I was injured in an accident on the job. Why am I not getting benefits?
There are two possible reasons you are not receiving medical and indemnity benefits after an on-the-job accident. First, the carrier's insurance adjuster may just not have gotten around to your claim yet. Unfortunately, this situation happens far too often to injured workers. WC insurance adjusters handle hundreds of files every year, so...
Notice of a carpel tunnel or repetitive injury claim in South Carolina:
Section 42-15-20(C) of the S.C. Code Ann. explains when notice must be given when an employee suffers a repetitive injury. https://law.justia.com/codes/south-carolina/title-42/chapter-15/section-42-15-20/ These injuries can be compensable, but they occur over time rather than as the result of trauma. In other words, they have a “gradual onset caused by the cumulative effect of repetitive...
Can I receive benefits in SC, if I have a preexisting condition?
Yes. You are entitled to Workers' Compensation benefits in SC if you have a preexisting condition IF a doctor states, “to a reasonable degree of medical certainty” your preexisting condition was aggravated or exacerbated by your accident. S.C. Code Ann. 42-9-35 https://law.justia.com/codes/south-carolina/title-42/chapter-9/section-42-9-35/. It important to always be honest about your medical history with your...
When Partial Wage Benefits are owed:
There are circumstances when an employee will be owed partial wage benefits, even after returning to work post-accident. These benefits are all called Temporary Partial Disability (TPD) benefits. They continue as long as an injured worker is not making as much weekly as they were prior to the accident. https://law.justia.com/codes/south-carolina/2005/67/c067.html#67-504
Mediation in a WC claim in South Carolina
Mediation is meeting between all parties to a claim to discuss its value with an unbiased third party known as a certified mediator. The goal of every mediation in a WC claim is to settle the claim before a formal hearing before the Commission. Mediation is mandatory in some SC claims and...
What percentage of my WC medical bills are paid?
If you have an admitted on the job injury in SC, the insurance carrier should pay for 100% of your associated medical treatment in...
Do you need an attorney for your Workers’ Compensation claim?
Honestly, in South Carolina you should not need an attorney for your workers' compensation claim. In South Carolina, the Workers' Compensation system is set up to provide coverage for injured employees in an efficient manner. It is no fault system, meaning even if your accident happened partially or totally because of your...