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How and When Should I Claim Workers’ Compensation?

In the unfortunate event that you need to claim workers’ compensation benefits, it is always wise to make yourself familiar with the process as well as all the detail that can have a direct impact on your claim. Acquiring the services of an experienced workers’ compensation lawyer is always a good idea. If you are based in Greenville, South Carolina, then you are fortunate because the experienced workers’ compensation attorneys at Dan Pruitt Injury Law Firm are willing and able to help you.

When Can I Claim Workers’ Compensation Benefits?

South Carolina workers who are wounded at work or suffer from an employment-related illness are entitled to benefits under the state workers’ compensation system. The workers’ comp system in South Carolina covers medical bills related to your workplace injury and pays disability benefits while you are unable to work due to your illness or injury.

It is important to note that you will not have a claim against the employer’s workers’ compensation insurance if you were under the influence of drugs or alcohol at the time of sustaining the injury. If the injury was self-inflicted, then you will also not be able to claim workers’ compensation benefits.

When you become ill due to your employment or you have repeatedly been exposed to hazardous and unhealthy conditions at work, the illness might be considered as an occupational disease. If this is the case, then you will be covered under the workers’ compensation laws.

If it happens that you pass away because of your work-related injury or sickness, then your dependants can claim death benefits under worker’s compensation.

What is the process for claiming benefits?

For you to be able to claim, you must actually be on the job. If your work is between different sites and you travel

Greenville South Carolina Attorney for Workers compensation

If you need help filing for workers’ compensation benefits, contact Dan Pruitt today!

between the sites, you can still claim if you get injured. However, if you are injured going to and from work, you will be unable to claim as it is seen that you are not yet on duty.

It is imperative that you must first search emergency medical treatment the moment when an injury occurs. This is only applicable if the situation is truly an emergency. If your injuries are not life threating and do not require emergency medical care, your employer must be told that you have been hurt. You must then visit the medical professional who your employer appoints or their insurance company. Workers’ compensation will pay all reasonable medical expenses, only if it is from designated care provider. If you use care providers that are unauthorized, you will not be reimbursed.

You must notify your employer within 90 days about the injury. The best idea is to tell your boss immediately about the injury. Sometimes it happens that you either need to go to the emergency room or your direct supervisor is unavailable. If it happens that you cannot tell them immediately, you must tell them within the 90-day deadline. After you inform them of your injury, they must notify the insurance company so that you can start receiving benefits. This is the initial step in the workers’ compensation claim filing process.

In South Carolina, you are not required to file for workers’ compensation benefit yourself; it is the duty of the employer. However, if your employer fails to file a claim, you must fill out a Form 50 to file the claim. You have two years after the injury to file the claim. You will be required to file your claim if your employer’s insurance refuses to pay out benefits. Your request is filed directly with the South Carolina Industrial Commission. You do not need to request a hearing unless you need a Commissioner to mediate between you and your employer’s insurance. Hearings are scheduled 60 days after requesting a hearing costs $25.

After the initial hearing, you can appeal the decision if you were unsatisfied with the initial findings. This will be additional costs and might not be successful in the end.

What do I need to file a successful claim?

Ensure that you have all the critical details of the injury written down of how and when the incident occurred. Keep this along with any other evidence in a safe place. If there is no dispute, you will probably never need it again. If there is a dispute, then you have everything together.

If you file for punitive damages, then you are not allowed to file for workers’ compensation. This is where the important decisions come in. You will need a lawyer who specializes in these types of claims to assist you.

Do I Need a Workers’ Compensation Lawyer?

Having an experienced lawyer on your side might just be what your case needs. Learning about all the facts and laws of workers’ compensation can be exactly what you need.

A lawyer that deals exclusively with these types of claims will be able to tell you whether to file a punitive claim or workers’ compensation claim. Just because the one might have a bigger payout than the other one, it might not mean that you can receive a bigger payout.

Also, make sure that the lawyer you hire has a proven track record of working with workers’ compensation law in South Carolina.  If you are permanently impaired or injured, you will need someone to help you to get the best possible settlement for your future needs.

Be prepared and have an experienced lawyer from the start, than to wake up too late and then you want to get one-half way, especially if you are unsure of the process.

Hopefully, you will never find it necessary to file for workers’ compensation benefits and your family will also be spared the trauma of needing to file, but if you are injured on the job site, you must act quickly and know what to do next to ensure your rights are protected. The best way of doing that is calling Dan Pruitt Injury Law Firm to help you with the claim.

Understanding Workers’ Compensation Claims in South Carolina

Getting injured on the job is probably the most agonizing experience, especially if the injury is to such a degree that you won’t be able to continue with your job. If you are an artisan, having a life-changing injury can be devastating. Luckily, South Carolina is a “no-fault” state, which is applicable to workers’ compensation claims. However, it is always advisable to hire an attorney to help with your claim.

What is Workers’ Compensation?

It is basically a type of insurance providing certain benefits to beneficiaries such as wage replacement and medical benefits. These benefits are paid out to the employees who were injured while duty or in the course of employment. It is important to understand that workplace safety is not just the responsibility of the employer.

The compensation bargain is the trade-off between assured, limited coverage and lack of recourse outside the compensation system. The compensation bargain was established to solve the problem of employers becoming insolvent due to high damage rewards. This was achieved by developing a system of collective liability.

Depending on where you are your payments will depend on the local jurisdiction. These payments usually come down to the replacement of wages, the loss of future and past income, reimbursement and the payment of medical expenses as well as benefits payable to workers that are killed during employment.

Corrective or punitive damages, as well as general damage for pain and suffering, are generally not part of workers’ compensation plans. Negligence is often not an issue when it comes to worker compensation.

Are All Workers’ Compensation Laws The Same?

