Workers' Compensation Lawyer near me

best workers comp lawyer and personal injury attorney

If you live in the Charleston area and you or a loved one has been injured on the job, you need an experienced Workers’ Compensation Lawyer. You want and deserve fair compensation for your expenses, lost income, pain and suffering, and any other legal amount due you. The last thing you need during a time like this is to work directly with the insurance company claims adjuster who will always try to pay you nothing or the least possible amount. Our highly skilled and experienced workman compensation attorneys can help get you the best result possible in your case.

Workers’ compensation cases are complex, they are full of traps for good, honest people who just want the insurance company to “be fair.” To get the best outcome you need a South Carolina lawyer with the skill, knowledge and experienced to fight for you. Experienced workers’ comp lawyers know that insurance companies are not interested in being fair–they are ONLY interested in the bottom line. You need an experienced workers’ compensation lawyer to fight for the benefits you are entitled to under South Carolina’s workers Compensation system. Whether you have a back injury, a shoulder injury, or a leg or arm injury if the injuries are the result of a job accident, you should call us for a free consultation to maximize your claim and get justice for your loss. Lindsay Blanks is a skilled Workers Compensation Lawyer with more than 30 years of experience with workers’ comp claims. He can help you get the compensation you deserve after a serious accident while treating you with compassion, courtesy and respect. South Carolina Workers Compensation laws are located in SC Workers Compensation laws. These claims are administered by the South Carolina Workers Compensation Commission. Unlike some of the “warehouse” law firms in Charleston (their signs are on buses and billboards), your case will be handled by an experienced lawyer, not by the temporary summer associate or secretary. We have won many different types of personal injury cases, including car wrecks, truck accidents, and workers’ compensation cases.

What our Clients Say

Prior results do not guarantee similar outcomes

$1,750,000 Settlement (Verdict for $1,250,000) For Worker Defamed

We represented a hotel worker in a jury trial in Charleston County, South Carolina who was defamed and wrongfully jailed. A Charleston County jury awarded her $1,250,000 as compensation. This nice lady was a worker at a local hotel for many years. She actually helped build the hotel and was employed while it was constructed. She came to us to get help because she had been falsely accused and jailed by her employer. We filed suit in Civil Court in Charleston county seeking compensation for her false arrest and defamation. Ultimately the jury decided that $1,250,000 was fair compensation for what her employer had done. This case was tried to a verdict and appealed to the South Carolina Court of Appeals and the South Carolina Supreme Court. personal injury lawyer We were opposed by several of the largest insurance law firms in the state. Despite the odds we prevailed at all levels. This is one of our best outcomes ever and one which I am most proud of. Not only did we help a wonderful lady get compensation–we clarified the law in South Carolina for the benefit of workers.

$150,000 Settlement

Car Accident Rear End Collision

A young Charleston woman was injured when she was rear ended by a pickup truck while she was sitting at a stop light. She had a serious back injury and largely recovered but still had some residual problems. It caused problems for her at work and caring for her children. We were ultimately able to get fair compensation for her and settled this case for fair value.

$600,000 Settlement

Fraud by local business

We represented elderly clients who invested their savings with a local company and were defrauded. These people were honest and hard working. They saved this money all their lives only to have their savings stolen. They suffered financial injury and were devastated by what had happened. They came to us to get compensation for their losses. The Defendant refused to pay. We thought the best solution was to file a lawsuit in Berkeley County South Carolina on behalf of all the people who had lost their savings. We ultimately recovered almost all of their money for them.

