What Should I Do If My South Carolina Workers’ Compensation Claim Is Denied?

What Should I Do If My South Carolina Workers’ Compensation Claim Is Denied?

Workplace accidents injure millions of people each year, sometimes seriously. Fortunately for injured workers in South Carolina, the state’s Workers’ Compensation Program provides benefits for people who are hurt on the job regardless of fault. In order to obtain benefits, an injured employee must report the incident to his or her employer and request medical treatment. In some cases, an employer may contest a valid workers’ compensation claim and withhold benefits. When this happens, injured employees are entitled to have their case reviewed by the South Carolina Workers’ Compensation Commission.1 These proceedings can be complicated, so it is advisable for anyone who is having problems getting workers’ compensation benefits to retain an attorney as soon as possible. There are several things that people who have been denied benefits can do to maximize their chances a successful appeal.2 Some of these are detailed below. For advice regarding your specific situation, call an attorney today. Keep detailed notes of the way in which your accident has affected you In some cases, a claim is denied because an employer or a particular physician does not believe that an accident has resulted in an injury requiring treatment or that the injury was not of sufficient severity to prevent a person from working. By keeping detailed notes of the way in which your injury has affected your day-to-day life, you can have an easier time establishing the fact that you are entitled to benefits. Keep records of any communication you have with your employer or the workers’ compensation insurance company with whom you are dealing It is extremely important for injured workers to preserve...
Work Accidents On Construction Sites Can Result In Debilitating Injuries

Work Accidents On Construction Sites Can Result In Debilitating Injuries

Construction jobs can pay extremely well, but also expose workers to risks on a daily basis. In fact, the construction industry is consistently ranked as one of the most dangerous in the United States each year. Thankfully for the hard-working men and women who make a living in construction, South Carolina’s Workers’ Compensation Program provides people who are injured in workplace accidents with compensation for their medical expenses and lost income, as well as other kinds of losses. Because workers’ compensation is a no-fault insurance system, injured workers can obtain benefits without having to prove that their injuries were the result of their employer’s carelessness or negligence.  The process of obtaining workers’ compensation benefits can be complicated, however, so it is recommended that anyone hurt in a workplace accident talk to a South Carolina workers’ compensation attorney immediately. Serious injuries can result in significant benefits Construction work often involves the use of power tools, heavy machinery, cutting implements, heavy materials, and other implements that have the potential to result in serious injury. Some of the more serious injuries that are often sustained in Charleston, South Carolina construction accidents are detailed below. Traumatic Brain Injuries – TBIs1 are an extremely serious kind of injury that can occur when a person hits his or head against another object. At a construction site, this could occur in any number of ways, including falling from high up, vehicle accidents, tool accidents, or slipping and falling over. Traumatic brain injuries can leave patients with financial difficulties that they are not aware of. Financial planning for these situations can help minimize stress for these situations. Spinal...
What is a “Detour” &  a “Frolic” In a Workers’ Compensation Case?

What is a “Detour” & a “Frolic” In a Workers’ Compensation Case?

Many individuals who suffer on the job injuries believe that they have the ability to handle their workers’ compensation case on their own and without the assistance of an attorney who understands the South Carolina workers’ compensation system.1 However, these cases can often involve complex legal terminology and arguments used by employers and insurance companies to limit the amount of benefits they must pay to an injured worker. If such arguments arise in your workers’ compensation case, it is imperative to have the assistance of a workers’ compensation lawyer who can help defend against these arguments to maximize the benefits you receive. Detour vs. Frolic One example of legal terms used in workers’ compensation cases occurs when an employee sustains an injury while they are on the clock but have left the premises of the workplace. This often relates to situations in which an employee sustained an injury in a motor vehicle or traffic-related accident. In such cases, you may hear the terms “detour” and “frolic”2 during arguments raised by the insurer or employer. Both terms refer to physical departures from the employer and direct job duties and can affect an individual’s eligibility for workers’ compensation benefits. A detour may be unrelated to job duties, but is only a minor departure from the regular business of the employer. For example, if a delivery driver strays from his usual route to stop and get a coffee, use the restroom, pick up dry cleaning, or simply see something of interest along the road, the departure will likely be considered minor and called a detour. If the employee is injured on the...
Common Treatments For Workplace Back Injuries

Common Treatments For Workplace Back Injuries

Many different jobs involve the repeated lifting, carrying, loading, lowering, pulling, or pushing of heavy objects. Anyone who participates in this type of activity at work is at risk of suffering a serious back injury. According to the Occupational Safety and Health Administration (OSHA),1 over 1,000,000 workers in the U.S. suffer from work-related back injuries every year. Back injuries can result from muscle strain, sprains, damage to the spinal cords, slipped discs, pinched nerves, and more. These injuries can result from one event or can develop over time due to repetitive activities. No matter what type of back injury you have, it can result in severe pain and can limit your work and other activities. How is a back injury treated? Back injury treatments will depend on many different factors, including the location of the injury, the type of injury, and the seriousness of the injury. Some common treatment programs include the following: Rest from activity X-rays and other diagnostic tests Medication, including narcotic painkillers and muscle relaxers for serious injuries Physical therapy Ultrasound therapy2 Chiropractic treatment Deep tissue massage Back braces Surgery In some cases, back injury victims may be unable to work, do household chores, or even walk for days or weeks. While you may wish to get back to your regular activities as soon as possible it is always best to follow the treatment advice of your doctors to ensure your injury recovers as soon as possible. Call a committed South Carolina workers’ compensation attorney today Many workers who injure their backs do not fully realize their rights under the state workers’ compensation laws. At the...
Common Injuries In The Construction Industry

Common Injuries In The Construction Industry

Though injuries can occur on the job in almost any work environment, injuries are particularly common in certain industries. For example, the construction industry is largely considered to be one of the most dangerous types of jobs in the United States. According to the Occupational Safety and Health Administration (OSHA),1 more than 20 percent of all fatal on the job injuries occur on construction sites. For this reason, many workers’ compensation claims arise from injuries sustained on the job by construction workers. “Fatal four” and other common accidents OSHA refers to the four most common deadly accidents on construction sites as the “fatal four.” These types of accidents cause approximately half of all serious accidents on construction sites and are as follows: Falls from heights, such as ladders or scaffolding Being struck by an object, vehicle, or materials Electrocutions Getting caught in between two objects, including buildings, structures, vehicles, or materials In addition to these four types of incidents, construction accidents can commonly include trench or ground collapses, motor vehicle accidents, equipment or tool malfunctions, falling objects, among others. Common injuries in construction workers’ compensation claims Construction workers often sustain serious injuries on the job that require extensive medical treatment, including the following: Spinal cord injuries Traumatic brain injuries2 Broken bones Burns Dismemberment Dislocations Contusions or impact injuries  Even if a worker survives an on the job accident, they likely face long-term medical treatment and the inability to return to work for some time. If you have been injured, call a Charleston workers’ compensation attorney for help Whether you work on a construction site, for a manufacturing company, or...
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