If you are severely injured, we can come to you
How much money will I draw while I am out of work? For most employees, the compensation rate equals 66-2/3% of the claimant's average weekly wage but not less than $75.00 per week and not more than $681.48 per week. The compensation rates are different for certain classes of employees such as the state and national guards, volunteer firefighters, rescue squads, volunteer sheriff's deputies, volunteer state constables, inmates and students.
If you have worked for the employer for a year or more, the average weekly wage will be based on the earning during the 52-week period immediately preceding the injury.
If an employee has worked for the employer for less than 52 weeks, the average weekly wage is calculated by dividing the total wages earned during his or her employment by the number of weeks that he or she has worked.
If this type of calculation would be unfair to either the employee or the employer, other methods can be used to calculate the average weekly wage.
It depends on what type of injury you have. Each type of injury is designated a specific number of maximum weeks available to be paid to the employee through the South Carolina statutes.
Please note that once a doctor releases you back to work, the weekly benefit checks will usually stop. Sometimes, the weekly checks may continue if you were released with work restrictions and your current wage is less than what you were earning at the time of your injury. In this case, you may continue to receive weekly benefits, but they will be in a reduced amount.
Please note that unless there are special circumstances, no injury will allow benefits to be paid out for more than 500 weeks.
An injured employee is entitled to have his medical bills paid from the date of the injury until he has reached maximum medical improvement.
There is a seven day waiting period. If an employee is out of work for less than 14 days, the temporary total or temporary partial compensation benefits will not start until the eighth day after the injury.
If an employee is out of work for more than 14 days, then the benefits will be paid from the day of the injury until such time as the employee is able to return to work.
Under the South Carolina Workers' Compensation statutes, an employee who claims that he or she has been injured on the job is required to submit to an examination and treatment by qualified physician designated by and paid for by the employer.
If the employee refuses such treatment, the employee will be barred from further compensation from the employer unless the Commission finds that the refusal is justified.
An injured employee should first look to his or her employer for compensation for the injuries.
The employee can also file a 3rd Party Claim against the person who caused the injury and collect damages from the at-fault party.
Please note that the Workers' Compensation Insurance Carrier is entitled to be paid back any sums that it has paid towards the claim.
Yes, they are responsible. However, the insurance company for the at-fault driver normally will not pay any bills or reimburse you until you reach a settlement of your claim.
In some instances, the at-fault driver may not have enough insurance to cover your damages, or they may not have any insurance at all. If you have added underinsured or uninsured motorist coverage, you can file a claim against your own insurance policy .
Usually, you should go ahead and file with your own health insurance company.
In most cases, you will have to pay the company back for the sums that the health insurance company paid on your behalf if you reach a settlement for your claim.
Can my doctor or other health provider turn my account over to a collection agency even though the at-fault driver's insurance company is ultimately responsible for paying the bill?
Yes, and the provider will often do so.
It is important for you or your attorney to get in touch with the health provider and make payment arrangements.
This answer depends on many factors, so it is important to contact an attorney as soon as you realize that you would like to pursue a claim.
Unfortunately, if you wait too late, the statute of limitations may expire, and you will not be entitled to any recovery.
Read this article written in part by Ronnie M. Cole in the DWI Journal
08/18/2009
Read this article in the DWI Journal
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