Personal Injury Lawyer Columbia, SC

Confused About Worker‘s Compensation Law?

Perhaps no subject in the law generates more emotion and more confusion than that of workers’ compensation. The idea behind workers’ compensation laws is to compensate an injured worker in a fair and efficient manner, without the necessity of proving that the injury was due to the employer’s negligence, so that the worker can quickly get the medical treatment he needs and draw the compensation he deserves, and get back to work if at all possible. Unfortunately, all too often the employers and their insurance companies are immediately hostile to an injured worker, and wrongfully deny the benefits the system is designed to administer. This is one reason it is a good idea to seek legal representation as soon after you are injured as possible, so that your attorneys can begin the process of investigating and processing your claim before problems present themselves.

Does Your Employer Carry Worker’s Comp Insurance?

Generally, employers in the state of South Carolina which have 4 or more employees are required to carry workers’ compensation insurance. If the employee is hurt on the job as a result of an accident, he is entitled to file a workers’ compensation claim. He has 90 days to report the injury to his employer, and there is a separate statute of limitations within which to actually file the claim with the state Workers’ Compensation Commission. If the claim is accepted, the employer’s insurance company should pay for all causally-related medical treatment. They have the right to choose your medical providers, and it is important that you consult with an lawyer who has some knowledge of the various physicians in the area so that action can be taken if inappropriate physicians are chosen to treat you.

If the authorized treating physician takes you out of work, you will be eligible to draw temporary total disability payments (TTD), equivalent to two-thirds of your average weekly wage, after a 7-day waiting period is satisfied. If the doctor places you on light duty, and there is no light duty available, you should also draw TTD benefits. Once you have reached the point of maximum medical improvement (MMI), if you are still having symptoms as a result of the injury, we will ask the doctor to assign you the appropriate permanent impairment rating, which we then use to help negotiate a settlement for any permanent disability you have sustained. If the case cannot be settled, or if the claim was denied at the outset for what we consider to be an invalid reason, we will typically file a Form 50 with the state Workers’ Compensation Commission requesting a hearing.

Expert Legal Representation For Worker’s Compensation Claims is Advised

Workers’ compensation cases can be quite complicated, and they are very much form driven. Without knowledge of the various time limitations, as well as the proper use of the Commission forms and regulations, potential pitfalls could endanger your case. It is wise to seek an attorney as soon as possible after the injury who has extensive experience in handling workers’ compensation claims, so that your rights can be adequately protected, and your claim can be handled in a manner which is advantageous to you.

If you have been hurt at work, Best & Flatt, P.A., can provide you with the representation that you are entitled to. To learn more about how we can assist you, please give us a call at 803-252-1800 or visit our site.