Worker’s Compensation

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?”

Workers Compensation can be granted for any number of workplace-related injuries or illnesses caused by the workplace environment, including slips and falls, mental injuries, and more. Previously, we’ve answered Workers Compensation question like: How Much is My Workers Compensation Case Worth? My Employer Denied My Workers Compensation Claim. Can I Take Them to Court? What is the Role of Supervisors in Workers Compensation? Many workers who receive Workers Compensation may do so while receiving other benefits like SSDI or Medicare, and this grows more common as the average age of the American employee rises. Does Workers Compensation affect Medicare or other government benefits? Let’s take a look.

Although work environments are much safer than in years past, work injuries still happen. Approximately 35,000 claims are filed each year in South Carolina for work related injuries or illnesses. South Carolina’s Workers Compensation law can cover the costs of medical care and provided compensation for time off work required for recovery after an on-the-job illness or injury.  Additionally, if the injury results in permanent disability, you may also be entitled to additional benefits for that disability If your workers compensation claim was denied, you may be wondering what to do next. Should you take your boss or company to court to attempt to recover the costs of medical care and time spent off work? Today, we’ll walk through the basics of why a claim might be denied, and what steps you should take to ensure your individual rights are respected.

Most conversations about Workers’ Compensation — and our previous posts on the subject, from our series on the basics you need to know to more recent posts exploring traumatic brain injury, the possible worth of a Workers Comp case, and even the definition of mental injuries in the workplace — have focused on the individual employee who has been injured or made ill due to workplace events or conditions. What we haven’t explored very deeply before is the role of a supervisor or manager in these situations. We’d like to take some time today to look at the role of supervisors or management when it comes to workplace injuries and illnesses. Supervisors and managers are employees, too, and their special responsibility both represents the workplace itself, but also affects the injured or ill employee. Are you a supervisor or manager concerned about possible legal issues if a direct or indirect […]

There’s no easy answer for this question. Every workers’ compensation claim is different. Claim values vary by factors like the the position of the worker, a worker’s salary, the type of accident, and more. In short, there is no one answer. However, this isn’t to say that a qualified and experienced attorney can’t at least formulate a projection as to what sort of payout you may be eligible for when you decide to sue for worker’s compensation. What sort of information will you have to provide in such a scenario? How can you calculate anticipated value for your case? What are you likely to walk away with when all is said and done? Here are a few things you’ll need to know to figure out what your worker’s compensation case might be worth.

Workers’ Compensation cases most often come about as a result of a physical injury such as a construction worker being injured by falling materials, someone slipping and falling on a wet floor with no cautionary sign nearby, or a back injury after lifting something too heavy. There is a another category of injury, however, that is less talked-about when it comes to Workers’ Compensation cases… psychological (or ‘mental’) injury.

Part I Part II Part III Part IV Part V Throughout our series on Workers’ Compensation, we’ve answered questions about the history of the WC program in South Carolina, the differences between total and partial disability, occupational diseases or health conditions not usually considered “injuries”, and how claims are filed and decisions may be made. In our final post in this series, we’re going to take a look at the one topic we haven’t yet touched — settlements. The two primary methods of settlement are a Form 16 or what is known as a “clincher agreement.”