Workers Compensation Attorney Columbia SC

Best & Flatt, P.A., Experienced Workers Compensation Attorney in Columbia SC.  803-252-1800.

Generally, employers in the state of South Carolina which have 4 or more employees are obligated to carry workers’ compensation insurance.   If an employee is hurt on the job as a result of an accident, they are entitled to file a workers’ compensation claim.  They have 90 days to report the injury to their employer, and there is a separate statute of limitations within which to actually file the claim with the state Workers’ Compensation Commission.  If the claim is accepted, the employer’s insurance company should pay for all causally-related medical treatment.  They have the right to choose your medical providers, and it is important that you consult with an attorney who has some knowledge of the various physicians in the area so that action can be taken if inappropriate physicians are chosen to treat you.

The theory behind workers' compensation laws is to compensate an injured worker in a fair and expeditious manner, without the necessity of proving that the injury was due to the employer’s negligence, in order that that the worker can quickly get the medical treatment he needs and draw the compensation he deserves, and get back to work if at all possible.  Unfortunately, all too often the employers and their insurance companies are instantly contentious to an injured worker, and wrongfully deny the benefits the system is designed to administer.  This is one reason it is a good idea to seek legal representation as soon as possible after you are injured, in order that your attorneys can begin the process of investigating and processing your claim before problems arise.

If the authorized treating physician states that you can not work as a result of your injury, you will be qualified to draw temporary total disability payments (TTD), subsequent to a 7 day waiting period, equivalent to two-thirds of your average weekly wage.  If the doctor places you on light duty, and there is no light duty available, you should also draw TTD benefits.  After you have reached the point of maximum medical improvement (MMI), and if you are still having symptoms as a result of the injury, we will ask the doctor to appoint you the appropriate permanent impairment rating, which we then use to help negotiate a settlement for any permanent disability you have experienced.  If the case cannot be settled, or if the claim was denied at the outset for what we believe to be an invalid reason, we will typically request a hearing by filing a Form 50 with the state Workers’ Compensation Commission.

Workers’ compensation cases can be quite complex.  They are also very form driven.  Without proper knowledge of the numerous time limitations, as well as the proper use of the Commission forms and regulations, potential difficulties could imperil your case.  It is important to choose an attorney as soon as possible after the injury, who has thorough experience in handling workers’ compensation claims, so that your rights can be correctly protected, and your claim can be handled in a manner which is advantageous to you. 

If you are in need of an attorney for a workers' compensation case, personal injury case, wrongful death case, or any other type of personal injury case, please give Best & Flatt, P.A. a call at 803-252-1800 or visit their site.