Some South Carolina workers’ compensation cases involve the issue of whether a particular injury was work-related or whether the employer has a valid defense against the employee’s claim. Sometimes, however, the real fight is not between the employer and employee, but between other parties. For instance, this can happen when…
When someone is hurt at work and files a South Carolina workers’ compensation claim, one of the issues that must be determined is the claimant’s average weekly wage. Usually, this is fairly simple: just add up the worker’s earnings for the past year and divide that number by 52. Of…
South Carolina workers’ compensation cases can sometimes drag on for years, especially if the injured worker allegedly suffers subsequent injuries to the same part of the body. Not all such litigation is pursued by the injured worker against his or her employer, however. Sometimes, multiple insurance companies seek the courts’…
When an injured worker files a South Carolina workers’ compensation claim, he or she may be entitled to several kinds of benefits. These benefits may include paid medical care, temporary total disability, and/or permanent partial or permanent total disability payments. The amount of money that the claimant ultimately receives is…
Under the law of South Carolina, employers who do business in the state must provide a way for injured employees to receive the benefits to which they are entitled upon the filing of a South Carolina workers’ compensation claim. There are generally two ways in which this can be accomplished.…
A South Carolina workers’ compensation case can be very challenging. Even though these laws were purportedly put in place to protect employees and their families against financial hardship due to a work-related injury or death, many workers’ compensation insurance companies will fight hard to avoid paying a claim. There are…
In a South Carolina workers’ compensation case, an injured employer has certain obligations that must be complied with before he or she can receive benefits from his or her employer or its insurance company. Among these requirements are a timely reporting of the injury and the filing of certain paperwork…
Under South Carolina workers’ compensation law, a person who is hurt while performing his or her duties at job may file a claim for workers’ compensation benefits. While less generous than the personal injury damages potentially available to a person who is hurt by another’s negligence (in a car accident,…
In a South Carolina workers’ compensation case, the burden is on the injured worker to prove that he or she was injured or became ill due to his or her employment. Once this has been accomplished, the obligation then shifts to the employer to provide the benefits to which the…
There was a time when an employee had to make out a case of negligence if he or she sought monetary compensation following an accidental injury at work. Nowadays, however, there is a workers’ compensation program in place that does not require proof of negligence or fault against the employer.…