$350,000 Settlement

Employee Falsely accused of Stealing

This case is one of the best examples of our dedication to fighting for workers. We represented a long time (30 + year) employee of a local restaurant who was falsely accused of stealing and fired by the employer. When I interviewed him I knew I liked him from the start. He had always been a hard worker and, in 30 years, had almost never missed work. He was the classic example of the worker who was the “first to show and the last to go.” He even had a heart attack from work but did not file a workers compensation claim. We worked the case hard. As we interviewed witnesses for his lawsuit we kept hearing from witness after witness that “he was the best employee they ever had.” One witness said “he was so honest he would not take a cardboard box without asking.” Many of these witness were fellow workers who had since left the company or our client’s former managers. We filed a lawsuit in Berkeley County Civil Court for compensation for the damage and injury to his reputation. The employer hired some of the best insurance lawyers in South Carolina. Personal Injury lawyer Again we had the odds stacked against us. Again we won. We were able to get justice for this fine man. We fought hard and we were able to get this client the best outcome. Even though this was a case I was anxious to get in front of a jury, we decided that the best thing for the client was to resolve it by settlement. He is the reason I went to law school. I worked as a mechanic before I became a lawyer and I know working people in South Carolina are often treated unfairly. I am so proud that I was able to help this man. After 30 years of hard work he deserved to retire. I got him the retirement that his employer was not going to give him.

$225,000
Workers Compensation Settlement Back Injury

Workers Compensation back injury

We represented a nice lady who injured her back at work. As is our practice in workers comp cases, we subpoenaed her work records. I was struck by what one of her manager’s said about her: “She is a real go getter. She seeks out work.” These are exactly the kind of people I want to help. There is a common misconception with the public about workers compensation claims. The public thinks people who get injured at work are lazy and are trying to get money without working. I am sure there are some people like that, but most of the people injured at work that I have seen are not that way. Most workers compensation claimants just want to get better and get back to work. They have families to take care of and responsibilities. They don’t have time to be hurt. They don’t want to believe they are hurt and think it will get better if they give it time. Insurance companies know this and use it to their advantage. They pressure the doctors to release the injured worker to go back to work as fast as possible even at the risk of reinjury or making the injury worse.

At first the employer agreed she was injured at work but they refused to give her the medical treatment she need for her injuries. Even though the workers compensation insurance company’s own doctor (known as the authorized treating physician or ATP in Workers Compensation laws) the said she needed back surgery for her injury, the Workers Comp insurance company refused to schedule it and sent her for an “independent medical examination.” Independent medical examinations (often called IMEs) are often used by insurance companies in workers compensation cases to deny medical treatment to the injured worker. SC Workers Compensation laws specifically allow insurance companies to use these “independent” medical exams. Workers compensation IME insurance hired The insurance company sends the workers compensation claimant to this “independent” medical doctor who does a very short (usually 10 minutes or less) and determines, in almost every case, that the injured worker can return to work without further medical treatment. In our case this “hired gun” said she had fully recovered from her work injury and that she needed no further treatment. After they denied the additional medical treatment, I was really angry. How could they deny her the treatment the authorized treating physician (the doctor THEY picked) said she needed?

We filed for a hearing in front of the Workers Compensation Commission as allowed under South Carolina law. As part of our hearing package, we asked the SC Workers Compensation Commission for compensation for the loss of use to her back and her other physical injuries. We also asked for compensation for her future medical expenses and her loss of earning capacity. Under SC workers compensation law an injured worker can receive compensation for loss of earning capacity if one than one body part is effected by the work injury. In her case the work injury effected her back and caused pain shooting down her leg, numbness and weakness in her leg. Workers Compensation attorneys see this condition a lot–it is called radiculopathy If it is untreated the numbness can spread down the leg. This condition is usually caused by a herniated disk which does not get better without treatment. We fought hard and were able to get the Workers Compensation insurance company to pay for her surgery. We were ultimately able to secure a Workmans’ Compensation settlement in the amount of $225,000 due to her back injury. Top workers compensation attorneys know that in order to get the best outcome you have to be aggressive and relentless.

$305,000
Workers’ Compensation Settlement

Workers Comp back injury

We represented a man who injured his back at work while lifting heavy fencing items. We were able to get the workers compensation insurance carrier to authorize his back surgery and extensive treatment. Workers Compensation attorney back injury We were ultimately able to settle his workers compensation claim for $305,000.00.

