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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 perfect this defense, Defendants have...

Brief:

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...

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 are married...

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 (doctor's appointments, testing, PT) and...

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 initial provider like an urgent...

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. Code Ann. 42-15-60 Nonetheless, claims are...

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...

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. Note: It is standard for the employer to ask you take a...

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 with your employer and continue...

Yes, as long they follow very specific rules. When you have a claim and the carrier is covering your medical expenses, the adjuster or Nurse Case Manager 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...