Terminated on light duty? What’s next?
You may have work restrictions after an accident on-the-job. Doctors give patients "work restrictions" to prevent additional injury. If your employer cannot accommodate those restrictions, the carrier must start to pay weekly benefits after 14 days. (TTD) If...
Implications of Conterras v. St. John’s Fire District:
In this 2024 WC case, the South Carolina Court of Appeals found the Claimant only sustained an injury to one body part-his right shoulder; making him unable to successfully pursue he a wage loss claim.
Conterras Facts:Mileage in a SC workers’ comp. claim
In SC, claimant's are to be reimbursed by the WC insurance carrier for mileage they drive to and from doctors' appointments. Mileage rates vary from year to year depending on the price of oil and gas....
What if my Employer is Uninsured?
In South Carolina the Worker's Compensation Commission only has jurisdiction over employers who have or should have had WC insurance. The statute on point explains, the Commission lacks jurisdiction over a “person who has regularly employed in service less than four employees in the same business within the state.” S.C. Code...
Brailey v. Michelin N.A. Inc. – SC Supreme Court 2024 (Workers’ Compensation Decision)
Procedural History: Isaac D. Brailey, the claimant, filed for workers' compensation benefits against Michel-in North America, Inc. The South Carolina Workers' Compensation Commission denied Brailey's claim on four grounds. (1) Michelin proved the "fraud in the...
The affirmative defense of “Willful Intent”
There are four statutory affirmative defenses to a WC claim in SC. They include: 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 perfect this...
Decision on Repetitive Motion: Brooks v. Benore Logistics Systems, Inc.,
In June 2016, Brooks began working as a "switcher" truck driver for Benore. 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...
Workers’ Compensation and Surveillance
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...
Workers’ Compensation Weekly Benefits (TTD)
If your doctor imposes work restrictions your employer cannot accommodate, then you will be entitled to weekly workers' compensation TTD benefit from the carrier, if your claim is admitted. Typically, these restrictions must be imposed by the doctor authorized by the...
Injured at work? What to do next…
First steps after an injury occurs:
If you are injured at work in South Carolina, there are steps that need to be taken immediately: First, report your accident to your supervisor or someone in HR as soon as it occurs. If your...