$300,000 truck accident case Tractor Trailer Settlement

WOMAN INJURED BY TRACTOR TRAILER TRUCK

We obtained a large settlement of $300,00 for a woman who was injured by in truck accident lawyer collision with a big rig. The Truck was driven by a worker who did not see her. She had preexisting back problems but despite those problems we were able to resolve her case which was the best solution for her.

$195,000 Settlement Workers Comp back injury

We obtained a large settlement in a job injury case. A woman, who was a nurse suffered a back injury on the job. We were proud to have obtained an excellent result for this nice lady.

$375,000 Settlement Employee

We obtained a large settlement of $375,000 in our representation of an worker in an employment case. Our client was a military veteran who was harmed by his employer. We were proud to have obtained an excellent result for this nice man.

$90,000 Settlement

Car Accident Rear End Collision

A young Charleston woman was injured in a car accident when she was rear ended by a pickup truck while sitting at a stop light. She had a serious back injury and largely recovered but still had some residual problems. We ultimately settled this case for fair value.

$173,000 Workers Compensation back injury

We obtained a large settlement for a back injury in a workers compensation case where a grocery store employee was injured at his workplace. We were honored to have been able to help this nice man.

$290,000 Settlement Slip and Fall injury Shoulder Injury

We obtained a large settlement in a slip and fall case for a lady who suffered permanent injury to her shoulder personal injury lawyer shoulder injury when she fell at a local restaurant. We were thrilled to have obtained an excellent result for this nice lady.

$138,500 Workers’ Compensation Settlement Back Injury

Workers’ Compensation back injury

We represented a nice lady who injured her back on the job. We fought for and obtained a large Workers’ Compensation settlement in the amount of $138,500 due to her back injury.

$140,000 Workers’ Compensation Settlement Back and Shoulder Injury

Workers’ Compensation back injury

We represented a mechanic who was injured on the job. The Workers Compensation carrier initially refused to provide treatment for his back and shoulder injury even though he was clearly injured at work. He hired us as his attorney to help and we filed a workers compensation claim on his behalf. We obtained a substantial Workers’ Compensation settlement in the amount of $140,000 due to his back and shoulder injury.

$100,000 workers’ compensation settlement knee injury

We represented a waitress/server who injured her knee at on the job working for a local restaurant. We were proud to obtain a good settlement for her.

Charleston Workers' Compensation Lawyer Questions and Answers

1. What does a Charleston workers compensation lawyer charge?

If you have been hurt on the job it is best to get a workers comp attorney to help you. The Workers Compensation laws of South Carolina are complex and have many “traps” for the unwary. What do workers compensation lawyers charge? Before hiring a workers compensation lawyer you need to know the costs involved. Most South Carolina Workers compensation attorneys handle work injury claims on a contingency fees. A Workers Compensation lawyer what is a contingency fee means that you owe the lawyer nothing if there is no recovery. If there is a recovery, typically the cost is one third or 33% of any recovery. All attorneys fees must be Workers Compensation lawyer fees must be approved by the South Carolina Workers Compensation Commission. Contingency fees mean if there is no recovery there is no fee. The best way to contact us is to call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page for a free case evaluation.

2. If I receive nothing from the case will I owe the lawyer?

If there is a recovery the fee is one third or 33% of any recovery. If there is a recovery and I have spent money on your case, for example if I had to get copies of your medical records, I will also be reimbursed for my costs. If we recover nothing–you owe NOTHING.

3. Will I get paid while I am out on workers compensation?

Yes. Once you are out of work due to a workplace injury for 7 days, you are entitled to 2/3 (.6667) of your average weekly wage (retroactive to the date of injury) until the authorized treating physician says you can return to work with or without restrictions. See below for how to calculate average weekly wage and compensation rate.

