SC Workers' Comp FAQ
Greenville, SC Workers Comp Attorney
Reporting Requirements for a Claim
Generally ,all Workers Compensation claims and on the job injuries in South Carolina must be reported with 90 days from the date of the injury unless reasonable excuse can be made. The 90 day requirement is a little different in repetitive trauma cases. See Repetitive Trauma Reporting Requirements Blog for more details.
Medical Treatment for Workers Comp Injury
Whether you've had a back injury, a knee injury or a brain injury, the medical benefits are generally the same. An injured worker is entitled to causally related (related to the injury) medical treatment that will tend to lessen the period of disability. This can include surgery, physical therapy, medication, hospital stays and another related medical treatment.
Mileage in South Carolina Workman's Comp
Injured employees are entitled to mileage to and from a doctor that is more than 10 miles round trip. If for some reason you are unable to drive then transportation may be provided instead of mileage.
Payment While out of Work for Workers' Comp Injury
If an employee has a back injury, shoulder injury or other work related injury and misses more than 7 days in a row from work, the employee may be entitled to temporary total disability benefits (TTD). On the 8th day, that payment should begin and it should pay you retroactively for the first week the employee was out of work.This pasement is based upon the employee's compensation rate (See Below).
Do Weekly Payments Stop if the Doctor Releases Me to Light Duty?
Sometime yes and sometimes no. If a doctor releases you to return to work and the employer can accomodate you at the same hours, same pay, etc. before the injury then the employer may be entitled to stop your benefit after 150 days of being paid benefits stopping benefits requires your consent through a Form 17 or a Commissioner ordering that the benefits may stop. If the employer cannot accompdate your work restrictions then you may be entitled to the insurance carrier making up the difference between your pre-injury pay and your current light duty pay.
What is a Compensation Rate and How is My Weekly Payment Determined?
Generally speaking, a compensation rate is 2/3 of your weekly income for the year preceding the injury not to exceed the maximum comp rate for the year of the injury. For more information, see our South Carolina Workers' Compensaiton Weekly Compensation Rate
Can I get a Second Opinion from Another Doctor?
A second opinion can be requested of the insurance carrier or employer. The current trend, from our practice in front of the South Carolina Workers' Compensation Commission, is that 2nd opinions are being fairly routinely granted. Sometimes it is necessary to file for a hearing to get this 2nd opinion.
How Does an Attorney Get Paid in a Workers Comp Claim?
Most attorneys for insurance carriers or employers are paid on a hourly basis. Attorneys that represent injured workers are paid through a contingency fee. A contingency fee is an agreement where the attorney will take a part of any award or settlement in exchange for doing the work up front and for no hourly charge. South Carolina Workers' Compensation Law limits an attorney's fee to 33.3% (1/3) of any recovery plus the hard costs that were paid in advance. Normally, if an award or settlement is not reached then there is no attorney fee.
Why Use an Attorney in Workers' Compensation Claims?
By law an insurance carrier/employer must have a professional attend a hearing or informal conference for yor claim which is either an insurance adjuster or an attorney that normally have extensive experience in a workers' compesation claims. Often, the injured worker comes from a profession that does not deal with the law on a regular basis and especially not workers' comp law. We see brick masons, manufacturers, nurses, salesperson, etc. The workers' compensation process can be overwhelming especially while you are recovering from a work related injury. Many people find that they would prefer someone handle their claim on their behalf while the injured employee focus on medical treatment, recovering from their injury and getting back to a normal life.
If you would like to speak with a Workers' Compensation Lawyer to discuss your workers' compensation claim, then Contact the law firm of Black, Black & Montgomery where we will meet with you at no charge to discuss your claim and your work injury. We practice all over the State of South Carolina with our primary focus in the upstate of South Carolina. (800) 681-1931.
