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Workers' Compensation Job Injury Claims

Private and State Government Employment

Nurses • Clerks • Teachers • Executives • Carpenters

Secretaries • Factory Workers • Employees of All Types

Many people don't know what they may be entitled to if they are hurt on the job. We do, and we handle many cases. Don't wait to find out your options until after the claim is over.

What Is Workers' Compensation?
Workers' Compensation in South Carolina is a system created and regulated by state law. This law requires most employers to obtain insurance or to be responsibly self-insured for purposes of providing benefits to employees injured at work. Benefits may include payment of medical bills, lost wages, and awards for permanent disability and scarring. (Workers' Compensation also covers treatment for occupational diseases if caused by condition of employment.)

Dependents of employees, who die, as a result of work-related accidents or occupational diseases, may be eligible for benefits.

d. dusty rhoades - attorney at lawHow To Report an On-the-Job Injury
Report all injuries at work to your employer immediately and request medical treatment, if needed. Failure to give notice to your employer within 90 days after an accident may deprive you of the right to compensation. You must file your claim for benefits within two years after the accident or benefits may no longer be available. In the event of accidental death the worker's dependents, or parents if there are no dependents, must file a claim within two years of the date of the death.

What Injuries Does It Cover?

Accidents During Work
Occupational Diseases
Mental Stress (i.e. Nervous Breakdowns)
Hernia


What Benefits Are Available to an Injured Worker?

Weekly Income Benefits While Unable To Work
(Usually About 2/3 of the Worker's Average Weekly Wage)
Payment of Medical Bills and Therapy
Permanent Disability Money Payments
(Based on Bodily Loss of Use or Reduced Earning Capacity in Some Cases)


The claim should be carefully evaluated as to what body parts are disabled not only when the injury first occurs, but when permanency is determined. This is especially important when there is permanent injury to more than one body part, mental injuries, or body parts not listed in the law. Reduced earning capacity may have much effect on the claim. Proper consideration may affect the claim entitlement by tens of thousands of dollars. Knowing the difference is important.

Medical Treatment
Claimants are entitled to all necessary medical treatment, which tends to lessen the period of disability (improve the medical condition), including d. dusty rhoades - attorney at lawsurgical, hospitalization, medical supplies, prosthetic devices, and reimbursement for prescriptions. You must go to the doctor chosen by your employer or its insurance representative. Expenses incurred for traveling more than five miles from your home for medical treatment are to be reimbursed by the employer's insurance representative. What option does the claimant have if the doctor appears to evaluate the claim incompetently or only in favor of the insurance company? If the Commissioner does not order the employer/insurance carrier to pay for another doctor, then the claimant may have to pay for the evaluation or treatment requested. The claimant must accept non-dangerous or "non-risky" medical treatment offered by the employer/carrier or all benefits may be suspended.

d. dusty rhoades - attorney at lawWhat if the Doctor Releases Me to Light Duty?
You must accept light duty if it's offered. If you do not accept, all compensation may cease as long as you refuse to return to work. You have a right to a hearing if you believe that you are not able to do the work assigned to you. If you return to light work before you are finally dismissed by the doctor at a wage less than you were earning at the time of your original injury, you are entitled to weekly compensation at the rate of sixty six and two-thirds (66 2/3%) percent of the difference between your average weekly wage and your new wage.

Don't Find Out Your Options After the Claim Is Over
Get a free consultation with us to review the claim and find out if we can make a difference. Cases are accepted for fee payment out of funds collected. Don't find out your opinions after the claim is over.

Call for Information on Our Free Seminars on Workers' Compensation
Next Seminar:
May 16, 2001
Location: 1876 Raoul Wallenberg Blvd., Charleston

Time: 7:00 p.m. - 9:00 p.m.


D. Dusty Rhoades
Attorney at Law
P.O. Box 80477
Charleston, SC 29416
1876 Raoul Wallenberg Blvd.
Charleston, SC 29407
(843) 556-8000 • Fax:  (843) 556-4091
E-Mail Us at:  drd1414@aol.com

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