4. How soon do I need to hire a lawyer?

You don’t have to hire a lawyer at all but the insurance company will have one who represents them. The best practice is to hire a lawyer as soon as you realize you have a serious injury. This will allow the lawyer to help get you the medical treatment and lost wages you are entitled to. With many injuries the longer the insurance company delays approving the treatment the harder your recovery will be. You need an experienced workers compensation lawyer who can push the insurance company to approve your treatment. Sometimes with a back injury or a “frozen shoulder” your injury actually gets worse the longer treatment is delayed. Don’t assume the workers compensation doctor to fight the insurance company to approve your treatment. Most doctors recommend treatment but that is all. If you, or your lawyer, don’t fight the insurance company to get the treatment you need you will not get it. The best way to get the treatment you need is to hire an experienced workers compensation lawyer. Call us for a FREE CASE EVALUATION at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

5. What should I do if I am hurt at work?

a)You should immediately report the workplace injury to your supervisor. This report should be in writing if possible (an email or text will do). If you report it by telephone be sure to write down the date and time of the report as well as who you spoke to.

b) You should also get a folder and begin collecting all of the medical records related to your injury. If your workplace does a report of injury you should certainly get a copy of that record.

c) You should get the names, addresses and contact information of any witnesses to the job injury.

d) You should take pictures of any bruises as well as the scene of the workplace accident if possible.

e) You need to cooperate with your employer to get medical treatment. You should agree to take an alcohol or drug test if they ask you to do so. It is standard practice for workers to submit to a drug/alcohol test after a workplace injury. If you do not agree with the test result you should contact a workers’ compensation lawyer IMMEDIATELY so that another test can be scheduled.

f) You should ask them to send you for medical treatment if you need it. If your employer refuses to send you for treatment you should contact a workers compensation lawyer immediately.

6. What are my rights under Workers Compensation in South Carolina?

Generally in South Carolina you have the right to file for workers compensation benefits if you are injured at work or hurt on the job and the injury or illness arises out of and in the course of your employment See Workers Compensation laws South Carolina Code of laws Annotated Section 42-1-160. Injured on the job? Should you file for Workers Compensation? What should I do if I get hurt on the job? Under South Carolina workers compensation laws you are entitled to medical care and to receive weekly workers compensation checks while you are unable to return to the workplace. After you have finished treating a workers compensation lawyer can also help you get a settlement of your claim. Your entitlement to these benefits is determined by the South Carolina Workers Compensation Commission after considering all of the medical and other evidence associated with your work injury. The best way to contact us is to call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page for a free case evaluation.

7. What medical benefits am I entitled to under workers compensation?

What you are SUPPOSED to receive is “medical treatment that would tend to lessen the period of your disability.” Often insurance companies refuse to provide the treatment you need to get better. Workers Compensation insurance companies get to pick the doctor you see but even then they often refuse to follow the treatment suggested by the doctor THEY picked. Your only option is to fight to get the treatment you need and deserve. The best way to get the treatment you need is to hire an experienced workers compensation lawyer. What medical benefits are you entitled to receive under workers' compensation?

8. Can I still get workers compensation if the accident was my fault?

One of the most common questions asked of workers’ compensation lawyers are asked the question: “Can I get workers Compensation benefits even if the accident was my fault?” The answer is YES. Can I get workers' compensation benefits even I caused my own work injury? Workers Compensation is a is no fault system where you are entitled to benefits even if the injury was your fault. There are a few defenses in the Workers Compensation system, such as denying benefits to workers who are intoxicated or who intentionally cause their own injuries, but for the most part, if you get injured on the job you are covered. Even if you unintentionally caused your own workplace injury, you are probably still entitled to workers’ compensation benefits in South Carolina. These benefits include medical treatment, lost wages and compensation for any permanent impairment. The best way to contact us is to call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page for a free case evaluation.

