SC Workers' Comp FAQ

Permanent Impairment in South Carolina Workers' Compensation Claims

Permanent impairment is often confused with disability.  Impairment is assigned by a medical doctor. The doctor looks at a reference manual and determines what body part is hurt and based upon the type of work related injury, medical treatment received, what the appropriate impairment rating is that has been sustained by the injured employee.

Workers' Compensation Disability Determined by Commissioner or Settlement

When parties enter into settlement negotiations to get the injured worker a lump sum workers compensation benefit at the end of a claim, the attorneys use the impairment rating as part of that negotiation.  The same is true for when a claim goes to hearing before a workers' compensation commissioner.  The impairment rating is one factor taken into account to assign additional disability. Disability can be less, the same or more than the impairment rating.  The Commissioner will take into account permanent work restrictions, how the injury impacts the employee's job, whether the employee has returned to work, age of employee, education of employee, whether employee had hardware put in, and the number of surgeries or type of medical treatment, just to name a few.  A disability rating is then assigned and that can be partial (to one or several body parts) or in the event an employee cannot return to work then that could be total disability meaning to the whole person.

The disability rating is then used to calculate the amount of money owed to the injured employee also known as the claimant.

Discuss Your Case With a Workers Compensation Lawyer

Contact our office today for a free initial consultation about your workers' compensation claim. In Greenville, you can reach us by phone at 864-558-8297. In upstate South Carolina, call us toll free at 1-800-681-1931. You can also reach us via e-mail. There are no up-front attorney's fees. We are paid from any workers comp benefits we secure on your behalf. If we don't recover benefits for you, there is no attorney fee.

Texting and Driving Causes Trucking Accidents and Car Accidents

A study released by the Virginia Tech Transportation Institute found that truck drivers who texted while driving were 23 times more at risk of a trucking wreck or near accident event than those truckers not texting and driving. The same can be said for using a cell phone but to a lesser degree as drivers talking on a cell phone were 1.3 times more likley to be involved in a car accident or near car wreck event.  As reported by CNET and Jennifer Guevin, the study found that drivers who were texting and driving would remove their eyes from the road for an average of 4.6 second per text.  At a speed of a 55 miles per hour, that same driver would travel the length of a football field. 

Teenage Drivers Text More- May Cause More Car Accidents and Injuries

The average teenager sends over 3,300 per texts per month.  In a 30 day month that is 110 texts per day or roughly 5 texts every hour of every day.  By the sheer fact that teenagers spend a lot of time on the road in cars it is more likley than not that teenagers are at a higher risk for car accidents while texting while driving.  That is only text message stats and does not include reading Facebook, Facebook status updates, emails, dialing telephone calls entering in GPS addresses and yes even playing game on the phone.  

Yes, there's an app for that but it doesn't mean that you should use it while behind the wheel.

While it is not earth shattering news to learn that texting while driving causes car accidents. It is interesting to put data to just how distracted a driver is that is texting while driving.  

Contact a Car Accident Attorney or Trucking Accident Lawyer

If you or someone you know was hit by a driver that was texting and driving, on a cell phone while driving or simply being distracted driver, contact the law firm of Black, Black & Montgomey, LLC for your free car accident injury consultation.  (800) 681-1931 or (864) 558-8297

Hernia Lawyer, Greenville, South Carolina

A work related hernia is a when an organ bulges or protrudes from the wall of the cavity that contains it.  By far the most common hernia in workers' compensation results from an on the job lifting injury and results in a hernia in the abdomen or stomach area. Hernias are  usally accompanied by pain at the site of the injury, a bulge at the site of the hernia or often times a feeling of pressure in or around the hernia injury site.

Workers Comp Benefits for Hernia Injury

The South Carolina Workers' Compensation Act provides that an injured employee is entiteld to medical treatment and workers comp benefits for an on the job hernia if the following criteria is met:

• That there was an injury resulting in a hernia or rupture;
• That the hernia or rupture appeared suddenly;
• That it was accompanied by pain;
• That the hernia or rupture followed an accident such as a lifting injury;and
• That the hernia or rupture did not exist before the accident that the injured employee claims caused the hernia.

Most hernias are repaired with a prosthetic surgical mesh.  What is interesting in South Carolina workers' compensation law is that an employee is entitled to lifetime repair, replacement and maintenance of a "prosthetic device".  Hernia mesh is often overlooked as a prosthetic device but can often fail thereby requiring a repeat hernia surgery.  If this prosthetic device has not been considered in a workers compensation order, award, or settlement then you could be precluded from having your hernia repaired if the mush ruptures or fails.

