Worker's Compensation
We Know On The Job Injuries
The lawyers at Howell and Christmas, LLC will meet with you at no charge for your initial consultation and there is no obligation to use our services.
The lawyers at Howell and Christmas, LLC know the ins and outs of South Carolina's Worker's Compensation Laws. We have a highly trained and experienced group of attorneys, paralegals, and staff that provide you the quality service and results you expect and deserve. At Howell and Christmas, LLC we approach your case with a "team approach" that ensures we are able to maximize the value of your claim and handle your case in the most efficient manner possible.
Our goal is simple: (1) Maximize your recovery; (2) Provide you with the highest quality service.
General Considerations
Worker's compensation claims are just that; insurance claims. If you are injured on the job, you are likely covered whether it is your fault, the employer's fault or no one's fault. Filing a claim does not mean that you are trying to get even with your employer and/or a co-employee. Just the opposite is true; the Act is legislation that is in place to provide remedial medical and financial benefits to keep you afloat and help you recover when you have been injured. In that respect, filing a claim for worker's compensation is no different than if you filed a claim with your homeowners insurance to put your roof back on your home after a hurricane. It is simply an insurance claim to put you back to where you were before you were damaged.
If you are injured on the job and/or suffer from an occupational disease you are covered under the Act. Furthermore, if you aggravate and/or re-injure a preexisting condition you are covered under the Act. Repetitive trauma injuries such as carpal tunnel and the like are now covered. Heart attack and stress claims require a higher standard of proof for worker: unusual and extraordinary conditions in employment.
Always remember; when in doubt, consult an attorney to determine what your rights are under the law. Most attorneys do not charge any fee for the initial consultation in a worker's compensation claim and will handle your claim on a contingency fee basis (that is you owe them nothing unless they win your case). Given the above, you have nothing to lose by asking your attorney if you have a case.
What You Need to Know
Who is covered?
If you were hurt on the job and your employer has more than four employees you're covered under the Worker's Compensation system. As long as you were doing your job when you got hurt (in the course and scope of your employment) you will be covered under the Worker's Compensation system.
Beware of the concept of an "Independent Contractor." "Independent Contractors" are generally not covered under the Act; but be careful because employers and insurance companies love to use the "Independent Contractor" defense and often do so improperly with no real basis in the law. It is very important that you not take the employer and/or insurance company's word for it that you are an "Independent Contractor." If the defense is raised by your employer, consult an attorney immediately; you may or may not be an "Independent Contractor" even if your employer and even if you believe yourself that you are one.
What is covered?
The Worker's Compensation insurance will pay for (1) all medical expenses related to your injuries and for your time off work because of your injuries; (2) weekly disability benefits checks; and (3) a lump sum payment for any permanent disability when you have finished treating. You will receive compensation for the amount your injury affects your daily living activities and/or your ability to earn a living.
How much will I recover?
The amount you get is based on your pay rate, the part(s) of your body that are injured, and the extent of your injuries after you've finished treating. The maximum you can receive is 10 years (500 weeks) of your base pay. The only way to get beyond 500 weeks is physical brain injury or paraplegia.
My work messed up. Can I sue them?
No. Worker's Compensation is the only remedy available for work related injuries. That's the tradeoff involved in Worker's Compensation. The employer will pay for medical bills and time off work, no questions asked. In exchange, the worker is not allowed to sue the employer.
Why can't I get anything else?
Because that's the law. Worker's Compensation is created by statute and we only have the remedies and options that are explicitly listed in the statute.
Common Worker's Compensation Terms
Average Weekly Wage - Your average gross wages for a week. This is the gross amount before taxes and anything else is taken out. It includes overtime and any other benefits received.
Compensation Rates - Two thirds (2/3) of your Average Weekly Wages. Your Average Weekly Wage is determined by taking the money you earned the fifty-two (52) weeks you worked prior to your accident and dividing this amount by fifty-two (52).
Maximum Medical Improvement (MMI) - Maximum medical improvement is a medical determination that is made by your physician when he or she believes you have reached a plateau in your recovery. This does not necessarily mean that you have completely recovered from your injuries; it simply means that you are at the point that maximum healing has likely occurred. Your Worker's Compensation case can not be concluded/completed until you reach MMI.
Impairment - When you have reached maximum medical improvement, your doctor will give you an impairment rating. This is a rating based on the functionality of your body (e.g. a loss of 17% of use to the left leg). Doctors give "impairment" ratings. "Disability" is a legal determination that considers many social factors in addition to impairment. Your Worker's Compensation award is based on your "disability", not "impairment" alone.
Disability - Worker's compensation benefits are based on disability and not impairment. Disability in Workers Compensation terms means a vocational disability. How does the injury keep you from doing your job? Depending on your age, health, work history, job restrictions, job requirements, education and other factors, the disability rating can be substantially higher than the impairment rating.
Functional Capacity Evaluation (FCE) - After you have reached MMI, there is a good chance that you will need to have a functional capacity evaluation. This is an intensive test that usually takes four hours to determine your physical capabilities. It will test your ability to lift, bend, stretch, stand, sit, etc. Doctors often use the results of the FCE to determine your work restrictions.