In the United States, the compensation law differs from state to state, meaning that workers’ compensation claims. In most states, the compensation takes on the

Greenville South Carolina Attorney for Workers compensation

If you need help with workers’ compensation claims, contact Dan Pruitt today!

form of medical care responsive to the workplace injury. If an injury occurs when the employee is on their way to or from work, the employee will not qualify for compensation. However, if your jobs demand you to be in different locations during the work day, you may be covered under the workers’ compensation benefits plan.

Luckily, there are various insurance policies available to employers to cover these unforeseen circumstances. If the employer is deemed as high risk they may be unable to get an insurance policy. However, they may qualify for an assigned-risk program. Various states offer public uninsured employer funds to pay benefits to those beneficiaries whose employers do not have proper policies or have illegal policies.

In 2010, 1.6% of all employer expenditure was for workers’ compensation. In the construction industry, this figure increased to 4.4%.

Workers’ compensation claims in South Carolina

In South Carolina, there is an umbrella law called workers’ compensation law under which all workplace injuries and occupational diseases fall for workers’ compensation claims. What the details regarding the benefits that an injured or ill worker can receive is explained in these statutes. These benefits, procedures and other legal matters must be adhered to for workers’ compensation claims to be successful.

The employers’ workers’ compensation insurance will be liable for any hospital or doctor’s expenses that the injured or ill employee might incur. These costs will only be paid if they are related to the injury or illness stemming from the incident at work. There is also a possibility for the worker to receive reimbursement for travel costs as well as the wages that are lost because of the traveling to and from doctors’ appointments.

There is a funeral expense benefit of $2 500 payable to the family of the victim. The victim’s family might also be entitled to receive death benefits. The state laws also provide for income replacement benefits while the employee recovers from their injury or illness. This type of benefits makes a big part of the claims in South Carolina. The amount and time frame for this benefit depend on the severity and duration of the injury that the employee sustained.

If the employee suffered a severe injury or illness and is unable to work for a given period, the employee is entitled to claim Temporary Total Disability Benefits (TTD). This compensation is usually available at two-thirds of the employee’s average weekly wage. There are also benefits available for workers who unable to continue with former work but can still do some work. This benefit is the Temporary Partial Disability Benefits (TPD) and pays the difference between the worker’s current reduced salary and the two-thirds of the average weekly wage that he earned prior to his injury.

Why you need a lawyer

Accidents happen. One day everything is fine at work, and the next day an accident can change your life forever. Think of a workers compensation claim as a car crash. You as a person is the car, and when you get injured or fall ill due to work you are doing, your “car” is damaged. If you are in a real accident, then obviously you would want to get your car fixed as soon as possible. You are willing to sue the other driver to get them to pay for your vehicle to be fixed. The same goes for when you are injured on the job. You are only able to make a living if you can work. Getting injured can have an adverse impact on your future. Hiring a lawyer to help you with your claim is probably the best thing you can do. They are the professionals who know the law and the process. If you and your employer have a good relationship, you might feel reluctant to hire a lawyer. Just remember that your employer’s promises and good intentions will not put food on the table or pay your bills.

The experienced workers’ compensation claims attorney

lawyers at Dan Pruitt Injury Law Firm deal with claims every day and know the arduous claim process. Our skilled attorneys will be able to tell you what you are entitled to and help you appeal a decision if your initial claim was denied. Dan Pruitt in Greenville, S.C., is experienced in compensation claims and will be able to provide you the information you need to ensure that your rights are protected.

Will Your Back Injury Be Covered By Greenville, South Carolina, Workers’ Compensation?

Most people use their back more than any other part of their body when working, though some occupations put more strain on the back muscles and spine than others. The reality is that you can’t do anything without your back. You can’t stand, walk, bend, lift, or even sit at a desk without engaging your back in some way. Whether it is just holding you up or performing strenuous tasks, there is no arguing against the fact that your back and spine are essential to your everyday tasks, including your work. When a back injury takes you out of the game for any length of time, you are going to have to contend with medical expenses and lost wages. When the back injury involves a pulled or strained muscle, then this can be terribly painful and can even be temporarily disabling. When the back injury involves your spinal column, your vertebrae, your spinal discs, or your spinal cord, things can go from bad to worse quickly. Injuries to the spine are likely to require surgery, hospital stays, physical therapy, and pain medication to recover from. In the worst cases, they can result in irreversible paralysis.

Whether you end up being out of work for a short period of time or whether you end up permanently disabled, you’re going to need the benefits of Greenville, South Carolina, workers’ compensation coverage to address your medical expenses and lost wages. Today, we’ll look at the different types of back injuries that you could be affected by and how you may be able to get those benefits and compensation from your employer’s workers’ compensation policy and third party claims.

 

The Various Common Back Injuries that Lead to Greenville, South Carolina, Workers’ Comp Claims

Greenville SC work injury attorney

Greenville South Carolina workers’ compensation claim lawyer

Back injuries are among the most common of work injuries in Greenville, South Carolina workers’ compensation claims. They can occur because of activities that require you to lift, pull, bend, or maneuver. They can also happen because of serious accidents, like falls and auto accidents that are related to your job duties. You might pull a muscle, strain your tendons, tear your ligaments, or sprain any of these parts of your back. More severe injuries involve damage to your spinal discs, such as a ruptured or herniated disc that could require surgical treatment. Finally, the most serious and life-altering back injuries are those that cause severe damage to your spinal cord. These are the injuries that could leave you entirely or partially paralyzed for the rest of your life.

 

Greenville, South Carolina, Workers’ Compensation for Spinal Cord Injuries and Paralysis

Spinal cord injuries can cause paralysis or death. If someone you love has been killed through a work-related spinal cord injury, then you can file a workers’ compensation claim for death benefits. This will cover your loved one’s final medical expenses and their funeral and burial costs. You can also get benefits for their lost wages. Unfortunately, you cannot get compensation for the loss of companionship or the grief that you experience at your loved one’s passing.

