Worker’s Compensation

Although worker’s compensation is the exclusive remedy against an injured worker’s employer, there are some cases in which the injured worker can also pursue a claim against the at-fault.  This means that the injured worker may be able to pursue a recovery from both workers’ compensation and the at-fault third party.  There is some overlap in the benefits that an injured worker can collect from workers’ compensation and the at-fault, which means that the injured worker may recover twice for the same injury.  To prevent this from happening, the South Carolina Workers’ Compensation Act provides that the workers’ compensation provider has a right of “subrogation” and get paid back for the benefits it paid from any liability recovery from the at-fault third party. What is subrogation in Workers’ Compensation? How does the right to recovery work in these situations? Let’s take a closer look.

Crystal Reynolds Fisher’s 18-year-old son became sick with a fever, ending up on life support as he deteriorated rapidly. Crystal, who works at a gas station in her local Albion, Michigan community, texted her boss to let her know that she would need to take time off work in order to be close to her son during his recovery. Dawn’s response was chilling: “If you can’t come to work, that’s you quitting.” Crystal posted the text conversation on her personal Facebook page, where it quickly began to spread and eventually appeared on national news organization websites detailing Crystal’s situation. In the case of Ms. Fisher, the company she works for terminated the employment of the manager after her story made national news and granted her medical leave as needed.  But… what if you don’t have a story that ‘goes viral’, attracting national attention and putting pressure on a company to […]

For employees who become injured or even ill due to workplace events or conditions, Workers’ Compensation can be the bridge they need to get from the initial injury to total recovery without losing the ability to make ends meet. While most employees have heard of Workers’ Comp during employee orientation or special safety presentations, there’s a lot of that isn’t widely understood. Workers’ Compensation insurance, which accounts for nearly 1.6% of employer spending overall (according to this report from the Center for Construction Research and Training), is a complex program that many day-to-day employees don’t know much about. We thought we’d take today to answer a few frequently asked questions about Workers’ Compensation in South Carolina.

The shift to highly-automated workplaces and overall wage stagnation has been leading more and more individuals to choose freelance work as a primary or secondary job. Since Uber and related companies classify their drivers as “independent contractors” and not traditional employees, they offer a measure of freedom (drivers choose their own hours and have some control over how much income they bring in), but also some very big risks. The biggest risk to South Carolina Uber drivers?   Jobs that involve driving professionally also involve a heightened potential for vehicle collisions that could cause injuries, automobile damage, or worse and as independent contractors, Uber drivers may not be covered by state workers’ compensation laws. 

Although it too often goes unrecognized, noise-induced hearing loss is a fairly common health problem in the United States. People who report excellent hearing often test positive for hearing damage, and work exposure to loud noise increases the possibility of noise-induced hearing loss with time. If you’ve been exposed to dangerously loud noises and have suffered from hearing damage as a result of workplace conditions, you may be wondering if you’re eligible for Workers’ Compensation to help cover the costs associated with your partial or total workplace-related hearing loss. Let’s take a look.

Filing for Workers’ Compensation after an on-the-job injury or workplace-related illness can be complex and stressful. Not only must you adjust to the medical condition, but you may have to manage conflicting interests with your employer. Put simply, your employer and their insurance carrier may define a “satisfactory conclusion” differently from what you consider satisfactory. Therefore, any time you receive the suggestion to settle, you need to ask yourself the following question: Which is more beneficial for me: settling my Workers’ Compensation case or having the matter decided by the Workers’ Compensation Commission?

The simple truth is that most of us spend half or even most of our waking hours in the workplace. No matter what your occupation, potential exposure to harmful chemicals could leave you sickened, unable to work, and fighting to gain access to the Workers’ Compensation you are due. Today, we’ll take a look through occupational exposure to harmful chemicals and what steps to take to protect yourself in the event of illness or injury.

Last week, we took a look at how Workers Compensation claims can affect other government benefits, such as Social Security Disability (or SSDI), Medicare, and more. One thing we just touched on in that post was how your access to and benefits from Medicare can be affected. Today, we’ll go a little more in-depth and answer the question, “What happens to my Medicare if I settle my Workers Compensation claim?”