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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
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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.
How
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?
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Accidents
During Work |
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Occupational
Diseases |
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Mental Stress
(i.e. Nervous Breakdowns) |
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Hernia |
What Benefits
Are Available to an Injured Worker?
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Weekly
Income Benefits While Unable To Work
(Usually About 2/3 of the Worker's Average
Weekly Wage) |
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Payment
of Medical Bills and Therapy |
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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 surgical,
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.
What
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.
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D.
Dusty Rhoades
Attorney at Law
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P.O.
Box 80477
Charleston, SC 29416
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1876
Raoul Wallenberg Blvd.
Charleston, SC 29407
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