9. Can I see my own doctor under Workers’ Compensation?

South Carolina workers compensation laws allow the employer to pick the doctor who treats you for your work related injury. workers compensation question Do I get to pick my own doctor? If you are injured in the workplace you are required to use the authorized treating physician. Under the South Carolina workers compensation SC Workers Compensation regulations 67-509 if you are hurt on the job and are receiving temporary compensation benefits, “[t]he employer’s representative chooses an authorized health care provider and pays for authorized treatment.” However, section 42-15-60 of the Workers’ Compensation Act allows the Workers Compensation Commission to in case of a controversy arising between employer and injured workers, the Commission may order further medical, surgical, hospital or other treatment as may in the discretion of the Commission be necessary.

The bottom line is that the workers compensation insurance company gets to choose the doctor but if there is a dispute the Workers Compensation Commission can order different treatment by different doctors. If you have been injured on the job you need the best treatment you can get. The best way to get the treatment you need is to hire an experienced workers compensation lawyer.

10. What kind of benefits are workers entitled to under workers compensation?

If you have been injured in the workplace you are entitled to 3 main types of benefits: These benefits include medical treatment, lost wages and compensation for any permanent impairment.

Workers compensation benefits entitled

If you suffered a workplace injury and need help or have questions call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

11. Do I need a lawyer to file for a workers’ compensation claim?

If you have been hurt on the job, you may be asking yourself whether you need a workers compensation attorney to help with your claim. You are not required to have a lawyer to file a workers comp claim just as you are not required to hire a doctor to perform surgery or a dentist to work on your teeth. Do I need a workers' compensation lawyer? You probably do not need a workers compensation attorney if you did not miss any time from work or have minor injury. But if you do not fit within these limited circumstances you should probably at least consult with a South Carolina Workers Compensation attorney. Most lawyers (including myself) will give a free consultation and will tell you whether you need a lawyer to help you. You may think that back injury you have is a “pulled muscle” when what you have is actually a very serious injury such as a herniated disk. I have had clients who were told their MRI scans “did not look that bad” when in fact the MRI showed one (or more than one) herniated disk. Also the insurance company will be actively (or behind your back) fighting your claim outright or trying to reduce the value of your claim. Many insurance companies hire Nurse Case Managers to try to minimize or eliminate your medical treatment. They will also push the workers comp doctor to return you to work before you are ready. Many of the Nurse Case Managers are well intentioned and will actually help your treatment but, make no mistake, they know they work for the workers comp insurance company. I have had nurse case managers who have actively tried to interfere with my client’s treatment and to prevent them from getting the medical treatment they needed to recover fully and return to work. You should probably get a free consultation with an experienced workers comp lawyer to be sure your rights are protected. If you suffered a workplace injury and need help or have questions call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

12. What can a workers compensation lawyer do for me?

If you hire me as your workers’ compensation lawyer my first job of a is to help you get the medical treatment you need. The priority should be for you to recover as fully as possible. This means fighting for the the medical treatment you need to get better. The insurance company’s goal is to close your case as quickly and with as little treatment (and expense for them) as possible. What can a workers compensation lawyer do for me? This is why they hire Nurse Case Managers to “manage” your treatment. I want you to go back your workplace as soon as you can but not if you need further time to recover. I don’t want you to reinjure or hurt yourself worse by going back too soon.

You will sometimes need a second medical opinion to consider other medical options the workers’ comp doctor may not have considered. The second job of a workers’ compensation attorney is to get you compensation for your lost wages and lost time from work that you are entitled to by law.

The third job of a workers’ compensation attorney is to get you compensation for your impairment or disability. If you suffer an impairment to a body part, for example your back, shoulder or leg, you are entitled to a settlement from workers comp. The workers compensation lawyer can help you get a fair settlement and make sure all of the injuries from your workplace accident are considered.

