South Carolina Workers Compensation Legal Questions

It depends where the statement is.  I assume it's in a proposed settlement agreement.  If so, in some cases, injured workers cannot "close out" their claims for permanent disability, and a common example is permanent total disability.  It could also happen in an interim or intermediate settlement that does not close out the claim entirely, and where you have not reached a point of medical stability called "maximum medical improvement" when permanency would be determined.  In this context, the statement would simply mean that you've worked out some issues in the agreement, but concede that there are other issues (namely, permanency) that are too early to close out, so you're leaving them open.  ... Read More

First, you will not be able to get "pain and suffering" in any workers' compensation case.  Workers' compensation systems are substitutes for non-economic damages (like "pain and suffering") that you might otherwise qualify for in fault-based systems of recovery.  Instead, workers' compensation systems provide economic benefits, mainly in the form of weekly checks to replace lost earning capacity, and payment of medical bills. If your employment placed you at a greater hazard or risk than the public in general of contracting COVID-19, then you might qualify for workers' compensation under South Carolina law as an occupational disease.  The real fight is if your job placed you at a greater risk, statistically speaking, of contracting the virus. There is some research already out there suggesting that grocery store workers are at a heightened risk.  See https://www.ncsl.org/research/labor-and-employment/covid-19-workers-compensation.aspx. So far, though, we haven't seen any published decisions by the South Carolina Workers' Compensation Commission or South Carolina appellate courts looking at COVID-19 specifically, although we'll likely see some in the next year or two.  Until that happens, it's hard to predict what South Carolina will do.   Other than filing an occupational disease claim, if there was a specific incident that led to your contraction of COVID-19, the incident might qualify as an "injury" by accident.  ... Read More

It is completely up to you whether to get an attorney to help you.  Generally, however, if you have surgery, you're at least looking at the possibillty of having permanent restrictions from your injury.  These restrictions might or might not be compatible with the physical demands of your job or other jobs that exist that you could otherwise do, if it were not for your injury.  The frustrations you are having with the system are common, although they are certainly things an attorney can help with, at least so far in understanding the different roles of folks (like the nurse case manager or the insurance adjuster).  If you are having job intimidation, I would recommend at least speaking with a lawyer who is experienced in workers' compensation cases, since the biggest asset in a workers' compensation claim is the ability to keep a good-paying job with benefits and to stay at work, which might or might not be possible because of medical and other reasons.   ... Read More

Unfortuantely, there's not a "one size fits all" answer to your question.  Some claims last only a single medical visit, while other claims cause life-altering injuries--such as paraplegia or traumatic brain injuries with neurological disorders--that could last a lifetime.  A lot depends on how much (and the type of) medical treatment you need, your permanent restrictions, the length of time it takes for you to reach medical stability after an injury, and other factors. Can you share more about your situation? ... Read More

I am sorry to hear that you have been given the run around by the workers compensation carrier.  This happens too often to hard working people who were injuried at work and need necessary medical treatment.  With a spine injury that has required surgery, I believe you have a very strong workers compensation claim.  With a potential permanent impairment, you may be entitled to significant compensation for any permanent condition and lifetime medical treatment.  I believe it is very important to hire an experienced attorney, especially with an injury to the spine because the laws can be very complex for this type of injury.  I would be happy to give you a free case evaluation.  Please feel free to contact my office at (803) 350-9230.  I look forward to helping you get all the compensation and benefits under workers compensation that you deserve. Robert F. Goings, Attorney Goings Law Firm, LLC (803) 350-9230... Read More

At this firm, the fees would only be based on an amount received in excess of what has already been offered.  So, the fees would not be based on $70,000.  I would strongly urge that you retain an attorney before entering into any workers compensation settlement in order to potentially maximize your recovery.    Robert F Goings, Esq Goings Law Firm 803-350-9230... Read More

I have handled many Worker's Compensation claims where the adjuster failed to author rise the MRI or other medical care.  I certainly understand how frustrating this is for you.  You were injured, and all you want to do is get better.  You are entitled to receive medical care that is authorized from the physician.  In order to get this treatment approved, a hearing will need to be requested with the Worker's Compensation commission.  I highly recommend that you hire an experienced workers compensation attorney.  Under the law, the workers compensation carrier is required to have an attorney at the hearing.  Please call me at 803-350-9230 to see if I can assist you.   My email address is rgoings@goingslawfirm.com.  ... Read More

Please call my office for a free consultation -- 803-350-9230.  You may have legal rights under workers compensation, but I would need to find out additional information about your injury and the medical treatment that has been provided.  I look forward to trying to help you.     Thanks, Robert Goings   Goings Law Firm, LLC 803-350-9230... Read More

You may still be able to get a claim for worker's compensation, because even carple tunnel syndrome which is by nature repetitive and not a clear onset can get coverage.  If your employer won't help, contact a lawyer who may be able to advocate for you.  Also, you might be able to collect for partial disability if your injury is bad enough.  ... Read More

Yes you do have a claim assuming you were hurt in the scope of your employment.  I practice law in S.C. with offices in Charleston and Columbia, S.C., but you first need is to see an orthopedic surgeon who specializes in hand surgery.   I will be happy to refer you to the Medical University of S.C. if you become my client. I will be happy to meet with you for free to see if we can work together as a team.  We do not, however, have a lawyer/client relationship until you have signed a formal engagement letter.  I am an ethical and diligent lawyer.  You may call my Charleston Office at (843) 789-3504. Regards to you, Sir, Michael Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

Yes you do.  I practice law in Charleston, S.C. and Columbia, S.C.  I am an ethical and diligent lawyer.  I will meet with you for free to see if we can work together as a team.  You may call my office at (843) 789-3504. Regards to you sir, Michael Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More