If you are the victim of a spinal cord injury that results in paralysis, then Greenville, South Carolina, workers’ compensation benefits can address your lost wages, benefits for ongoing disability, and medical benefits to cover any surgical treatment, medical devices, medication, hospital stays, physical therapy, and other necessary treatments for your conditions. Many people are unaware that this also includes any mental healthcare treatment you require because of your injuries. Workers’ compensation usually doesn’t cover mental health conditions, but when they are related to a physical work injury, then treatments for conditions like depression, anxiety, and post-traumatic stress disorder are covered.

There are different types of paralysis that you could suffer form with a work-related spinal cord injury. If you are paralyzed below the waist, then this is called paraplegia. If you are paralyzed below the neck, then this is called quadriplegia. If you are paralyzed on one side of your body, this is called hemiplegia. And if you are paralyzed in just one limb, then this is called monoplegia. Workers compensation benefits will cover the medical expenses and lost wages of any of these forms of paralysis if they result from a work-related back injury. You can also get long-term disability benefits.

 

When Work Related Back Injuries Also Involve Third Party Injury Claims in Greenville, South Carolina

Sometimes, a work-related back injury will also involve a third-party injury claim. This happens when someone who is not related to your employer is also liable for the injury. For example, if you are in a work-related auto accident, then you will have a workers’ compensation claim, but you may also have a third-party car accident claim against any negligent drivers who may have caused the accident. If you are injured by a defective product, such a machine, that you use at work, then this could result in both a Greenville, South Carolina, workers’ compensation claim and a third-party product liability claim. These are just a few examples. If you do have a third party claim, then you could recover compensation for things that workers’ compensation doesn’t cover. For instance, you could get compensation for your pain and suffering and your psychological trauma.

 

The Greenville, SC, Workers’ Compensation Attorneys at the Dan Pruitt Injury Law Firm Can Help

Whether you have a minor, moderate, or severe back injury, the Greenville, South Carolina, workers’ compensation attorneys at the Dan Pruitt Injury Law Firm are here to help you get the compensation that you deserve. We will help you to evaluate the damage and whether or not you have a third party injury claim, as well. While you are recovering from a back injury, the challenging process of getting the workers’ compensation benefits that you need and deserve does not have to rest on your shoulders alone. If you have lost a loved one to a work-related spinal cord injury, then you shouldn’t have to struggle with the workers’ compensation process alone in the midst of your grief. Contact our workers’ compensation attorneys for a free consultation and find out how we can help.

What You Need to Know About Idiopathic Injuries When Seeking Greenville, South Carolina, Workers’ Compensation Benefits

Greenville, South Carolina, workers’ compensation benefits are there for anyone who is injured on the job. You are entitled to receive medical benefits for any healthcare treatment you may need and wage benefits to compensate a portion of your lost income. Unfortunately, there are some cases where an employee files for workers’ compensation benefits only to discover that they are denied because it is determined the worker has idiopathic injuries. What do idiopathic injuries mean and how could it affect you?

Well, to begin with, an idiopathic injury or event is one that happens without a direct cause from your work environment. It may be a pre-existing condition that causes an idiopathic event, or it may be a spontaneous event that causes an injury. Typical examples include seizures, frequently caused by epilepsy or other disorders, heart attacks and other coronary events, strokes, and knee conditions.

If your injury or medical event is determined to be idiopathic in nature, then this will impact your workers’ compensation claim. The claim could be denied. In some cases, there is nothing you can do about that, but in others, you can appeal and potentially get the benefits you need. If your work environment has anything to do with the cause of your injuries, you can get the workers’ compensation benefits to which you are entitled. So, if you have a seizure, you can’t get compensation for the medical treatment associated with the seizure or a related disorder. However, if you fall from a height while having a seizure, and you were working at the height as part of your regular employment responsibilities, then you could get coverage for any injuries that result from the fall.

 

The Injured Employee Has to Prove the Injury is Work-Related

One of the challenges when it comes to idiopathic injuries and events in Greenville, South Carolina, workers’

Greenville SC work injury attorney

Greenville South Carolina workers’ compensation claim lawyer

compensation claims are the fact that the injured worker is tasked with the burden of proof. In the case of an EMT worker who suffered a knee injury, the case hinged on the details. Even though her claim was approved when she filed, her employer decided to appeal the decision, believing that her injury was not actually related to work. This was a case that could have ended up in favor of the worker, but it didn’t. She tried to establish a work-related cause for her injury by stating that her knee gave out because she stood up when her supervisor asked to use the desk where she normally sits.

It has been argued that if she had stood and rushed to respond to an alarm, then she may have been able to establish a work-related cause, and the request of her supervisor to move from the desk could be seen as a work-related cause also. In this case, the worker was not successful in her argument.  Her knee injury was determined to be an idiopathic event that was not related to work. Because the case could have gone either way, this is a good example of why you need a skilled Greenville, South Carolina, workers’ compensation attorney if you are tasked with proving that your injury is work related.

 

When Idiopathic Injuries Stem From A Work-Related Injury

Sometimes, an idiopathic injury or event may lead to an injury that is work related. This happens when a hazard that is unique to your job environment is involved in the injury. As we mentioned before, falling from a height is a good example. You could have an idiopathic knee condition, an idiopathic heart condition, or an idiopathic seizure condition that causes you to fall. The height you were working at is directly related to your occupation. If you sustain broken bones, a head injury, or any other injury related to the height hazard, these injuries will be covered by workers’ compensation benefits. Even fainting, an idiopathic event, could result in further medical expenses if you are injured by a work hazard. Other examples of work hazards that have resulted in workers’ compensation claims with idiopathic events include work related machinery, tables and counters, and work related auto accidents. If someone has a heart attack while driving a vehicle for employment-related purposes, then the resulting auto accident injuries could be covered by workers’ compensation benefits.

This is important because you have to think about whether or not medical expenses would have been incurred if the employee had not been working at the time of the idiopathic event. In some cases, there would be medical expenses no matter where the event occurred. If the person had a heart attack, a stroke, or a seizure, then these conditions might result in medical treatment expenses either way. Yet, if someone sustained further injuries that were related to a work hazard, then this could result in more time away from work and more medical expenses than they would have incurred at home or elsewhere.

