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Workers’ Compensation

 

 

The Mike Kelly Law Group understand that you probably have many questions about workers’ compensation laws, and are likely in a stressful and confusing 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 determination that must be made is whether, under the law, you suffered an injury that can be claimed under workers’ compensation.  Generally, injuries that can be claimed are those suffered not only on the job, but also directly related to the performance of job-related tasks.  However, there needs to be a real connection between the accident that caused your present condition and the scope of duties of your employment.

 

Here are the major types of claims and injuries that fall under workers’ 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, workers’ compensation laws also have certain injuries or claims that are not covered called preclusions.  Any injury sustained outside of work, or outside the scope of your duties at work, would definitely fall under preclusion.  However, in some cases a certain amount of proof and further inquiry can establish that an injury is job-related—even if it may not immediately appear to be.

 

An example of preclusions would be injuries that are the result of repeat or cumulative trauma and not an immediate accident, such as carpal tunnel syndrome, or some type of mental or psychiatric condition.  These are not easily proven, but the Mike Kelly Law Group can help determine if you have a case.

 

Workers’ Compensation Lawyers in South Carolina

 

South Carolina law requires that most employers, with few exceptions, who have more than four full-time employees have workers’ compensation insurance. Workers’ compensation laws not only protect employees, but also protect employers from fraud and other abuses of the system. Depending on the details of your situation, you will need to follow certain guidelines and present evidence to prove your case.  Some basic concepts of workers’ compensation include:

 

  • Providing reasonable income and medical benefits to work-related accident victims, regardless of fault, without delay
  • Encouraging maximum employer interest in safety and rehabilitation, such as training and regular maintenance, to name a few

 

Workers compensation laws can be complex and tedious, which is why it is important to seek representation from an experienced workers’ compensation lawyer like those at the Mike Kelly Law Group.

 

Possible Benefits for Workers in South Carolina

 

Our experienced workers’ compensation attorneys in Columbia, Myrtle Beach, and Winnsboro can help you secure the maximum benefits under the laws of South Carolina. Money for medical bills is only the beginning.  Depending on circumstances, it may be possible to receive any of the following:

 

  • Compensation for medical bills
  • Rehabilitation benefits
  • Temporary total disability benefits
  • Permanent partial disability benefits
  • Death benefits for surviving family members

 

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 limited to 100% of the average weekly wage as established each year by the state.  Should your total disability exceed a 14-day period, then you are eligible from the date of the accident. If you 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.

 

South Carolina workers’ compensation law is a highly intricate system of mathematical calculations and statistical computations. The Mike Kelly Law Group is ready and able to see that you get the maximum compensation law allows. Remember, awards are usually made in terms of the number of weeks of compensation to which you, the employee, are entitled based on the extent of the disabling injury.

 

To get the compensation you deserve, you need to understand that the initial reporting of the accident/injury is critical.  If you delay reporting the incident, you may jeopardize the payment of medical fees and other compensation you may be entitled to under the law.  Under no circumstance should you wait more than 90 days to report an incident to your supervisor and, after that, you have up to two years to file a claim.  Don’t let time cause a loss in your claim. 

 

If you or your loved one needs legal assistance with a workers’ compensation matter, we can help. Find out exactly what your rights are by contacting The Mike Kelly Law Group for a confidential, no-cost consultation at 866-959-4341 or complete our contact form.

Workers’ Compensation Is Complicated.

Click these links for more information.

 

Filing a Worker's Compensation Claim

Worker's Compensation Laws in South Carolina

The Worker's Compensation Settlement Process



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