13. Can I go back to my old job?

If you recover enough from your workplace injury to allow you to return to work you should certainly do so. If you cannot return to your workplace due to your injury, you and your lawyer should consider your training, education and experience to determine what alternate jobs are available to you. If I am your workers compensation lawyer, I will consider hiring a vocational expert to assess your loss of earning capacity. South Carolina Cod Ann 42-9-20 allows you to seek compensation under a loss of earning capacity if more than one body part is effected. Vocational experts are expensive and you should probably hire an expert workers compensation attorney to help. If you need help or have questions call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

14. Can you be fired while on workers compensation?

It is illegal in South Carolina for an employer to fire an employee for filing a workers comp claim. SC Code Annotated 42-1-80. “No employer may discharge or demote any employee because the employee has instituted or caused to be instituted, in good faith, any proceeding under the South Carolina Workers’ Compensation Law, or has testified or is about to testify in any such proceeding.”

The problem will be showing that the firing was in retaliation for filing the job injury claim. The employer will claim that they fired you for other reasons such as missing work, tardiness, failure to follow work rules or company policies. It will be up to a jury to decide whether the excuses the employer gave were valid.

15. What is the workers’ compensation system?

Workers’ Compensation insurance is a type of insurance which protects employees who have been injured on the job. South Carolina Law Code Ann 42-1-360 requires all employers, with very few exceptions, who have at least four employees to carry workers compensation insurance. The cost of workers compensation insurance coverage is paid entirely by employers. SC Workers Compensation laws are complex and difficult for people to understand.

16. What happens when you get a workers’ compensation lawyer?

First, we will contact the workers compensation insurance company and tell them not to contact you directly. This reduces the stress on you and reduces the likelihood you will say something which damages your workplace injury claim. If the workers compensation insurance company has hired a lawyer we will contact the lawyer as well. If there is a nurse case manager involved I will make a decision with you as to whether to allow him or her to contact you directly. The workers compensation insurance company has an experienced lawyer to help them. I say that if you do not get a lawyer to help you with your workplace injury claim you are likely to not get the best outcome.

Workers’ compensation law is complicated and the laws in South Carolina tend to favor the employer. In South Carolina there are strict procedural rules and many required forms to be filled out. For example just how and when you give your employer notice of the injury can be difficult, and if you make a mistake you can lose your claim. Even if the workers’ compensation commissioner is sympathetic and wants to help you he or she may by limited by the law. If you have a workplace injury that will take you off work for a significant amount of time or will cause a permanent disability, get a workers’ compensation lawyer. The best way to know if you need a workers compensation lawyer is to call us for a FREE CASE EVALUATION at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

17. What is the role of a nurse case manager in a workers compensation case?

A nurse case manager is a nurse (usually an RN) hired by the workers compensation insurance company to coordinate your treatment. She helps facilitate communication between all parties involved in the workers’ compensation claim, including medical professionals, the injured worker, the injured worker’s lawyer, the employer and the insurance company. In some cases it helps you for the nurse case manager to monitor and coordinate your medical treatment. Where it helps you I will allow the workers compensation nurse case manager to contact you directly to coordinate medical treatment. Sometimes Nurse case Managers are very beneficial and can help you get treatment faster and more efficiently. At other times nurse case managers do everything they can to derail your treatment and interfere with the medical treatment you need. Over my 30 years as a workers compensation lawyer I have seen excellent and terrible nurse case managers. If you have a good Nurse case manager I will work with them to help you get the treatment you need. If you have a terrible nurse case manager I will do everything I can to get her off of your workers’ compensation case.

18. What is the role of the authorized treating physician in a workers compensation case?

The authorized treating physician (ATP) is the doctor selected by the insurance company to provide medical treatment in your workers compensation case. The authorized treating physician plays an extremely important role in the workers compensation cases. The insurance company is responsible for paying the doctor. The doctor , not the workers’ compensation insurance company, is supposed to direct the treatment. If the ATP says you need a certain treatment the insurance company is supposed to provide it. Unfortunately many workers compensation insurance companies think they, not the doctor, get to decide what treatment you will receive. They will often deny or refuse to approve treatments recommended by the ATP. For example I had a workers compensation client with a back injury. The ATP, who was a real patient advocate, determined that my client needed a back surgery. Despite the report from their own doctor my client had to hire a workers’ compensation lawyer (me) to help her get the surgery the doctor said she needed. Ultimately after a fight we got a good result and the client got the surgery she needed to get better but if she had not hired a lawyer they would never have agreed. Insurance companies are not interested in “doing the right thing” or being fair. Insurance companies are ONLY interested in making money. If you are being denied treatment or “jerked around” you need a workers compensation lawyer. Call us for a FREE CASE EVALUATION at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

