Burden of Proof For South Carolina Workers Compensation Claims

In any workers’ compensation claim, just as in any legal claim for damages, the person seeking compensation must satisfy the burden of proof. In general, the burden of proof is simply the degree to which a party to a legal action must establish their case. In other words, how strongly must a party prove their case in order to win? In a workers’ compensation case, the injured worker must prove that they sustained an injury by accident in the course and scope of their employment. Notice that there is no requirement in workers’ compensation to establish that the employer did anything wrong or acted negligently in causing a worker’s injury. This is a significant difference when compared to many other types of injury claims in South Carolina (such as injuries from motor vehicle collisions) when you must establish that the other party has done something negligent, or careless, in causing your injury. In cases where the employer and insurance company “accept” the claim (in other words, when they accept responsibility for the injury), the injured worker does not need to prove anything else in order to begin receiving appropriate benefits under the law. When cases are accepted at the outset, things often run more smoothly. However, when the employer and insurance company “deny” the claim (in other words, when they do NOT accept responsibility for the injury), the injured worker has the burden of proving that their injury qualifies for benefits under the South Carolina Workers’ Compensation Act. When cases are denied from the beginning, it can often mean injured workers are in for a long, difficult fight. In...

Top 5 Frequently Asked Questions About Workers’ Compensation

Have you been injured on the job? You may be experiencing more than just physical pain. You may be worried about a number of issues related to workers’ compensation. Here, we’d like to address some of the most common questions we hear from concerned clients. 1. What Should I Do If I’m Injured on the Job? If you get hurt on the job, it is important you take the following steps as soon as possible: Tell Your Supervisor. Oftentimes, injured workers wait to see if the injury will heal on its own before reporting it. Then, when it becomes apparent that the injury will cause them to miss work or need significant treatment, they report the injury. Understandably, for employers and workers’ compensation insurance companies, it raises red flags when an employee doesn’t report an injury until days, weeks or even months after it occurs. For this reason (among others), it is extremely important that you inform your supervisor as soon as you have sustained a work-related injury, so that the incident can be documented properly. For example, if you don’t report an injury within 90 days of when it occurs, you may be forever barred from making a claim at all. Ask To Seek Medical Attention. In cases of true emergency, the first thing you should do when injured at work is get the appropriate medical attention. If the injury does not appear to be an immediate emergency, when reporting the injury to your supervisor, make sure you clearly and politely request that your injury be evaluated by a physician. Fill Out An Injury Report. It is important...
Why You Need an Experienced Workers’ Compensation Attorney

Why You Need an Experienced Workers’ Compensation Attorney

  A work-related injury – especially a severe one requiring extensive medical care – can cause serious hardship. Not only does the employee have to deal with the injury, treatment and recovery, but they are also facing the stress of whether they can return to work and the hardship placed on their family. Workers’ compensation insurance is in place to prevent precisely those financial burdens and challenges. Unfortunately, that doesn’t always mean the system works in the employee’s favor. If you’ve been injured on the job, it’s a smart idea to obtain legal counsel to help you navigate the process, to learn your rights and to protect your rights. Insurance companies have attorneys representing them, so it only makes sense for you to consult with an experienced workers’ compensation attorney as well. A Commissioner, rather than a judge or a jury, hears workers’ compensation cases. Commissioners preside over hearings to decide the value of a case, what kind of treatment an injured worker is entitled to and whether the claim is compensable. Prior to opening his own firm, Walter Hundley served as a South Carolina Workers’ Compensation Commissioner and Chairman. Mr. Hundley has dedicated the majority of his career to helping clients get the insurance settlement they need to cover their medical expenses and living costs while they recover. As a former Commissioner and Chairman, Walter Hundley helped to improve the Workers’ Compensation system, write regulations for it, and manage it. “I have a lot of respect for the workers’ comp system. I play by the rules – I helped write the rules,” Hundley says, “so it really upsets...
Scaffolding Can Cause Serious Injuries

Scaffolding Can Cause Serious Injuries

Scaffolding is necessary for many people to perform their jobs, especially in the construction industry. In fact, the Occupational Safety and Health Administration (OSHA) estimates that 65 percent1 of all construction workers in the United States use scaffolding on a daily basis. Because of the risks of injury that come with working at such heights on a temporary structure, OSHA has many regulations and guidelines about the safety of scaffolding. Unfortunately, many construction companies may not realize their scaffolding is not up to code or may knowingly go against these safety regulations and injuries can result. Scaffolding falls and other injuries can happen in many ways, including due to the following: Poor installation and securing or scaffolding Defective parts of the scaffolding structure Failure to inspect or maintain the scaffolding Not properly training workers about scaffolding safety Workers who do not use scaffolding safely Falling objects from higher levels of scaffolding Scaffolding collapses Falls from the scaffolding due to obstacles or dangerous conditions on the planks Injuries in scaffolding accidents can be devastating. No matter how your scaffolding-related injury occurred, you deserve to receive workers’ compensation benefits2 for your medical care and any wages you lose from missing work while you recover from your injuries. This is true whether the accident happened because of wrongdoing on the part of your employer or was simply an accident. Call a South Carolina workers’ compensation attorney for a free consultation   Whether you are a construction worker or working in another industry, you deserve to receive the full benefits to which you are entitled under workers’ compensation laws if you are injured...
How a Broken Foot Or Ankle Can Affect You

How a Broken Foot Or Ankle Can Affect You

Many people have broken a bone in their lives, especially when they were children. Many broken bones may often heal relatively easily and may only need a cast, rest, and possibly some painkillers for your recovery. However, in other situations, a compound or open fracture1 may require surgery and may take months to recover, if it ever fully heals at all. The Occupational Safety and Health Administration (OSHA) considers a fractured or cracked bone to be a “significant” injury2 under its guidelines. Any employee who suffers a broken bone should receive the proper medical care and benefits from their employer’s workers’ compensation insurer. The effects of broken feet or ankles A foot or ankle fracture can happen when you least expect it. For instance, a simple trip and fall can result in a broken bone, as well as having something dropped on your foot. If you break your foot or ankle, you should seek medical attention right away so that you can get a cast, walking boot, or other medical you may need to protect your broken bone. In many cases, people with broken feet or ankles are not allowed to put any weight on that leg, so may not be able to walk or stand for weeks. If a fracture is serious, you may have to have surgery to set the bone and to put in pins or screws, which may later have to be removed. In such cases, you will likely have to attend physical therapy in order to walk or stand properly in the future. South Carolina Workers’ Compensation Attorney – Contact Hundley Law LLC Even...
Disclaimer:The information found on this website is for general informational, educational, and advertising purposes only. Any information found on this website does not constitute legal advice or a solicitation of clients, nor does it create an attorney-client relationship between the reader and R. Walter Hundley. Any case result information provided on any portion of this website should not be understood as a promise of any particular result in a future case. Because the results obtained in specific cases depend on a variety of factors unique to each case, past case results do not guarantee or predict a similar result in future cases undertaken by R. Walter Hundley. Professional legal counsel should be sought for specific advice relevant to your circumstances. Do not send any confidential information to our firm until an attorney-client relationship has been established through direct communication with an attorney at R. Walter Hundley, and subsequent mutual written agreement that our representation of you would be appropriate and acceptable.
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