There are four statutory affirmative defenses to a WC claim in SC-intoxication, statute of limitations, notice and willful intention. We examined Notice in the last newsletter. This issue we will explore the state of the law as it relates to the affirmative defense of “willful intention.” To perf...

Brooks began working as a "switcher" truck driver for Benore in June 2016. As a switcher, he was required to hook and unhook trailers to a cab up to 45-60 times during a 12-hour shift. The process included getting in and out of the truck cab up to 225 times. Duties included bending, twisting and ...

If you live in SC and die without a will, your estate would be distributed in accordance the state's intestate succession laws.  Essentially, this means your closest living relatives will take.  If you are married without children your entire estate will go to your wife. If you have children and ...

Absolutely possible. If the carrier suspects that your injuries are not as serious as you reported to the doctor, they may assign a private investigator to observe your day-to-day activities. Surveillance can take place anywhere including your home or work. It often takes place at medical visits ...

If your doctor imposes work restrictions your employer cannot accommodate, then you will be entitled to weekly TTD benefit from the carrier, if your claim is admitted. Typically, these restrictions must be imposed by the doctor provided to you by the carrier. Restrictions could come from an initi...

Report your accident to your supervisor or HR as soon as it occurs. If your accident is the result of repetitive motion, report it as soon as you have any reason to believe it was caused by your duties. It is standard for the employer to ask you take a drug test when an accident occurs. Tell y...

Yes. Unlike many other practice areas, your attorney in your WC claim will not be paid until you get paid. Once the claim is settled, your attorney is entitled to up to 1/3 of the total amount of your settlement, plus whatever costs they paid on your behalf during the life of the claim. S.C. Code...

Yes. Before I write any further, injured workers should always tell the employer as soon as possible about an on-the-job injury! Having said that, in South Carolina employees have 90 days from the date the accident occurred to report before the employer has an “affirmative notice defense.” S.C. C...

Yes, as long they follow very specific rules. When you have a claim and the carrier is covering your medical expenses, the adjuster or NCM can communicate with your doctors in person, via phone or in writing, as long as they copy you on their correspondence and/or notify you a conversation about ...

There are two possible reasons. First, the insurance adjuster may just not have gotten around to your claim yet. Unfortunately, this situation happens far too often to injured workers. WC insurance adjusters handle hundreds of files every year, so things slip through the cracks. Stay in contact w...

Statute 42-15-20(C) of the S.C. Code Ann. explains when notice must be given when an employee suffers a repetitive injury. These injuries can be compensable, but they occur over time rather than as the result of trauma. In other words, they have a “gradual onset caused by the cumulative effect of...

Yes. If you are hurt on the job, you should be treated regardless of your preexisting conditions IF a doctor states “to a reasonable degree of medical certainty” your condition was aggravated or exacerbated by your accident. It important to always be honest about your medical history, as it relat...

There are circumstances when an employee will be owed partial benefits even after returning to work post-accident. These benefits are all called Temporary Partial Disability (TPD) benefits. They continue as long as an injured worker is not making as much weekly as they were prior to the accident....

Mediation is meeting between all the parties to a claim to discuss its value with an unbiased third party known as a certified mediator. The goal of every mediation is to settle the claim before a hearing. Mediation is required in some SC claims and can voluntarily be agreed to in all. Some actio...

If you have an admitted workers' compensation injury, the insurance carrier should pay 100% of all your associated medical bills. Coverage will include surgeries, prescriptions, doctor's appointments, testing, medical equipment, therapy, etc. You should not have to pay co-pays or deductibles. You...

Honestly, you should not need an attorney. In South Carolina the Workers' Compensation system was set up to provide coverage for injured employees in an efficient manner. It is no fault system, meaning even if your accident happened partially because of your own negligence, it is usually still co...