19. How much will I get paid under workers’ compensation in South Carolina?

Determining how much you should be paid for workers compensation in South Carolina is a two part process. First you determine what the Average weekly Wage is: Under South Carolina law 42-1-40 “Average weekly wages” means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury…”

There are some situations where this will not apply such as when the worker has has a workplace injury and has been employed less than 52 weeks before the injury. “When for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury. Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed a part of his earnings.” In that situation the commission can do what is “fair and just.” The South Carolina Workers Compensation Commission can also consider the wages earned by a “person of the same grade and character employed in the same class of employment in the same locality or community.” To make it even more complicated South Carolina Courts have interpreted the statute as requiring that the SC Workers Compensation Commission determine the person’s probably future earning capacity. See Sellers vs. Pinedale “The objective of wage calculation is to arrive at a fair approximation of the claimant’s probable future earning capacity. His disability reaches into the future, not the past; his loss as a result of injury must be thought of in terms of its impact on probable future earnings.”

Part two of determining how much you should be paid is the compensation rate. Under South Carolina law the compensation rate is your average weekly wage multiplied by .6667. Accurately determining your average weekly wage and compensation rate is a CRITICAL part or your workers compensation claim. The best way to know if you are receiving the right amount of money is to contact us is to call us for a FREE CASE EVALUATION at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.

20. When do I get paid for workers comp?

Usually workers compensation checks are paid on a weekly basis.

21. Do you claim workers comp on your taxes?

Generally workers compensation payments are not taxable in South Carolina. Under IRS code 26 U.S.C. 104 workers compensation claims are not taxable.

22. What Does MMI or Maximum medical Improvement mean?

One question that workers compensation attorneys get asked constantly is: What Does MMI or Maximum medical Improvement mean? This term has a special legal meaning under South Carolina Workers Compensation laws. South Carolina courts have stated in “Maximum medical improvement is a term used to indicate that a person has reached such a plateau that in the physician’s opinion there is no further medical care or treatment which will lessen the degree of impairment.” It does NOT mean that your disability has ended. “Thus, the fact that a claimant may have some degree of permanent impairment does not prevent the claimant from ever reaching maximum medical improvement.” Smith v. S.C. Dept. of Mental Health, 329 S.C. 485, 495 (S.C. Ct. App. 1997). It means that there is nothing more doctors can do for you to help you decrease your impairment.

23. What happens if I don’t agree with the workers’ compensation doctor?

It is risky for you to refuse to follow the recommendations of the workers’ compensation doctor. South Carolina Law Code Sec 42-1-60 states . . . . [T]he employer may, at his own option, continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept an attending physician, unless otherwise ordered by the Commission. . . . The refusal of an employee to accept any medical, hospital, surgical or other treatment when provided by the employer or ordered by the Commission shall bar such employee from further compensation until such refusal ceases and no compensation shall at any time be paid for the period of suspension unless in the opinion of the Commission the circumstances justified the refusal, in which case the Commission may order a change in the medical or hospital service.” In other words, if you refuse treatment the Workers Comp insurance company can stop your benefits until you agree or until the SC Workers Compensation Commission says you were justified in refusing treatment. What constitutes “justification” for refusing treatment is determined on a case by case basis. If you don’t agree with the workers compensation doctor you should consult a skilled workers compensation lawyer. If you need help or have questions call us at 843-863-1800, email us at lindsay@blankslawfirm.com or visit our contact us page.