No matter whose fault it is, if you're injured on the job, you're entitled to workers comp benefits.
For those injured on the job, South Carolina workers compensation law provides for medical benefits, temporary lost wages, and permanent disability awards for future wage loss earnings. These benefits are paid regardless of fault on the part of the worker unless it involves an intentional act on his part or it happens while under the influence of alcohol and/or drugs. Pursuant to codes, claims are handled by board of commissioners which creates a more efficient and quicker resolution for the claimant. Employers with four or more employees are required by workers comp statutes to carry insurance to cover the benefits due the worker. If the employer fails to carry the insurance, the benefits are paid to the worker by the South Carolina Uninsured Employers Fund. What that means is that even if your employer did not carry workers comp insurance at the time of your injury, you can still receive your benefits.
Workers comp benefits are like three insurance coverages combined. The first is like a health and accident policy which pays all of your bills, even mileage to and from the doctor's office. The second is a short term insurance policy which pays you wages until you are released from the doctor or return to work at an equivalent wage. The remaining benefits pay you for any permanent disability which will remain with you for the rest of your life.
On the job injuries can happen in two ways and are classified as either acute or cummulative. Acute injuries happen at a specific point in time, such as a slip and fall, a fracture or a laceration. Cummulative injuries happen over a period of time, days, weeks, even months. Examples of cummulative injuries are carpal tunnel syndrome, computer strain, or low back strain. Both types of injuries are compensable uner the workers comp law.
Even though your employer did not carry the statutory workers compensation insurance at the time of your injury, you can still recover benefits that you are entitled to through the Uninsured Employers Fund administered by the State of South Carolina.
Fees charged by an attorney for representing the worker are regulated by statute and subject to review by the South Carolin Workers Compensation Commission at the conclusion of representation. If the fee arrangement is on a contingency arrangement, the fee is only calculated on the benefits conferred on the worker as a result of the representation. The contingency can only be on the lost wages and disability award, and medical benefits are not subject to the contingency.
At Hanna Law, we make sure that the compensation rate that is paid to the worker is correct and that he gets all the medical treatment necessary for his recovery. After representing many clients before the Workers Compensation Commission, the Circuit Court and the Supreme Court for almost four decades, we have the experience to maximize the award to the client.
Related sites:
South Carolina Workers Compensation Commission
