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. Call a South Carolina workers’ compensation lawyer for help today Even...
Should You Accept a Workers’ Compensation Settlement?

Should You Accept a Workers’ Compensation Settlement?

If you are injured at work and have to take time off to recover, you are entitled to receive compensation for your lost wages through the laws enforced by the South Carolina Workers’ Compensation Commission.1 If you qualify, you can receive weekly checks for partial wage loss, which can help cover your expenses and bills until you are able to return to work. While these checks can be helpful, it may often still be difficult to keep up with your bills and stay within your budget on the weekly benefit checks. For this reason, if the workers’ compensation company offers you a lump-sum payment, you may be tempted to accept it right away. There are a few things you should know before accepting a settlement, however. First, your weekly benefits will end once you receive the lump-sum payment. This is true even if you have a later flare-up or complication from your injury. You will be unlikely to receive benefit checks for this injury in the future. While a lump-sum payment may seem like a lot of money at the time, companies often try to offer less than the full value of your case. If you do not know how to accurately value your case, you could miss out on many benefits to which you are actually entitled. An experienced attorney can help you value your case to decide whether a settlement offer is sufficient or if you should negotiate for a higher amount or continue with weekly benefits. Discuss your situation with a dedicated workers’ compensation attorney as soon as possible While you would like to think that...
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...
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...
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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