Clincher - Depending on your medical situation at the end of the case, the Worker's Compensation system will be required to provide for ongoing medical treatment for your work related injury. Even if the doctor does not order ongoing treatment, you can still request help if there has been a change in circumstances within the first year.
By signing a clincher agreement, you will receive more money, but you will also forfeit ALL rights to future medial treatment for your work related injury. Be very careful before you sign a clincher. We only recommend clincher agreements for people who are certain they will not need medical treatment for their injury in the future.
What Damages Are Not Included?
Unfortunately, the damages for which you can recover for work related injuries do not include the following:
- Does NOT Include Pain and Suffering
- Does NOT Include The Difficulties You Have Been Through
- Does NOT Include The Difficulties Your Family has Gone Through
- Does NOT Include The Things Your Employer Has Done to You
The Worker's Compensation statutes do not include these types of damages. We wish they did, but they don't. Because Worker's Compensation is based on statutes, there is no way to ask for or receive money for these types of damages.
How Long Will My Case Last?
If you are unable to work because of your injury, you will receive weekly benefit checks until you have reached MMI. Once you reach maximum medical improvement it will be time to determine your permanent disability. The longer the medical treatment lasts, the longer it will take for your case to finish.
Once you've reached maximum medical improvement, your Employer can request that your weekly benefit checks be stopped and a permanent disability rating be determined.
How Are Cases Calculated?
Permanent and Total - If you are unable to return to any type of work at all and the doctor says this is a permanent condition, then you will be paid for 340 weeks of disability for 2/3 of the difference between what you were making before the injury and what you can earn after the injury. For example, if you were earning, $16 an hour before the injury, but after your injury can only make $10 an hour, there is a $6 an hour difference. You will receive $160 a week (2/3 $6= $4 times 40 hours a week) for 340 weeks ($54,400 total) for a difference in earning capacity because of your partial disability.
Impairment to a Body Part - The other method of receiving disability, is based on a 'scheduled' body part according to a Worker's Compensation chart.
The Worker's Compensation chart defines body parts only in the most general terms. For example it rates the leg. The hip, thigh, knee, calf, and ankle are all part of the leg. The chart defines arm. Injuries to the elbow and wrist are part of the arm. The shoulder attaches the arm to the back. Right now, the shoulder is defined as part of the arm, which is 220 weeks, but there is a case in front of the South Carolina Supreme Court to define the shoulder as part of the back (300 weeks). Hopefully that will change soon.
As you can see, an injury to an arm is worth more than a hand, which is worth more than a finger. An injury to a leg is worth more than an injury to a foot, which is worth more than an injury to a toe.
The disability is on 'affected' body parts and not necessarily on 'injured' body parts. For example, if you seriously injured your toe and it affects how much weight you can put on your foot, it will also affect the foot. If you have a different gait because you can't put enough weight on your foot and that strains your knee, it will also affect the leg. We try to define the injury as widely as possible and still be medically accurate.
Doing the Math
Method of Calculating Disability - Disability is calculated by multiplying the Rate for the injured body part times the percentage of disability times the compensation rate. If necessary, the amount is reduced for the present day value if you are going to receive the money in a lump sum.
For example, if someone has a 25% disability to their back and had an average weekly rate of $400 and a comp. rate of $266.67, this injured person would receive: 300 weeks (back) times .25 (disability rate) = 75 weeks times 266.67 = 20,000.25
Why We Can't Tell You the Value of Your Case
As you can see, there is a lot that goes into a Worker's Compensation case. There is no such thing as a "standard" case. This is especially true in Worker's Compensation cases. So much of the case depends on the end results of your medical treatment, your doctor's notes and your individual work history and background that there is no way to tell the value of the case until all facts and evidence, including the doctor's final reports, are completed.
We Can Help
Questions? We can help. Just click on "Ask a Lawyer" and send us your questions. Let one of our lawyers give you straight answers to all your legal questions.
And remember, YOU OWE US NOTHING UNLESS WE WIN YOUR CASE, should you choose to hire our firm.
Free Consultation
Do you need further assistance with your personal injury, workers compensation, real estate, or general practice case? Click here to contact a South Carolina lawyer at the Howell and Christmas, LLC today.
Our personal injury attorneys concentrate in all areas of practice, including: automobile accidents, birth trauma, boating liability, burn injuries, child sexual abuse, construction accidents, defective products, dog bites, drowning accidents, drug injuries, insurance bad faith, medical malpractice, nursing home abuse, pharmacy negligence, premises liability, spinal injuries, SUV rollovers, traumatic brain injuries, truck accidents, welding accidents, wrongful death.
Our firm also concentrates in workers compensation, longshore and harbor workers, power of attorney, simple possession, Social Security and Disability claims, traffic/speeding tickets, wills and living wills, in addition to real estate transactions, including: buyer's representation, seller's representation, and 1031 exchanges.
DISCLAIMER
The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute, an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules.
The lawyers of the law firm of Howell and Christmas, LLC are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.
|
