Workers Compensation Attorney Columbia SC Info

Determining ‘Awards’ in Workers’ Compensation Claims

workerscompensationattorneycolumbiasc — Tue, 24 May 2011 02:47:34 +0000

Workers’ compensation claims can be very complex. As one example:

Each body part is assigned a certain number of weeks by statute. For example, the arm is considered to be worth 220 weeks.

Therefore, if one of our workers’ compensation clients is deemed to have a 10 percent disability to the arm, he would receive an award of 220 weeks of compensation. There is a lot more that goes into a workers compensation attorney handling a case than that, but this is an example of what we injury lawyers deal with in these cases.

Workers’ Comp: Repetitive Trauma

workerscompensationattorneycolumbiasc — Tue, 01 Jun 2010 20:58:02 +0000

I just received a call from a woman who works for a local industry and has developed tendonitis in one of her wrists. This is what we injury lawyers call a “repetitive trauma” case. In other words, there is no one-time accident at work that results in an injury, such as lifting a heavy object. Instead, the injury happens over time.

These claims are covered under our workers’ compensation laws, but a workers’ compensation attorney such as myself is typically going to want a doctor to relate the condition to the employment before taking on the case. This is what I told this particular client, and hopefully they will get back to me with a letter from their doctor.

Workers’ Comp: Doctor Troubles

workerscompensationattorneycolumbiasc — Tue, 01 Jun 2010 20:47:05 +0000

I have a workers’ compensation case now where the man was seen by two orthopedic surgeons prior to coming to me who have both said they can’t find a whole lot wrong with him. Unfortunately, my client is having a lot of problems, and at least one of the surgeons is notorious among accident lawyers for always saying that nothing is wrong with the patient.

This really makes my job as a workers’ compensation attorney a lot harder because the insurance carrier would be well within their rights to deny any further treatment. I am working on getting some clarification from one of the doctors and trying to convince the carrier to pay for another opinion.

Workers’ Comp: Employment Law

workerscompensationattorneycolumbiasc — Wed, 19 May 2010 13:16:08 +0000

Received a call today from a woman who had been let go by her employer due to excessive absences. She claimed that the reason for the absences was sickness she had contracted from her job. This is what we workers’ compensation attorneys call an “occupational disease”.

It’s possible to recover for these in certain circumstances. Whether the employer violated laws in firing her would be more of an employment law question, which is not something I handle. As an injury lawyer, I try to focus my practice on what I do best.

Workers’ Comp Problems

workerscompensationattorneycolumbiasc — Fri, 14 May 2010 14:28:44 +0000

Just got a call from a nurse case manager on one of my workers’ compensation files. My client has recently seen the orthopedic surgeon who was selected by the insurance company, and who ordered an MRI of my client’s knee.

The insurance company is now refusing to authorize the MRI for some unknown reason. They are saying it is only a shoulder claim. This is the kind of thing we workers’ compensation attorneys deal with all the time. It’s entirely possible that we will have to request a hearing in this case and put it before a workers’ compensation Commissioner. We injury lawyers do have a role to fill in these cases.

Workers’ Comp: Medical Treatment

workerscompensationattorneycolumbiasc — Wed, 14 Apr 2010 13:16:45 +0000

One of the things we workers’ compensation attorneys have to deal with is making sure our clients get the appropriate medical treatment.

The employer and the insurance company have to approve any medical treatment, which can sometimes result in delays. Usually, once a physician has been authorized, the carrier will pay for any treatment that is prescribed by him, but occasionally, they will balk at that and we have to get involved.

Occasionally we have to request a hearing before the Workers’ Compensation Commission just to get treatment authorized. It’s the kind of thing we accident lawyers are paid to do, and we’re happy to do it for our clients.

Workers’ Comp: Temporary Total Disability

workerscompensationattorneycolumbiasc — Mon, 05 Apr 2010 13:19:31 +0000

Temporary total disability payments (TTD) are commenced in a workers’ compensation claim after a 7-day waiting period.

In other words, if a claimant misses less than 7 calendar days of work, he is not owed any TTD benefits. Even if he’s not owed any TTD, the medical benefits will continue until released from the doctor, and if there is any permanency, that will be paid as well.

Contact a workers’ compensation attorney, or accident lawyer, such as Best and Flatt, P.A., in Columbia, SC if you have any questions about these or other issues.

Pain and Suffering

workerscompensationattorneycolumbiasc — Wed, 31 Mar 2010 13:53:05 +0000

I just had a conversation with a client who was not happy about the fact that her workers’ compensation claim does not include damages for pain and suffering.

The workers’ comp laws are set up in such a way that the recovery is based upon degree of permanent disability, but does not include pain, suffering, and inconvenience. The recovery is generally less than what we receive in negligence cases, such as automobile accidents, but the good thing is that you don’t have to prove fault, or liability, in a comp. case.

As both an injury lawyer in Columbia, SC, as well as a workers’ compensation attorney, this is something we deal with on a daily basis.

Possible Workers’ Comp Claim

workerscompensationattorneycolumbiasc — Thu, 25 Mar 2010 13:30:09 +0000

“Meteorologist OK after plane crash”

It does not appear that this person was on the job at the time of her accident, so there would not be a workers’ compensation claim arising out of this accident. The flight instructor, on the other hand, if injured, could possibly file a workers’ comp claim against his employer. Furthermore, if there was any negligence on the part of the instructor or his company, the meteorologist, if injured, could pursue a third-party liability claim.

As a personal injury and workers’ compensation attorney in Columbia, SC, these are the kinds of issues we address on a regular basis.

Workers’ Comp: Total and Permanent Disability

workerscompensationattorneycolumbiasc — Wed, 30 Dec 2009 14:19:26 +0000

If a client qualifies for total and permanent disability under our workers’ compensation laws, he/she is entitled to 500 weeks of compensation, plus lifetime accident-related medicals. The “commuted value” of such an award of the 500 weeks is the present-day value of the payments if paid in a lump sum today.

In other words, the 500 weeks is reduced to a lower amount if paid today to reflect inflation, etc. If we settle such a case on a clincher, or full release, we want to take into account the commuted value of such an award, factor in the risk of going to trial and not getting an award of total and permanent disability, and also factor in some cost for the future medicals we will be giving up.