim are that injury was not done in the scope of employment, notice was not given, the injury was idiopathic in nature or that the injury simply did not arise out of or in the course of employment. Even if a claim is accepted, insurance companies may deny medical treatment. This includes medical testing, as without testing the extent of an injury may not be discovered. Finally, insurance companies often push injured workers into settlements that do not have their best interest in mind. For example, settlements may agree to no longer provide medical care, despite the fact the injury may require medical care in the future, leaving the injured worker on the hook for the future bills.
What To Do If Injured On The Job
There are two simple steps. First, report the injury to your employer. When you report the injury be sure to include all body parts that are injured. It is also important to be sure to report all injured body parts to the doctor. Second, contact an attorney. The laws are complex and it is easy to make mistakes early on which can have an effect on the value of your claim. You can contact me at Will Parker Law at (843) 357-4111 or on my cell phone at (843) 999-2907. I offer a free consultation, will come to you at your home if necessary and do not take a fee unless I recover a settlement for you.
What Happens When You Get In A Car Accident While Working In SC?
If the accident is not your fault, with a few, rare exceptions, a person is entitled to recover under both workers’ compensation and the opposing driver’s automobile liability insurance. This provides an opportunity for the injured party to recover damages for pain and suffering, which are not available under worker’s compensation. While the potential recovery in these cases is high, such cases are complex and a mistake can have devastating consequences. Mr. Parker is well-versed in both workers’ compensation as well as accident law, navigating numerous such cases over the years. Read More
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