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Yes. Unlike other practice areas, your workers compensation attorney will not receive payment until you get a lump sum payment from the carrier. That means you will not be charged an hourly rate or an up- front retainer. Instead, your attorney is paid on a commission fee basis. Thus, only after the...

Yes. Before I write any further, injured workers should always tell their employers as soon as possible about an on-the-job injury! Having said that what if you did not immediately report a claim to your employer? https://www.kphippslaw.com/steps-to-take-post-accident/ In South Carolina, employees have 90 days from the date the accident occurred...

Yes, as long they follow very specific rules. When you have an admitted claim, the carrier is covering your medical expenses. https://www.kphippslaw.com/medical-treatment-in-a-wc-claim-in-sc/ In these circumstances, 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...

There are TWO possible reasons why you are not receiving WC benefits; namely medical and indemnity benefits. https://www.kphippslaw.com/medical-treatment-in-a-wc-claim-in-sc/

First, the carrier's insurance adjuster may not have reviewed your claim yet. Unfortunately, this situation happens far too often to injured workers in South Carolina. WC insurance adjusters handle hundreds...

Section 42-15-20(C) of the S.C. Code Ann. explains when notice must be given when an employee suffers a repetitive injury. https://law.justia.com/codes/south-carolina/title-42/chapter-15/section-42-15-20/ 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 repetitive...

Yes. You are entitled to Workers' Compensation benefits in SC if you have a preexisting condition IF a doctor states, “to a reasonable degree of medical certainty” your preexisting condition was aggravated or exacerbated by your accident. S.C. Code Ann. 42-9-35 https://law.justia.com/codes/south-carolina/title-42/chapter-9/section-42-9-35/. It important to always be honest about your medical history with your...

There are circumstances when an employee will be owed partial wage 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. https://law.justia.com/codes/south-carolina/2005/67/c067.html#67-504

Mediation is meeting between all parties to a claim to discuss its value with an unbiased third party known as a certified mediator. The goal of every mediation in a WC claim is to settle the claim before a formal hearing before the Commission. Mediation is mandatory in some SC claims and...

Modern Hospital Building 100% of medical treatment costs should be covered:

If you have an admitted on the job injury in SC, the insurance carrier should pay for 100% of your associated medical treatment in...

Honestly, you should not need an attorney for your SC workers' compensation claim. In South Carolina, the Workers' Compensation system is set up to provide coverage for injured employees in an efficient manner. It is no fault system, meaning even if your accident happened partially or totally because of your own negligence,...