Protect your Rights to Hernia Medical Treatment

Although hernias are viewed as a fairly minor injury, often times complications can arise- serious complications.  It is important to make sure that an on the job or workers compensation hernia is addressed right away before it worsens.

If you or someone you know has sustained a work related hernia, contact the law firm of Black, Black & Montgomery, LLC for a free initial consultation to dicuss the hernia benefits.  (800) 681-1931

In Workers' Compensation there are two type of claims: 1. admitted claims and 2. denied claims.  In an admitted workers' compensation claim, the employer carrier has agreed that the injury occurred and they are or should be providing medical treatment. In a denied case, the employer or insurance carrier has denied the claim alleging that the injury is not covered by the South Carolina Workers' Compensation Act.

Delaying Medical Treatment Can Impact Recovery

For the life of me, I cannot understand why in an admitted case, an employer or carrier would delay medical treatment.  Delaying medical treatment can increase the potential for an unsuccessfull result or a worsening of a medical condition.   For the most part, injured employees want to get back to work if at all possible.  With that in mind, they want to get the medical treatment they need and get back to work. 

Recently a client came to us and hired me because his treating doctor had recommended physical therapy for his workers compensation back injury but it had not been approved going on five (5) months. Now without the benefit of the required medical treatment, his condition has worsened and he is going to be seen by a neurosurgeon for potential surgery as the condition has worsened.  

What many employers and insurance carriers fail to recognize is that providing timely medical treatment only helps their bottom line as well. If an employee has a good recovery then they are out of work less time, move through medical treatment much quicker and the overall payout at the end of a claim could be less as the resulting disability may be less.  The employee is happy because they have been treated for their injury and the employer should be happy because they paid dollar for dollar less on the claim.

Timely Medical Better in Theory Than Practice

The theory of timely workers compensation medical treatment is much better in theory than practice.  Too often I see where someone has failed to authorize medical treatment for a rotator cuff shoulder injury only to have scar tissue build up and further harm the shoulder joint.  Many employers have insurance carriers that are out of state and adjusters that work several hundred files at any one time and so an injured employee may become just a number.

If you have been denied medical treatment or feel your medical treatment is moving slowly, please feel free to contact us for a free consultation to see if you are entitled to additional medical treatment.  (800) 681-1931.

Greenville, SC depression and anxiety lawyer

Depression, anxiety or other psychological injury can occur on the job or can arise out of another work related injury. Often times, mental injuries are overlooked because a physician is treating the particular locaiton of an injury and not the big picture as to how the pain, fatigue and other symptoms affects a person's psyche. Generally, mental injuries are considered work related if the injury arises out of physical injury or from unsual and extraordinary conditions of employment.

Workers' compensation recognizes two types of mental injuries

1. Mental - Mental Claims - This type of depression, anxierty or mental injury is a strictly mental injury without a physical injury as well. We often see this in the form of post traumatic stress disorder (PTSD). In order for this type of injury to be work related, it must arise out of extraordinary employment conditions. The normal work environment is not enough. We often see these type of injuries arising out of a robbery or attack, a horrific car accident, targeted harrassment by a supervisor and so on. These are just a few of the examples and each case is fact specific with the key compenent being unusual and extraordinary circumstances.

2. Physical - Mental Claims - When a person has a physical injury such as a back injury, neck injury or other work injury they can experience symptoms of pain and fatigue. Often this leads to an inability to work, provide for their family, or simply do the normal daily tasks we all take for granted. As a result of this, employees can begin to show signs of loss of appetite, increased fatigue, increased irritability, upset "nerves", short temper, and/or an overall feeling of worthlessness. This depression or anxiety arises out of or flows from the physical injury and could be covered under workers' compensation law in South Carolina.

Treatment for work-related depression, anxiety or post traumatic stress disorder (PTSD)

Because depression axiety and other psychological injuries are not physical injuries they can be overlooked when, if left untreated, can worsen to the point of in-patient treatment. If work related depression is found to be covered under workers compensation law, an injured employee may be able to receive medical treatment, psychological counseling, medication and ultimately financial compensation. It's best not to let any on the job injury go untreated.

For more information on depression, anxiety, post traumatic stress disorder or other mental injuries as a result of a job injury, car accident or other injury, please contact Black, Black & Montgomery, LLC for your free consultation at (800) 681-1931.