A difference of just 2% might not sound like much, but it can make a huge difference in deciding how much an injured worker will receive under South Carolina’s scheduled-member workers’ compensation statute. This is because a worker who has suffered 50% of more loss of use of his or…
When an employee is hurt at work, he or she is usually limited to benefits available under the workers’ compensation laws. Such benefits typically include past and future medical care, temporary disability, or permanent disability payments. Under the “exclusive remedy doctrine,” the employee cannot file a traditional negligence lawsuit against…
Many issues can arise in a typical workers’ compensation case – disputes concerning the nature and extent of the employee’s injuries, whether the employee is able to return to work following an injury, and the amount of compensation to which the employee is entitled if he or she suffers from a…
When an employee is hurt on the job, and a permanent injury results, he or she is usually assigned an “impairment rating” under the American Medical Association’s Guides to Permanent Physical Impairment. The workers’ compensation commission – and the court, if the matter proceeds further through an appeal – uses…
Under South Carolina law, a person who is injured in the course and scope of his or her employment may file a claim seeking workers’ compensation benefits, such as temporary disability benefits, permanent disability benefits, and medical benefits. If a claim is denied by the employer’s insurance company, the injured…
Under South Carolina workers’ compensation law, employees who are injured in the course of their employment are entitled to certain benefits, such as the payment of medical expenses and disability payments. While workers’ compensation cases are supposed to be less contentious than tort cases alleging negligence, they are not always…
The appellate process is designed to provide efficient and meaningful review of the decisions of lower courts and administrative tribunals. Of course, even when things run smoothly, an appeal can lengthen the time that it takes to resolve a dispute. When an appeal does not follow the usual course, however,…
Timeliness is important in any injury case, be it a negligence action or a work injury case. In addition to the statute of limitations for filing a claim in a court of law, there may be a requirement to give formal notice in some situations. For instance, giving notice of…
Most workers in South Carolina are entitled to receive workers’ compensation benefits if they are injured in an accident arising out of and in the course of their employment. These benefits include not only necessary medical treatment but also partial reimbursement for lost wages while a worker is temporarily unable…
When an employee dies as a result of a work-related injury, his or her dependents are entitled to receive compensation in most cases. However, if an employee who is injured on the job dies from unrelated causes while his or her case is pending, the situation can be much more complex. A…