Workers Compensation Claims
Types of Injuries or Illnesses
At The Mike Kelly Law Group we understand that you have many questions regarding workers compensation. We also understand that you are distressed and apprehensive about your situation. Rest assured that we are here to advise you, get you through the legal maze and make sure you receive all the benefits owed to you under the law for your work related injuries.
The first real question is whether, under the law, you have suffered an injury that can be claimed under workers compensation. Generally, such job related injuries are those suffered not only while on the job, but having been caused directly by doing that job.
Bottom line, there needs to be a real connection between the accident that caused your present condition and the scope of duties of your employment.
Here’s a review of the major types of claims and injuries that fall under worker’s compensation:
- Asbestos exposure and other job-related diseases
- Various bodily injuries
- Burns and injuries suffered in fires and explosions
- Carpal tunnel syndrome and repetitive trauma injuries
- Reflex sympathetic dystrophy (RSD)
- Complex regional pain syndrome (CRPS)
- Chemical burns and toxic chemical exposure
- Disfigurement and scarring
- Work-related emotional and psychiatric issues
- Eye injuries and hearing problems
- Work-induced heart attacks and work-induced strokes
In South Carolina, Columbia workers compensation laws also have prelusions from claims as well. Any injury sustained outside of work, or outside the scope of your duties at work would definitely fall under preclusion. However, if looked into further and proofs established then it maybe no longer precluded. Injuries like these are a result of repeat or cumulative trauma, and not an immediate accident. An example is carpal tunnel syndrome, or some type of mental or psychiatric condition. These are not easily proven, but our attorneys can help guide you.
Workers Compensation and Legal Services in South Carolina
Before walking through the various steps of processing a claim, you’ll first need to understand the basics about workers compensation laws in South Carolina. The law requires that most employers, with few exceptions, who have more than four full time employees, have workers compensation insurance. The benefits would be outlined in these policies.
Workers compensation laws not only protect employees but also protect employers from fraud and other issues. In either case, in today’s times, legal representation for real negotiations requires someone with experience. The laws are complex and tedious.
Some basic concepts of workers comp:
- Provide reasonable income and medical benefits to work-related accident victims, regardless of fault, without delay.
- Keep personal injury litigation and costs down to a minimum by providing a clear, quick and reasonable remedy.
- Encourage maximum employer interest in safety, and rehabilitation, such as training and regular maintenance to name a few.
The rules vary state by state and the outcomes can sometimes be unfair to the sick and injured. Like all other areas of law, workers comp is highly complex. Our injury attorneys practice this type of law every day, and are here to help you.
Possible Benefits for Workers in South Carolina
Our attorneys help workers get their benefits under the laws of South Carolina. Money for medical bills is only the beginning. It is possible to receive:
- Money for medical bills
- Rehabilitation benefits
- Temporary total disability benefits
- Permanent partial disability benefits
- Death benefits for surviving family members
Our attorneys have the experience to secure the maximum benefits for you. Our attorneys also understand the process of filing your workers compensation claim, which you can read more about on our "filing a claim" page.
According to South Carolina Employment Security Commission, if you are injured and unable to work for more than seven days, you are eligible to be compensated at a rate of 67% of your average weekly wage. You are also limited to 100% of the State’s average weekly wage as established each year. Should your total disability exceed a 14 day period, then you are eligible from the date of the accident. If you have suffered total disability, or your family is survived by your death, then you or your family may be able to receive compensation for 500 weeks.
It is a highly intricate system of mathematical calculations and statistical computations, but The Mike Kelly Law Group is ready and able to see to it you get the maximum compensation that the law will allow. Remember, awards are usually made in terms of the number of weeks of compensation to which you, the employee, is entitled based on the extent of the disabling injury.
More Information
For more information on the worker's compensation process, you can review the following pages:
Filing a Worker's Compensation Claim
Worker's Compensation Laws in South Carolina
The Worker's Compensation Settlement Process
