(864) 585-5100 Workers’ compensation laws are in place specifically to protect workers who have been injured on the job. South Carolina has laws designed to provide injured workers with medical benefits and funds while healing from their injuries or illnesses. In most instances, as an injured worker, you are also entitled to a final money award and often to ongoing medical benefits in the future.
However, it’s not always easy to get these benefits. In many cases, you may need an attorney who focuses on workers’ compensation claims and appeals to secure the benefits you need and deserve.
At KD Trial Lawyers, our Spartanburg workers’ compensation lawyer seeks to provide you with personal and effective advice and counsel. We also want to make things as easy as possible for you so that you can focus on healing.
We handle all workers’ compensation cases on a contingency fee basis — you pay us no attorneys’ fees unless we succeed in obtaining benefits. Attorney Jeremy Dantin leads the workers’ compensation team at KD Trial Lawyers.
You can request an initial consultation with a Spartanburg workers’ compensation attorney by contacting us online or at (864) 585-5100.
South Carolina’s workers’ compensation system has several features that set it apart from personal injury cases or other civil cases. For example, limitations exist on what can be recovered depending on what, or how many, body parts are injured. Also, unlike in a personal injury case, workers’ compensation pays 100% of all related medical bills upfront, so you have no cost as the claimant for your medical needs, both now and in the future.
Many other unique features distinguish workers’ compensation in South Carolina, which can make navigating through the system even more challenging. A knowledgeable Spartanburg workers’ comp attorney can guide you through the process and help protect your rights.
You can receive workers’ compensation benefits to cover the damages related to various types of injuries, including those listed below.
Single-event accidents/injuries:
Repetitive motion injuries, sustained through assembly line work, repetitive lifting and twisting, typing, and more:
Occupational exposure:
Mental injuries
Other injuries or conditions may be covered under workers’ compensation as well. At KD Trial Lawyers in Spartanburg, our workers’ comp attorneys are prepared to walk you through this process to determine what your best course of action should be on a case-by-case basis.
While medical benefits are always available to an injured worker so long as an authorized treating doctor states it is necessary and related, four primary types of monetary recovery are available in South Carolina:
Values are additionally dependent on a claimant’s individual compensation rate, which is generally two-thirds of an employee’s average weekly wage (note — the average weekly wage can be calculated in different ways). This is subject to a maximum compensation rate year by year, according to the South Carolina Workers’ Compensation Commission.
In South Carolina, the Workers’ Compensation Commission is the administrative branch that handles and adjudicates all workers’ compensation claims. Seven commissioners preside over claims in hearings; commissioners are appointed by the governor and approved by the Senate for a six-year term.
The commissioners also form Appellate Panels (composed of three of the Commissioners) to hear appeals from workers’ compensation hearings. If a party then wants to appeal the decision of an Appellate Panel, they may appeal to the Court of Appeals and then to the Supreme Court.
South Carolina’s workers’ compensation laws are all governed by statute, specifically the South Carolina Workers’ Compensation Act (“the Act”), which is contained in Section 42 of the South Carolina Code of Laws, and by regulations (“the Regulations”) set forth by the South Carolina Workers’ Compensation Commission (specifically Chapter 67 – South Carolina Code of Regulations).
The Act defines not only what is covered under workers’ compensation, but also who is covered. Chapter 9 of the Act and Article 11 of the Regulations identify maximum values for numerous body parts, which are used to compute the values of injuries to those body parts.
Additionally, the Regulations provide guidance as to how evidence may be obtained, shared, and used in workers’ compensation hearings; governs how hearings and appeals are handled; and dictates which types of claims must be mediated (mediation is a formalized proceeding where the parties come together with a mediator who helps them attempt to settle the case) in South Carolina.
Hiring a Spartanburg workers’ compensation attorney can prove instrumental in securing your rights and ensuring fair treatment in cases of work-related injuries or illnesses. Here are the key benefits of seeking legal representation in Spartanburg, South Carolina:
Hiring a workers’ compensation lawyer offers legal experience and support to navigate the complexities of workers’ compensation claims, maximizing your chances of obtaining the benefits you deserve.
Sometimes, an employer and the insurance carrier fight an employee’s claim. For example, the employer may claim that your injury did not happen on the job, that it resulted from a pre-existing condition, or that your failure to immediately report your injury to your employer means that you are not entitled to coverage. Employers and insurance companies also may value a given case very differently than you do.
Our legal team can help you understand which type of recovery applies to your situation and create supporting evidence to maximize your recovery. We have the experience and knowledge to present your case in a way that increases the chance of achieving desired results in a settlement or at a hearing.
If you need help filing for or appealing a workers’ compensation claim, contact us at (864) 585-5100 to speak with an experienced Spartanburg workers’ compensation lawyer.