Imagine a situation in which someone faints and falls to the floor. This could result in some medical treatment, but it is unlikely to cause the person to miss a significant amount of time from work. Now, imagine a situation where someone faints and falls on a work machine, causing a head injury or broken bone. This is going to cause the person to miss time from work that they might not have lost otherwise. It can also result in more medical expense than they would have endured otherwise.

 

You Need a Skilled Greenville, South Carolina, Workers’ Compensation Attorney to Present Your Case

These types of workers’ compensation claims can often hang on the details of what happened and the strength of your argument in favor of your right to receive benefits for idiopathic injuries. It is unwise to try to take on the system by yourself. This is especially challenging when you’re dealing with the pain and life disruption that your injuries have caused. Contact the Greenville, South Carolina, workers’ compensation attorneys at the Dan Pruitt Injury Law Firm to learn more about your options and rights concerning idiopathic injuries or a workers’ comp claim.

Is Greenville, South Carolina, Workers’ Compensation Available for Rideshare Drivers?

Rideshare drivers are people who offer rides to passengers who either don’t have vehicle, wish to save gas money, or are unable to driver for various other reasons. The customers use an app or the internet to order a ride. The rideshare driver comes to get them, similar to a taxi, and takes them where they wish to go. The most common way to get a ride from a rideshare driver is to use a rideshare app, like Uber or Lyft, on your mobile device. However, one thing that separates taxi drivers from rideshare service drivers is that taxi drivers are designated as employees, while rideshare drivers are not.

Because taxi drivers are employees, they are covered by workers’ compensation benefits if they get into an auto accident. Because rideshare drivers are independent contractors, they do not have this coverage. Fortunately for rideshare drivers, there are plenty of people who are fighting to change the system. Their efforts have been so effective that Uber is about to try something new in South Carolina.

The Risk of Serious Injury and Death Among Rideshare Drivers

Because rideshare drivers drive for a living, they are among the most at risk workers in Greenville, South Carolina. The same is true for others who drive for a living, including taxi drivers, commercial vehicle drivers, and delivery drivers. Auto accidents happen every day. The more a worker is on the road, the higher their odds of getting into an accident. This is especially so for rideshare drivers because they are frequently on the road during high traffic hours, such as the daily commutes to and from work and the nightly trips out and about with their passengers trying to avoid intoxicated driving. Because the risk is so high, it is essential for rideshare drivers to have some form of insurance coverage to turn to, beyond the right to file an auto insurance claim or litigate a case in a civil court.

How is Uber Trying to Solve this Problem by Providing Coverage to Rideshare Drivers?

Unfortunately, most rideshare drivers have no recourse for receiving benefits and compensation beyond filing an auto insurance claim. If the driver has the right coverage on their own vehicle, then they may be able to turn to their own insurance. Typically, they will have to turn to the auto insurance policy of the at-fault driver, assuming that another driver is at-fault.

It takes time to investigate an auto accident, establish liability, and then negotiate for a fair settlement with the insurance company. In some cases, these incidents will result in a lengthy trial. Until a settlement or favorable judgment is reached, the rideshare driver can be left out in the cold with no way to cover their medical expenses, property damages, and lost wages. This is why it is important to find a more practical and effective solution. Uber is working to be a leader and setting an example in terms of providing coverage to their rideshare drivers. They are not offering Greenville, South Carolina, workers’ compensation to their drivers, but they are gearing up to offer a similar type of coverage.

The coverage, which is simply an optional personal injury policy, will provide wage benefits and medical benefits to injured drivers, regardless of who was at fault for the accident. It does not prevent the driver from pursuing a third party auto accident claim, but it keeps the driver from having to wait for the results of a claim to get any coverage for their damages and losses. The driver is also not required to have the coverage, but will have to pay for it if they choose to. The payment has been structured to be affordable. Rideshare drivers with Uber will be able to purchase the coverage at 3.75 cents per mile, which would be compensated by a 5 cent increase in prices for passengers. It will provide coverage up $500 per week in wage benefits and up to $1M total for wage and medical benefits combined.

If this experiment works in South Carolina and a few other large markets (like Massachusetts, Illinois, and Pennsylvania), then the optional insurance coverage may soon be offered throughout the United States. It may also serve as an example for other rideshare services, like Lyft, to follow. There is currently no way of knowing for certain how popular the coverage will be for Uber drivers, though it certainly seems like the most responsible and practical of options at this time. It will keep Uber drivers from facing the tremendous hardships that are associated with serious injuries in auto accidents.

Is Uber Doing Enough to Provide Coverage to Injured Workers?

While Uber is certainly making a solid effort to protect and provide for their rideshare drivers, there are some flaws in the plan. Primarily, the issue that has been argued by activists from organizations like the National Employment Law Project is that rideshare drivers do not really meet the description of independent contractors. In some ways, they do. For example, an Uber driver can set his or her own hours, choosing when and where to work, and which clients to accept. On the other hand, Uber drivers do not get to set their own prices, as a true independent contractor would. This puts rideshare drivers in a kind of employment limbo, where they are neither employers nor independent contractors, by definition. However, they are still currently labeled as independent contractors. This means that they are not technically eligible for workers’ compensation coverage. The National Employment Law Project thinks that this should change and that rideshare drivers should be classified as employees.

Are You a Rideshare Driver Who Has Been Injured in a Work Related Auto Accident?

While rideshare drivers may not currently be eligible for Greenville, South Carolina, workers’ compensation benefits, they can still use some legal guidance, advice, and representation when it comes to seeking coverage for their damages after a work related auto accident. At the Dan Pruitt Injury Law Firm, our dedicated Greenville, SC work injury legal team will understand what you’re going through. We highly recommend that you take advantage of the new personal injury protection insurance plan as soon as it is offered, and that you contact the personal injury, auto accident, and workers’ compensation attorneys at our offices when you have been in an accident. We will gladly help you through the challenges ahead, starting with a free consultation to explore your options and discuss your rights under the current laws.

