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Frequently Asked Questions
The following applies to South Carolina Workers’ Compensation Law.
I have successfully handled thousands of South Carolina workers’ compensation cases since August, 1996 — more than 26 years.
South Carolina law requires all employers who regularly employ 4 or more people (part or full time) to have workers’ compensation insurance coverage. (lf the employer has less than four employees, the employer can also choose to have workers’ compensation insurance coverage, but it’s not required.) If your job did not have insurance coverage (and was supposed to have it), you can still file a claim. If the law did not require your job to have insurance coverage and your job did not have it, you may be able to sue your job, directly, depending on the facts of your case.
You can certainly have a workers’ compensation claim without a lawyer, but workers’ compensation insurance adjusters and insurance lawyers know about ALL of the benefits you are entitled to receive, by law, and they are not required to tell you about them. Getting hurt at work is a bad experience. Don’t make it worse by failing to pursue everything the law allows you to pursue. Call us for a free, no obligation consultation!
We give you honest information about your claim — its strengths and its weaknesses. We are extremely detail-oriented, and we handle workers’ compensation claims because we love and believe in our work! We educate you about the workers’ compensation system so that you can make the choices that are best for you under all the circumstances. We give you peace of mind through the process and help you navigate your claim so that you have no regrets.
We work Monday through Friday from (at least) 9 a.m. to 5 p.m. and are frequently available on nights and weekends. If you’re in the hospital, we can visit you there, too!
Bring any paperwork you have that is associated with your work injury: medical records, pay stubs from your current job(s), a friend or family member (if you wish), and your questions. The more information we have at our first meeting, the more questions we can answer for you.
You can still have a workers’ compensation claim.
Generally speaking, a workers’ compensation claim provides two types of benefits: money benefits and medical benefits.
Between the day you get hurt and the day you reach Maximum Medical Improvement, the insurance company pays weekly checks to you for missing work (because of your work injury), at ALL jobs you had at the time of your work injury.
When you reach Maximum Medical Improvement, the insurance company pays money to compensate you for any permanent injury.
Between the day you get hurt and the day you reach Maximum Medical Improvement, the insurance company pays 100% of the medical costs related to your work accident. If, after you reach Maximum Medical Improvement, you require medical care + benefits to maintain Maximum Medical Improvement, the insurance company should pay 100% of your continuing costs. South Carolina law allows the insurance company to choose the doctors, if the workers’ compensation insurance company accepts and pays for your claim.
In order to preserve your right to pursue a claim, you must
–report a job injury to a supervisor within 90 days of the date you knew or should have known it occurred; and
–file a claim with the South Carolina Workers’ Compensation Commission within two years of the date of your injury.
In certain circumstances, an injured worker may have both a workers’ compensation claim AND a personal injury claim. (One example is when someone is injured in a car wreck, while working.) It’s possible for an injured worker to file both claims; however, certain laws apply and, failure to abide by those laws may prevent the claims from being successful.
In certain circumstances, an injured worker may file both a workers’ compensation claim and an SSDI claim; however, the Social Security Administration will likely be entitled to a credit for the amount of money paid by the workers’ compensation insurance, and it’s also necessary to consider Medicare’s potential interests associated with the workers’ compensation claim.
You do not have to pay any money up front, and we do not bill you.
Workers’ compensation lawyers get paid
- 1/3 of what they collect for you in back wages, if the insurance company owes back wages to you & fights paying them; and
- 1/3 of the amount the of settlement or award money at the end of the case
We also advance the costs associated with your case (medical records, deposition charges, filing fees, etc.), and you reimburse those costs to us what from we collect for you, after we deduct the attorney’s fee.