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Workers’ Compensation in South Carolina

 

Workers’ compensation law protects the employee and the employer. However, where there is any doubt, the law favors the employee. It is a crucial area of law as it is often the only means of finance for a family should their loved one no longer be able to work due to an injury or illness that occurred as a direct result of doing their job.

 

In return for not suing, the employer settles upon compensating the employee. Ultimately, the employee receives money and the employer receives immunity. No fault is placed on either party, and so rather than litigation it’s a form of negotiations.

 

What should I do if I’m hurt or sick as a result of my job?

The first thing is to tell your supervisor about your injury or illness. The supervisor will follow the chain of command within the company. An insurance claim will be filed and the claims adjuster will handle the workers’ compensation claim.

 

 

After notifying your supervisor, you should hire an attorney who specializes in workers’ compensation cases. The process is complex and you will need a professional to help you. Your lawyer will deal with your employer, the adjuster, the workers’ compensation board, and all the forms and medical records.

 

Workers’ Compensation vs. Personal Injury

 

People often get these two areas of law confused, believing there is very little difference, when in fact there is a great difference. Workers’ compensation applies to workers and is a no fault rule, whereas personal injury is based on fault. Thus workers’ compensation matters are  settled through negotiation while personal injury matters are often settled through litigation.

 

Why the difference? Because it must be proven that the party in fact legally is guilty of injuring the other party. Another difference is in the benefits or actual award obtained. When dealing with workers’ compensation, the benefits are for medical expenses, disability pay and retraining as needed. When dealing with personal injury, the award is in many cases unlimited and much harder to get as greater proof is required.

 

The costs of a workers’ compensation case are vastly different as well. Personal injury cases can continually drain money with no end in sight—sometimes taking years. It can take that long because one does not require proof of fault and is handled by a board; while the other, requires a great deal of proof of fault and is determined by a jury, and the end result can go either way.

 

Where should I go for a workers’ compensation lawyer in South Carolina?

 

There are two types of workers’ compensation lawyers, those that represent employers (companies) and those that represent employees. The Mike Kelly Law Group has decades of law experience representing employees in workers’ compensation matters. We know South Carolina’s workers’ compensation system, and use this knowledge to facilitate an easy resolution for you.

 

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 no-cost consultation at 866-959-4341 or complete our contact form.