Can I be Fired Filing for a Workers Compensation Claim in South Carolina?

One day you’re at work, everything is going along fine, and then you find yourself with an on-the-job injury. What do you do now? Can you be fired for getting hurt on the job? What if you have to be out of work for a while because of this injury?

What you are experiencing is an injury that occurred during your working hours, related to your job, and it is covered by Workers Compensation Insurance. This insurance exists to protect you and your income in the event of an injury at work, protects your employer from workplace lawsuits, and it also protects you from being fired because of your injury (a situation known as retaliatory termination). Workers comp insurance makes no claim on who was at fault for your injury, in fact it is a no-fault insurance plan.

In South Carolina, all employers with four or more employees must carry this insurance, and you should not be afraid to make a claim for a workplace injury if this happens to you.

How Do I Report My Workplace Injury?

After you’ve been injured on the job, the first thing you need to do is report the injury to your employer, and do it within ninety days of the injury. Why? After ninety days, you may lose your right to claim benefits through Workers Compensation. However, after reporting within the ninety-day period, you will still have up to two years to file your claim for benefits. If you are killed in a workplace accident, your family has up to two years to file a claim for benefits related to the incident that caused your death.

A workers compensation attorney can help you get what you’re entitled to. Call the offices of Dan Pruitt Injury Law Firm in Greenville and get their experienced lawyers to work for you. They offer a complimentary consultation to determine if and how they can help you get the compensation you deserve.

What if My Employer Denies My Workers Comp Claim?

Your employer may try to deny your claim, but this doesn’t negate your right to make one. If you are having this issue, you can request a hearing. You also have the right to request a hearing if your doctor releases you and you believe you’re not ready to return to work; if you receive an impairment rating and you feel that is inaccurate; if you have a non-surgical scar that is visible from more than eight feet away; or if you believe you did not receive all the benefits you are entitled to. You can also request a hearing if you are not happy with the doctor you are assigned. In a Workers Compensation claim you are required to see the doctor that was chosen by your employer or the insurance representative; however, if this is not acceptable, you are entitled to a hearing to sort things out.

What Benefits am I Entitled to in My Workers Compensation Claim?

If you are hurt on the job, you are entitled to all medical treatments that may lessen your disability, including surgery, hospitalization, medical supplies, prosthetic devices and prescriptions.

You must be out of work at least seven days in order to receive workers compensation benefits, however, if you are out of work for at least fourteen days, you will receive compensation for the first seven days as well. Your benefits are paid directly to you until you are released by your doctor.

In addition to all medical treatment related to your injury, you are entitled to salary compensation while you are out of work because of your injury. The current rate of compensation in South Carolina is sixty-six and two-thirds of your current weekly wage, based on the most recent four quarters preceding your injury. This amount cannot be more than the maximum average weekly wage determined every year by the South Carolina Department of Employment and Work Force.

If you are working two or more jobs when your injury occurs, these wages may be included as part of the average wage and compensation rate for your benefits.

What About Travel Reimbursement While I’m Out of Work?

You are entitled to travel reimbursement related to your injury, if the doctor or pharmacy you are assigned to is more than ten miles from your home. The travel reimbursement is calculated at the same rate as for South Carolina state employees, currently set at 53.5 cents per mile.

Do I Really Need an Attorney for My South Carolina Workers Compensation Claim?

There are many issues to navigate when it comes to your workers compensation claim. You don’t need to go through this alone; you are injured, you’re out of work; this can be quite stressful and of course, financially taxing on you and your family. Let our workers comp lawyers work to get you all you need to get well and get back to work, with as little interruption to your life as possible. The lawyers at Dan Pruitt Injury Law Firm know the laws and how to get you what you need. They can smooth the road to getting the compensation you need and deserve, and you can relax and get well.

I’m an Employer, What Do I Need to Know about Workers Compensation?

As an employer, you are protected from lawsuits in a workers compensation claim, provided that you have not intentionally created an unsafe work environment. If that is the case, you may be sued civilly by an employee that has been hurt on the job, or by their family if they’ve been killed.

Under normal circumstances, workers compensation protects you and your employees by providing benefits to the injured worker with no direct liability to you. You are responsible for reporting the claim that has been reported to you, within the ninety-day time period to prevent loss of benefit claims.

If you believe a claim has been fraudulently reported, you should report it to the fraud department of the Worker Compensation Bureau; they will handle any further issues with a fraudulent claim. Before reporting to the Bureau, you should discuss the claim with your insurance carrier and inform them of your suspicions. This protects you from the actions of any employee who would seek to defraud your company. The skilled South Carolina workers’ compensation attorneys at Dan Pruitt can assist you with all the details in taking care of any claims, whether legitimate or fraudulent, contact them today with any questions you may have about workers compensation.

Can I be Fired for a Workers Compensation Claim in South Carolina?

One day you’re at work, everything is going along fine, and then BAM! You find yourself with an on-the-job injury. What do you do now? Can you be fired for reporting a workplace injury? What if you have to be out of work for a while because of this injury?

What you are experiencing is an injury that occurred during your working hours, related to your job, and it is covered by Workers’ Compensation Insurance. This insurance exists to protect you, as well as your income, in the event of an injury at work. The benefits of the workers’ compensation program also protect your employer from workplace lawsuits, in addition to protecting you from being fired because of your injury (a situation known as retaliatory termination).

In South Carolina, all employers with four or more employees must carry this insurance, and you should not be afraid to make a claim for a workplace injury if this happens to you.

How Do I Report My Workplace Injury?

After you’ve been injured on the job, the first thing you need to do is report the injury to your employer, and do it within ninety days of the injury. Why? After ninety days, you may lose your right to claim benefits through Workers Compensation. However, after reporting within the ninety-day period, you will still have up to two years to file your claim for benefits. If you are killed in a workplace accident, your family has up to two years to file a claim for benefits related to the incident that caused your death.

