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Worker’s Compensation in South Carolina
Work-related injuries occur more often than one may think. Some common work-related injuries are blows to the head by tools or other objects, falls that can lead to broken bones or traumatic brain injuries (TBI), and more.
Some work environments are especially dangerous and have a higher rate of work-related injuries, such as construction sites where workers are susceptible to working on ladders or scaffolding or are vulnerable to third-party safety hazards such as suppliers delivering to job sites and colliding with employees.
Significant injuries can lead to permanent disabilities. So what are your options? Continue reading for more information.
What Constitutes Permanent Disability in South Carolina?
According to the South Carolina State Legislature, total permanent disability results when “the loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes or any two thereof, constitutes total permanent disability.”
Suppose you have suffered a significant injury once you have completed all necessary medical requirements such as physical therapy, occupational therapy, and more. In that case, you will meet with your doctor once more to determine if you are at maximum medical improvement. If this is determined, your limitations are documented at that time and can help decide whether or not you are eligible for long-term care.
The doctors have a lot of discretion in these cases. They are the ones who will evaluate you and determine what limitations you have and if you can/should return back to work. They assign a physical impairment rating, which is a critical factor in whether or not you are eligible for assistance.
What Other Factors Are Reviewed
Facts such as the type of work that you do can have an effect on the decisions made. For example, if you have a predominantly desk job vs. an active job where you are walking around in a warehouse or operating equipment most of the day, this can weigh in on the decision.
Your age is a factor as well. This timeline can affect the decisions if you are close to retirement vs. just starting out in your career.
What is your experience and education level? These two factors are incredibly important because they can mean that you are employed at a high level based on the skills that you were trained for. If you can no longer complete the tasks, you may need to shift careers or remove yourself from the workforce entirely.
Permanent Partial Disability
The payout schedule for worker’s compensation benefits states which body parts will specifically result in what percentage of your previous salary. For example, if you have a loss of one leg, you may be eligible for payments for 195 weeks. If you lose a thumb, you may qualify for payments for up to 65 weeks.
Another aspect to consider is that if you suffered significant injuries to two body parts, you may be eligible for an escalated amount of benefits or Permanent Total Disability. For example, if you lose the use of your hand and the use of one shoulder, this could qualify you for Permanent Total Disability rather than partial.
How Can an Attorney Help?
One of the main reasons people find attorney assistance with worker’s compensation claims is the ability to negotiate effectively. If it’s not something you are used to doing daily, the task may seem daunting or not worth the effort. For a skilled attorney, they are proficient at negotiations because they do them often for their clients. They can negotiate with other parties relative to the case, the insurance companies, your employer, and more as necessary to get the results you deserve.
Your attorney can also help ensure you accurately calculate all your medical expenses. They can conduct research to ensure you have all the documentation and cover all the bases of your injuries.
Presenting evidence in a way that gets you the compensation you deserve is another aspect that attorneys can help with. You must present a compelling case to capitalize on the benefits that may be available to you. With experience in fighting for their clients each day, worker’s compensation attorneys are prepared to do just that.
Don’t Suffer Alone in Silence
We respect the anguish, anger, and frustration you must feel after such a significant injury. Severe injuries affect not only ourselves but our loved ones as well. Allow us to be your most fierce and tireless advocate when you need it the most. We listen to our clients thoroughly and help them see a fresh perspective they may have not yet thought about.
Though we have “big firm” experience in our past of over a decade, we pride ourselves in the small firm feeling that we give our clients, including consistent communication and updates, care and concern for each client, and intense attention to detail. You don’t need to suffer alone or settle for far less than you deserve.
Call our office today at (803) 855-1012 to schedule a free consultation, and you’ll see why our firm is different and makes you feel like you matter right out of the gate. No matter the case size, we understand how difficult these times can be in your life. You can’t plan for accidents to occur, but you can plan an effective strategy to overcome the obstacles, fight for the compensation you deserve, and move forward with your life.
We look forward to serving you and your loved ones.
