Anatomy of a Workers’ Compensation Claim

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The process of receiving workers’ compensation after an injury can be confusing and time consuming. There are filing deadlines to consider, interpreting underlying controlling legislation, and the actual business of recovering from your injury to worry about. If you have been injured on the job and are considering filing a workers’ compensation claim, the following information may help guide you through the process.

2015 Workers’ Maximum Compensation Rate

Each year the South Carolina Department of Employment and Workforce sets the average weekly compensation range for claims filed within the state. As of January 1, 2015, the maximum weekly compensation has increased $13.89 from the 2014 rate of $752.16 to $766.05. What does this mean for your claim?

Your actual rate of compensation may differ from the figure listed above; $766.05 is the maximum that a party may receive each week as part of their claim. In determining your actual weekly compensation for your claim, the court will examine the past four pay quarters. If a ruling is issued in your favor, you will be awarded 66.66% of your weekly pay for those past four quarters, with the maximum award being $766.05 per week.

Helpful Tips

When preparing to file a workers’ compensation claim, it is important to remember several things:

  • Keep logs. You may be able to secure more than just a portion of your salary. In some cases, it is possible to receive reimbursements for travel between your home and your doctor’s office for visits related to your injury. As of 2004, reimbursement for travel to and from your pharmacy may also be approved. It is important to keep track of the time spent travelling to and from any appointments related to your injury.
  • Your compensation will not last forever. Your awarded compensation will have an expiration date. It is important to understand the termination date of your award, as well as any filing deadlines for an extension, should your case warrant an extended timeline. Which leads to our next point…
  • Be mindful of deadlines. As with most legal claims, there are deadlines in applying for workers’ compensation. If you are unsure of your timeline, speaking with an official or attorney may prove beneficial.
  • Be honest. Perjuring yourself (the act of lying under oath) during a workers’ compensation hearing can have lasting effects on both your private and personal life. Exaggeration of small details might have a greater impact than you think. Be sure that you are truthful.

The process of applying for workers’ compensation can be extremely technical and time consuming. Speaking with someone who understands how the different regulations and statutes work together to within the system that determines the outcome of your application may prove invaluable as you move forward. The team at the Dan Pruitt Law Firm has decades of experience in guiding our clients through the process of securing their just compensation after a workplace injury. Do not let confusion or frustration stop you from ensuring that you get what you are owed. Reach out to our offices today for a consultation.

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