An experienced workers’ compensation attorney can help you get what you’re entitled to. Call the offices of Dan Pruitt Injury Law Firm in Greenville and get their experienced lawyers to work for you. They offer a complimentary consultation to determine if and how they can help you get the compensation you deserve.

What if My Employer Denies My Claim?

Your employer may try to deny your claim, but this doesn’t negate your right to make one. If you are having this issue, you can request a hearing. You also have the right to request a hearing if your doctor releases you and you believe you’re not ready to return to work. You are also permitted to file for a hearing if you receive an impairment rating you feel that is inaccurate, if you have a non-surgical scar that is visible from more than eight feet away, or if you believe you did not receive all the benefits to which you are entitled. You can also request a hearing if you are not happy with the doctor you are assigned. In a workers’ compensation claim you are required to see the doctor that was chosen by your employer or the insurance representative; however, if this is not acceptable, you are entitled to a hearing to sort things out.

What Benefits am I Entitled to for My Workers Compensation Claim in Greenville, SC?

If you are hurt on the job, you are entitled to all medical treatments that may lessen your disability, including surgery, hospitalization, medical supplies, prosthetic devices and prescriptions.

You must be out of work at least seven days in order to receive workers’ compensation benefits, however, if you are out of work for at least fourteen days, you will receive compensation for the first seven days as well. Your benefits are paid directly to you until you are released by your doctor.

In addition to all medical treatment related to your injury, you are entitled to salary compensation while you are out of work because of your injury. The current rate of compensation in South Carolina is sixty-six and two-thirds of your current weekly wage, based on the most recent four quarters preceding your injury. This amount cannot be more than the maximum average weekly wage determined every year by the South Carolina Department of Employment and Work Force.

If you are working two or more jobs when your injury occurs, these wages may be included as part of the average wage and compensation rate for your benefits.

What About Travel Reimbursement While I’m Out of Work?

You are entitled to travel reimbursement related to your injury, if the doctor or pharmacy you are assigned to is more than ten miles from your home. The travel reimbursement is calculated at the same rate as for South Carolina state employees, currently set at 53.5 cents per mile.

Do I Really Need an Attorney for My Workers Compensation Claim?

There are many issues to navigate when it comes to your workers’ compensation claim. You don’t need to go through this alone; you are injured, you’re out of work; this can be quite stressful and of course, financially taxing on you and your family. Let our attorneys work to get you all you need to get well and get back to work with as little interruption to your life as possible. The lawyers at Dan Pruitt Injury Law Firm know the law and how to get you what you need. They can smooth the road to getting the compensation you need and deserve, and you can relax and get well.

I’m an Employer, What Do I Need to Know about Workers Compensation?

As an employer, you are protected from lawsuits in a workers’ compensation claim, provided that you have not intentionally created an unsafe work environment. If that is the case, you may be sued civilly by an employee that has been hurt on the job or by their family if they’ve been killed.

Under normal circumstances, workers’ compensation protects you and your employees by providing benefits to the injured worker with no direct liability to you. You are responsible for reporting the claim that has been reported to you, within the ninety-day time period to prevent loss of benefit claims.

If you believe a claim has been fraudulently reported, you should report it to the fraud department of the Workers’ Compensation Bureau; they will handle any further issues with a fraudulent claim. Before reporting to the Bureau, you should discuss the claim with your insurance carrier and inform them of your suspicions. This protects you from the actions of any employee who would seek to defraud your company. The experienced South Carolina workplace injury lawyers attorneys at Dan Pruitt can assist you with all the details in taking care of any claims, whether legitimate or fraudulent, contact them today with any questions you may have about workers’ compensation.

You Have a Right to Workers’ Compensation Coverage in Greenville, South Carolina

If your Greenville, South Carolina employer has at least four employees, then you are entitled to workers’ compensation coverage. This means that your employer has to carry workers’ compensation insurance to provide medical and wage benefits if you should become injured on the job, or even if you develop an occupational illness. This all sounds pretty straightforward, but there are some things that create obstacles when you sustain a work related injury or illness and attempt to get the compensation benefits that you need.

Why Would an Employer Refuse to Report Your Injury?

One of the first obstacles that you might encounter after a work related injury is a situation in which your employer refuses to acknowledge or report the injury to their workers’ compensation insurance provider. The reason that this happens is because the employer is often worried about their insurance rates going up or their workplace being subjected to a health and safety investigation. In some cases, injured workers even face the threat of retaliation for reporting their injuries. Though it is illegal, workers can be demoted or even fired because of reporting a work injury. It can be difficult to prove that this action was retaliatory in nature, so many employees are afraid to report their injuries, thinking they’ll face consequences for doing so and won’t be able to prove that they’ve been retaliated against.

The reason that it can be challenging to prove retaliation is because your employer isn’t going to cite their reason for firing or demoting you as being due to your workers’ compensation claim. Rather, they’ll say that you were not performing well, or that there is some other valid reason for their actions. They might even offer a light duty position that meets your restrictions, but is not really intended as a light duty position, but as a demotion. In some cases, workers end up in very unpleasant roles because their employers want to retaliate without appearing to do so.

It is important to not be intimidated by the potential consequences that you might face for reporting a work related injury. If you have any suspicion at all that you’ve been retaliated against for doing so, even if you think it will be difficult to prove, contact the Dan Pruitt Injury Law Firm in Greenville, South Carolina to learn about your rights and how we can help.

Responding Appropriately to a Greenville, SC Work Injury

As soon as you are injured, become aware of an injury, or experience symptoms of an occupational illness, it is essential to respond appropriately. Otherwise, you risk harming your claim and you may not end up with the benefits you deserve.

