It isn’t uncommon for employees to sustain injuries while working for their employers. Sometimes disputes arise as to whether an employer is financially responsible for covering the injury, to include medical expenses, missed work, and permanent disability.
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The law of Worker’s Compensation has increasingly become more complex. What used to be a simple idea that all work-related injuries were to be compensated, has turned into a maze of debates and developments in the law on what constitutes a work-related injury; what falls within exceptions to compensation; and what things can be considered compensable.
The South Carolina Worker’s Compensation Act defines work-related injuries, and it sets forth a series of guidelines to determine how to provide compensation for injuries. As a simple summary, the Act establishes:
(A) The form and amount of temporary compensation for an injured employee while the employee is unable to work;
(B) The manner in which an employee can obtain free medical care, with no insurance deductibles or co-pays; and
(C) The form and amount of any money award that an employee may receive.
There can be numerous difficulties faced by an injured employee who seeks assistance from Worker’s Compensation:
(A) Sometimes employers wrongfully intimidate or encourage employees not to pursue a Worker’s Compensation claim;
(B) Sometimes the employer and/or the insurance carrier try to fight the claim by saying that it is not compensable for a number of different reasons, or they may try to stall and delay action on the claim;
(C) Sometimes there are disputes on the amount of compensation that an injured employee is entitled to receive;
(D) Sometimes disputes arise as to whether an injured employee has followed some of the technical requirements of the Worker’s Compensation Act to allow for compensation; and
(E) Quite often, disputes arise as to the extent and degree to which an employee has been injured.
It is not uncommon for injured employees to be told that they do not need a lawyer. If you are ever told this, you should consider the source: Is this your employer? Is it the insurance carrier (adjuster)? Is it the treating physician who was hired by the insurance carrier?
It is strongly advised that injured employees have attorneys to represent them to enable them to be properly compensated. Our firm has been representing clients in the upstate for decades. Our experience and strategies have proven beneficial for many clients who have been injured on the job. We know what it takes to get through the challenges of a Worker’s Compensation claim.
If you have been injured while working for your employer in Spartanburg, South Carolina, contact us to see if we can help you through the challenges of your Worker’s Compensation claim, so that you can get the care that you need, and you can receive the compensation to which you are entitled.
What is the meaning of Workers' Compensation?
Workers' compensation is a unique, statutory-based system. Often called “workers' comp,” this system helps employees get specific benefits for medical expenses and lost wages due to a work-related injury. In doing so, they must also renounce their right to sue their employer for negligence. This field of law is separate from traditional tort litigation and lacks the need to prove culpability. This can simplify the process for the hurt worker. The legal framework is composed of state-specific laws, such as the
South Carolina Workers' Compensation Act. Key legal issues include determining if an injury was caused by or contributed to by employment, the average weekly wage, and denied claims. Disagreements often emerge regarding the degree of the injury, the necessity of medical attention, or the employee's ability to return to their job. The procedure is conducted by a state agency, and the decisions are subject to administrative review.
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Academic Resource:The South Carolina Workers' Compensation Commission provides a comprehensive FAQ section for injured workers and outlines the specific legal process in the state. SC Workers' Compensation Commission FAQs
An injury while on the job can be both challenging and frustrating. At Burts Turner & Rhodes Attorneys at Law in Spartanburg, we are committed to assisting injured workers with the complexities of the workers' compensation system. We understand that your employer and their insurance company may attempt to deny your request or reduce your benefits. Our workers' compensation attorneys will advocate for your rights to ensure you receive the medical care and financial assistance you are entitled to. We have a broad spectrum of workplace injury cases we deal with, including those that occur during construction, industrial sites, or stress injuries.
