WHAT IS A WORKERS’ COMPENSATION CLAIM?

          Every employer in South Carolina that has 4 or more employees regularly employed is required by law to have workers’ compensation coverage. Some of them don’t have that coverage, however you may still be able to process a workers’ compensation claim if you move rapidly to do so. Most employers with 4 or more employees do carry workers’ compensation coverage and, on it’s face, it appears to be rather simple. If you attempt to process a workers’ compensation claim on your own - without an attorney - then you will soon find that you meet many obstacles along the way. One of the biggest obstacles is that employers or workers’ comp carriers will send you to a very conservative doctor who cares little or nothing about your injury. Payment to that doctor comes from the workers’ comp carrier or the employer and you will soon find out that they are sending you back to work on restrictions or saying that your problem didn’t arise from an injury to start with. If that occurs, you need to immediately call a lawyer. You need a lawyer who has experience in workers’ compensation claims. Luke Elrod, at Elrod Pope Law Firm, has been practicing workers’ compensation law in South Carolina since 1972. David Benson has practiced workers’ compensation law in South Carolina since 1989. Also, Harold Staley has practiced workers’ compensation law in South Carolina and North Carolina since 2002. Their combined experience in workers’ compensation is 64 years.

          There is no charge to find out what your rights are under the South Carolina Workers’ Compensation Act. Call (803)324-7574 and ask for one of the above attorneys. If you are out of state, call 1-800-324-7574. There is no charge for either a telephone or an in-office consultation. All three attorneys travel throughout the state of South Carolina litigating workers’ comp claims.

          Workers’ Compensation claims usually result from a “physical injury.” Most people think that means that you have to fall and someone see you fall, cut your finger off at work, etc. to have a workers’ comp claim. Certainly, these are workers’ comp claims; however, invisible results from a physical injury are also workers’ comp claims. If you do a repetitive job, you could repetitively injure your back, neck, left or right arm, left or right leg, etc. A repetitive injury is just as real as any other injury in South Carolina.

          Mental injuries are real also; however, they are much more difficult to prove. You must prove “unusual stress or exertion on the job and/or a physical injury precipitating a mental problem.” A skilled attorney can explain this to you.

          As you attempt to deal with a workers’ comp claim in South Carolina, there are many ways that you can work within the system to get the best results for your injury - similar to the ways that the workers’ comp carriers and employers manipulate the system to try to diminish or eliminate your workers’ comp claim. If you go forward in that process with no attorney, at some point, you will face an attorney representing the workers’ comp carrier at a hearing. No settlement of a workers’ comp claim can take place with an unrepresented claimant unless the workers’ comp carrier has a lawyer present at the hearing. Obviously, if you go to a hearing and face a skilled lawyer representing the insurance company, you have one foot in the grave to start with.

          There are many ways to change the workers’ comp process as you face denials by the workers’ comp carrier, obstacles with doctors they send you to and continue having pain and physical problems after their doctor treats your injury. You need to prepare for these problems in advance by talking with an attorney early. The attorneys at Elrod Pope Law Firm would gladly talk with you and give you recommendations about how to proceed in your claim.

WHAT DO I NEED TO DO IF I AM INJURED ON THE JOB?

           Immediately report your injury to someone in a supervisory capacity and at least write down on a calender at home the name of the person you reported it to, the time and date you reported it and what you told them. If you develop carpal tunnel syndrome, low back problems, knee or elbow problems and/or other joint problems doing a repetitive job, then you are suffering, perhaps, “an accidental injury” every day you work. Once the problem becomes symptomatic enough to go to a doctor, then you need to make sure it has been reported to your supervisor in the past or on that date. At times, you may need to go to a doctor on your own with your health insurance - if the employer does not send you to an appropriate doctor or if you cannot get the physical help that you need from a workers’ comp doctor. However, you should consult with an attorney at Elrod Pope Law Firm before you take any steps - other than reporting the injury. You also should consult with an attorney before making a statement to the insurance carrier, etc.

          The lawyers at ELROD POPE: Luke Elrod, David Benson and/or Harold Staley, will provide a free consultation and talk with you over the phone, if necessary. Many times, a person does not understand that there are many types of accidents and/or occupational diseases which may be the subject of an workers’ comp claim. Attached hereto are some of examples of common types of job injuries; but, there are many more.

Call us today at 803-324-7574 or toll free at 1-800-324-7574.

COMMON TYPES OF ON THE JOB INJURIES:

A. Accident examples include:

• Injuring your back while lifting.
• Injury resulting from a fall.
• Cuts or burns from operating equipment.
• Inhaling a harmful gas or fumes while cleaning equipment.
• A heart attack while engaging in unusually demanding work.
• Repetitive stair climbing.
• Repetitively getting in and out of a vehicle.
• Overuse of non-injured body part after a workers’ comp injury to another body part.

B. Repetitive Trauma examples include:

• Carpal tunnel syndrome.
• Latex allergy and/or systemic latex allergy.

C. Mental examples include:

• Depression related to chronic pain and incapacity to work from an injury.
• A mental breakdown from unusual or extreme stress and exertion at work.

D. Occupational Disease (Disease caused by conditions at work) examples include:

• Silicosis from prolonged exposure to silicon dust.
• Nurse contracts Hepatitis C from contaminated items.
• Asbestosis.

24 hour Personal injury hotline: (800) 324-7574.

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice not the formation of a lawyer/client relationship.