Start by seeking medical treatment and reporting the injury. The order in which you do this will depend on the injury or illness. You may need medical treatment to identify an illness and find out that it is occupational in nature. In this case, you seek medical treatment first, and then, quickly report the illness to your supervisor. In cases where an urgent injury occurs, you must seek medical treatment from the nearest emergency room, and you may not have time to report the injury, first. However, in many cases of urgent work injuries, your supervisor will be made aware very quickly. This doesn’t mean that you shouldn’t still report the injury in writing, but there’s a good chance that an incident report will already be started while you’re on your way to the hospital. In cases where a non-urgent injury has occurred, you can report the incident to your supervisor, first, fill out an incident report or provide another written report of the injury, then choose a physician from the company’s list of approved medical providers.

If you must seek emergency room care, first, then you can go to the nearest ER, but you should follow up with a company approved physician. The same is true for occupational illnesses. You may discover the illness with your own family physician, but once you know that it is related to work, you must follow up with a medical provider from your employer’s list.

From this point, your employer is supposed to report your injury to the workers’ compensation insurance provider and South Carolina Workers’ Compensation Commission. If your employer does not do this, then you can report the incident to the commission yourself, using Form 50 from the Workers’ Compensation Commission website. If you need assistance or advice on this process or your rights, the Dan Pruitt Injury Law Firm is here to help. We are also here for you if your claim is initially denied for any reason. We can help you to ensure that you didn’t make any mistakes in filing, establish why the claim was denied, and fight for your right to benefits.

Further, you need to make sure that whatever instructions or restrictions are provided by your physician are followed without exception. They may recommend ongoing treatment, pain management therapy, no heavy lifting, certain types of exercise, and/or the use of medication or medical devices, for example. Don’t deviate from these instructions. Let your employer know about your restrictions with a copy that you receive from your physician.

South Carolina Workers’ Compensation Does Not Prevent Third Party Lawsuits

When you are covered by your employer’s workers’ compensation insurance, you are prohibited from filing a personal injury claim against your employer or coworkers, unless certain unusual circumstances apply, such as gross negligence or intentional wrongdoing. Yet, receiving workers’ compensation benefits does not prevent you from filing a third party claim against another individual who may have caused or contributed to your injuries. The most common examples of this are work related auto accidents, in which another driver is liable, animal attacks, and accidents that occur on someone’s property while you are there for work related purposes. For instance, someone who delivers mail could be bitten by a dog or could slip on ice, and they might have both a workers’ compensation claim and a third party premises liability claim.

Contact the Dan Pruitt Injury Law Firm for More Information

If you have any questions about your options, rights, or responsibilities in a Greenville, South Carolina workers’ compensation claim, or if you believe you have been retaliated against for filing a claim, contact a determined workers’ comp lawyer in Greenville at the Dan Pruitt Injury Law Firm for advice and representation.

Frequently Asked Questions About Greenville, SC Workers’ Comp Claims

If you have been injured on the job in Greenville, South Carolina, it’s natural to be a little overwhelmed and confused about the process of filing a workers’ compensation claim and getting the medical and wage benefits that you need. Each case and claim is different, so you may need to consult with a workers’ compensation attorney from the Dan Pruitt Injury Law Firm to get answers to questions that are directly related  to your situation. For answers to the general questions that apply to all claims for workers’ compensation in Greenville, SC, read on.

What Steps Are Involved in Reporting a Work Related Injury or Illness?

This is an important question because failing to report your work related injury or illness correctly could harm your workers’ compensation claim and leave you without any benefits. Further, although it is a frequently asked question, it may not be asked frequently enough. Many people assume that if they told their employer about the injury, that is sufficient.

If your employer is ethical and has your best interests at heart, then this could be enough, because your employer will guide you through filling out an incident report and will report the injury right away. However, it is ultimately your responsibility to make sure that you provide notice of the incident and injury to your employer in writing, with the date included.

This will later serve as evidence of when the incident occurred and the fact that you did report it in a timely manner. You technically have 90 days to report the injury or illness, but delaying will still make it much easier for your employer or their insurance company to argue that your injury is not work related, and thus, your claim could be denied.

How Can a Worker File a Workers’ Comp Claim Without the Employer’s Help?

In cases where your employer will not acknowledge or report your injury to their workers’ compensation insurance and the South Carolina Workers Compensation Commission, you will have to start the claim by yourself. Fortunately, this is not difficult to do. All you need to do is download the appropriate forms from the South Carolina Workers’ Compensation Commission website, or contact the Commission directly to request the forms.

You will start with the Employee’s Notice of Claim and/or Request for Hearing form (Form 50), and check the box that says “I am filing a claim. I am not requesting a hearing at this time.”  If you are filing on behalf of a loved one who passed away from a work related injury, you will need to download the Employee’s Notice of Claim and/or Request for Hearing, Death Case form (Form 52). Again, you will indicate that you are filing a claim, but not requesting a hearing.

You will need to file your claim within two years of the incident, the death, or the onset of symptoms, though the sooner you get started, the better off you’ll be.

Where Can a Worker Go to Seek Medical Treatment for Injuries?

Your employer should have a list of company and insurance approved physicians for you to choose from. You must choose one of these physicians to have your medical expenses covered. The only exception is when you have an injury that requires urgent medical treatment. In these cases, you can go straight to the ER that is closest to your location, and your workers’ compensation medical benefits will cover this. After the emergency medical treatment, you will need to choose an approved physician for all ongoing care.

When Can a Worker Start Receiving Wage Benefits?

Workers in Greenville, South Carolina who have been injured on the job and are unable to return to work can expect to start receiving benefits after seven missed days. The first seven days will not be compensated unless you have to miss another seven days of work (14 total). In cases where you do not have to miss any work, or miss less than seven days, you will not receive wage benefits. However, if you do not have to miss seven days of work, but are restricted to light duty work that pays less than your former average weekly wage, you can begin receiving wage benefits for the difference in pay after seven days on the light duty position.

Can a Worker Receive The Full Amount of Their Lost Income in Wage Benefits?

Unfortunately, you will not receive the full amount of lost income in wage benefits. Rather, you will receive wage compensation at 2/3 the value of your average weekly wages. In cases where you are on lower paying light duty work, your wage benefits will be 2/3 the difference between your old average weekly wage and your new average weekly wage.

