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Worker's Compensationxp key cod

Worker's compensation law varies from state to state, sometimes drastically. The following information applies to injuries for which the worker's compensation laws of South Carolina apply. All the law in a few paragraphs! Paul will be glad to answer any other questions about worker's compensation, and help you with any problems if you live anywhere in South Carolina. Please call us at 1 800 775 3985, or in Greenville at 235 2350, or Spartanburg at 582 7882 or perhaps E-Mail Paul.

To what injuries does Worker's Compensation apply? To injuries and occupational diseases arising out of and in the course of your employment with an employee who has 4 or more employees, provided that certain special defenses, such as intoxication, do not apply.

Everyone notices their accidents, but many people do not realize that there are many chronic, disabling problems are caused by repetitive trauma or toxic agents at work. Are a lot of people at work coming down with the same malady? See if you can get the material data safety sheets on the substances at work that seem to be causing problems. If you cannot, why is the employer making them difficult to get? If you can identify the product causing the problem, I can find out all its toxic effects without getting your employer involved.

If your injury or occupational disease is covered by worker's compensation, what do you get? Three things: 1)Medical treatment at a doctor of your employer's choice. 2)Around two thirds of your wages during the time that the doctor says you cannot perform whatever work your employer offers you. 3)Some amount, often small, sometimes a little larger, for your residual impairment once you have healed as much as you are going to.

Are there any deadlines? Yes. You must give your employer notice of the accident, and notice that it was work connected, within 90 days of the date you knew about it yourself, or should have known with reasonable investigation. The notice need not be in writing, but you must be able to prove you gave it. Be prepared for the management of your company and most current employees to have strangely poor memory about what you told them.

You also must file a claim within 2 years. Within two years of what? That can be complicated, but if you file a claim within two years of an accident, or within two years of the date you had the first inkling that you had a condition that is covered by worker's compensation, you will probably be safe. For more details, you must talk to an attorney.

How do you file a claim and give notice? You can take a chance you are doing it right, but it is best to let an attorney help you. We will often help you prepare a notice or claim for you to deliver, if you don't want your employer to know an attorney is involved.

Should I hire an attorney? Perhaps. You might not need an attorney if the injury is minor or if you have documents from the employer proving that he had notice, and if you are getting all of the treatment and benefits you should get, and if you are satisfied that there will be little or no residual impairment.

On the other hand, if at any point you are not getting these things, you should at least talk to an attorney. If you are concerned about your relationship with your employer, we will talk confidentially and give advice only, which will often be sufficient to enable you to get help. If that doesn't work, and the income or health necessary to provide for your children is at stake, you sometimes have no choice but to hire an attorney and ask for a hearing.

If you are sure that your relationship with that employer is at an end, or if you are fortunate enough to work for an enlightened employer, you need not be concerned with their feelings, and can file a claim immediately.

There are laws that are supposed to protect the disabled, including worker's compensation claimants, but they don't work all that well. Many employers set about to discharge employees they injure as soon as they can get away with it. Some don't. Once you are able to work, come in early, stay late, work hard, and don't give them an excuse to fire you.

What does a lawyer charge? This varies a lot. We charge nothing to talk to someone with a worker's compensation claim.

Where the employer refuses to pay you anything, we charge 20 to 33% of the disputed back temporary total and of the residual award. We do not ask for any part of the weekly checks after the award.

Where the employer agrees to pay your weekly check at first, but problems develop later, or where you do not think he is offering enough of a residual award, we will often charge a percentage of the disputed part of the residual award. You should not pay an attorney to help you get what you would have gotten on your own.

Paul will be glad to sit down and talk to you about your South Carolina worker's oompensation problems, wherever you live in South Carolina. Please call us at 1 800 775 3985, or in Greenville at 2352350, or in Spartanburg at 582 7882, or perhaps e-mail Paul.

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