What if my Employer is Uninsured?
In SC the Worker's Compensation Commission only has jurisdiction over employers who have or should have had WC insurance. The statute on point explains, the Commission lacks jurisdiction over a “person who has regularly employed in service less than four employees in the same business within the state.” S.C. Code Ann....
Brailey v. Michelin N.A. Inc. – SC Supreme Court 2024 (Workers’ Compensation Decision)
Procedural History: Isaac D. Brailey, the claimant, filed for workers' compensation benefits against Michel-in North America, Inc. The South Carolina Workers' Compensation Commission denied Brailey's claim on four grounds. (1) Michelin proved the "fraud in the...
The affirmative defense of “Willful Intent”
There are four statutory affirmative defenses to a WC claim in SC-intoxication, statute of limitations, notice and willful intention. We examined "Notice" in the last newsletter. This issue we will explore the state of the law as it relates to the affirmative defense of “willful intention.” To perfect this defense, Defendants have...
Decision on Repetitive Motion: Brooks v. Benore Logistics Systems, Inc., Opinion No. 5891 (Jan. 2022)
Brooks began working as a "switcher" truck driver for Benore in June 2016. As a switcher, he was required to hook and unhook trailers to a cab up to 45-60 times during a 12-hour shift. The process...
Workers’ Compensation and Surveillance
If the carrier suspects that your injuries are not as serious as you reported to the doctor, they may assign a private investigator to observe your day-to-day activities. Surveillance can take place anywhere including your home or work. It often takes place at medical visits...
Workers’ Compensation Weekly Benefits (TTD)
If your doctor imposes work restrictions your employer cannot accommodate, then you will be entitled to weekly workers' compensation TTD benefit from the carrier, if your claim is admitted. Typically, these restrictions must be imposed by the doctor authorized by the...
What if I did not immediately tell my employer about my accident?
Yes. Before I write any further, injured workers should always tell their employers as soon as possible about an on-the-job injury! https://www.kphippslaw.com/i-have-been-injured-on-the-job-what-should-i-do-next/ Having said that what if you did not immediately report a claim to your employer?, In South Carolina, employees have 90 days from the date the accident occurred to...
Injured at work? What to do next…
First steps after an injury occurs:
Report your accident to your supervisor or someone in HR as soon as it occurs. If your accident is the result of repetitive motion, report it as soon as you have any reason to believe it was caused by your duties....Can I afford an attorney in my Workers’ Compensation Claim?
Yes. Unlike other practice areas, your workers compensation attorney will not receive payment until you get a lump sum payment. That means you will not be charged an hourly rate or an up- front retainer. Instead, your attorney is paid on a commission fee basis. Thus, only after the claim is settled,...
Can the carrier communicate with my doctor?
Yes, as long they follow very specific rules. When you have an admitted claim, the carrier is covering your medical expenses. https://www.kphippslaw.com/medical-treatment-in-a-wc-claim-in-sc/ In these circumstances, the adjuster or Nurse Case Manager can communicate with your doctors in person, via phone or in writing, as long as they copy you on...