Can a Worker Get Benefits for Their Mileage To and From Medical Appointments? 

This question is also quite common because injured workers are often unable to drive and unable to afford to pay someone to help them commute to and from appointments. Then, there are the cases where the injured worker has to travel such a long distance to the approved physician’s office that it becomes a strain on their already challenging financial situation. For this reason, you can request benefits for your mileage as long as your round trip is greater than ten miles. Mileage for workers’ compensation patients is compensated at the same rate as the mileage for state government workers. Simply report the mileage to the workers’ compensation insurance company that is providing your benefits.

What is a Workers’ Compensation Hearing For?

When filing Form 50 or Form 52 to initiate your worker’s compensation claim, you check the box that says that you are filing a claim and not requesting a hearing. This begs the common question of what circumstances would require you to check the other box, the one that says that you are requesting a hearing and what the hearing is for.

A workers’ compensation hearing is something that you’ll only need if your claim is denied, if you don’t get the benefits you’re entitled to, or if you disagree with your physician’s assessment of your health and restrictions. You’ll request a hearing with the same type of form that you used to initiate the claim, and you must include a $25 fee when you submit the form. Your hearing will be scheduled, and you will be able to argue your case. If you need to do this, contact a determined workers’ compensation attorney in Greenville at the Dan Pruitt Injury Law Firm for guidance and representation through the process.

Has Your Loved One Suffered From Abuse or Neglect in a Nursing Home Facility?

When you have a loved one in a nursing home facility, it is typically because the patient is no longer able to care for themselves. They have come to require the care and attention of the staff for their basic needs on a daily basis. Yet, far too many will become victims of abuse and neglect in their nursing homes. In fact, this is such a frequent occurrence that research has been done to identify the causes, and there are many advocating for effective solutions to this problem.

Why Are There So Many Cases of Nursing Home Abuse and Neglect?

Patients in nursing home facilities are vulnerable to abuse and neglect for many reasons. They are more likely to suffer from medical issues that prevent them from protecting themselves, from communicating their needs, and from telling anyone what is happening. They may suffer from issues like dementia, and they be isolated from others. In some cases, victims of nursing home abuse are capable of telling someone, but are too afraid or embarrassed to do so.

Other contributors to the high frequency of nursing home abuse and neglect cases include the lack of training and qualification of staff members, the common issue of understaffing, the lack of screening of staff members who may have a history of violent crimes, and the lack of supervision of staff members who wind up with complete control over a patient’s wellbeing.

What Can You Do To Stop Nursing Home Abuse and Neglect?

If you have a friend or relative in a nursing home, then there is a lot that you can do to confront the widespread problem of nursing home abuse and neglect. Primarily, you can ensure that your loved ones are not isolated by visiting them as frequently as possible.

Many people don’t do this enough, for a variety of reasons. They may feel sad or guilty because their loved one is in a nursing home, perhaps because they themselves could not provide the care that is required. They may simply assume that their loved one is being properly cared for.

Some people feel too emotional at seeing their loved one in bad health, especially in cases where the loved one has developed a condition like Alzheimer’s disease or dementia and can no longer recognize them. This is also true in cases where a loved one has a terminal condition. Nobody wants to watch someone that they care for go through such trials.

No matter what the reasons are, there is no just cause for leaving your loved one to face the challenges of aging and ill health alone. No matter how difficult it may be for you to deal with these issues, you must take the time to visit your loved one and make sure that they are properly cared for and not suffering from abuse or neglect. If you do notice the signs of nursing home abuse or nursing home neglect, you must take action. Do not write anything off as a onetime event or an accident without looking further into it.

How Can You Recognize the Signs of Nursing Home Abuse and Neglect?

Because nursing home abuse and neglect can take many forms, there are many different signs that you should be on the lookout for. You should not simply wait for something obvious to happen, and assume the best until it does. Rather, you should actively look for the indications that your loved one might be neglected or abused.

For instance, you might not notice bed sores and infections if you don’t look for them. These occur when your loved one is neglected, not moved frequently, and not cared for properly. They may be found on the patients’ back, legs, and bottom, for example. You also need to watch for signs of malnutrition and dehydration. Common signs include unexplained weight loss, dry skin, and expressions of hunger or thirst. Even if your loved one is not communicative, you might notice that they are eagerly consuming any food or drink that you offer.

It is also important to be aware of the causes of any falls and broken bones. Although the elderly may be more prone to falling down, this does not mean that it is okay for this to happen. The staff at the nursing home should be there to assist your loved one and prevent falls.

You can also keep an eye out for any indications that your loved one is being chemically restrained. This means that the staff are using medications inappropriately to keep the patient immobile. There are also cases where the staff does not provide necessary medications, and you may notice symptoms of issues that were previously controlled by such medications.

Finally, pay attention to your loved ones words and behaviors. If they are able to communicate, then you can talk to them about their experiences and how they feel. Even if they cannot communicate, you can pay attention to their mood and demeanor. Do they seem depressed, anxious, or fearful? These could be indications of neglect or physical or emotional abuse.

What Can You Do When You See Signs of Nursing Home Abuse or Neglect?

If you notice any indications that nursing home abuse or neglect are occurring in the facility where your loved one resides, even if it seems to involve an entirely different patient, and even if you aren’t completely sure that it is occurring, you can do something about it. You can contact the police and speak to an attorney so that the situation can be investigated.

Depending on the outcome of the investigation, you may be able to recover compensation for your loved one, and the facility may be shut down and may even face criminal charges. Call the experienced Spartanburg nursing home neglect attorneys at the Dan Pruitt Injury Law Firm for a free consultation to discuss the unique circumstances surrounding the case of abuse or neglect for your loved one and learn more about what you can do to seek justice and recover compensation.

Dan Pruitt Injury Law Firm
300 Pettigru Street, Suite 100
Greenville, SC 29601
(864) 280-7660