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I Was Hurt At Work. When and How Should I Tell My Employer?
Smith & Jones Law, LLC

If you are hurt at work, then workers’ compensation is typically the exclusive remedy for your on-the-job injuries. In an effort to make sure that you have the best opportunity to get treatment and fair compensation for your injuries, notifying your employer is a very important first step.

In South Carolina, an injured worker is required to give notice of an injury immediately after an accident, or as soon thereafter as practicable. In fact, no compensation shall be payable for a work-related injury unless notice is given within ninety days after the occurrence of the work-related injury or death, unless reasonable excuse is made to the South Carolina Workers’ Compensation Commission for not giving timely notice and the Employer doesn’t suffer prejudice.


Many injured workers sustain an injury and hope that it will resolve in a day or two. The injured worker often fears making waves with his employer or simply believes that the injury is minor and will resolve in time. Often, these injuries linger on and ultimately cause the injured worker to require treatment, and worse, to miss time from work.


It is important to realize that the longer you wait to notify your employer of an injury sustained at work, the more likely you are to see your claim get denied. Failure to timely notify your employer of your injury can lead to a denial of your claim, prolonged litigation, and delays in treatment. It is always best practice to notify your employer immediately following your injury no matter how minor you believe your injury to be. If possible, you should always attempt to document your notice to the employer. A simple text message or notation in your file describing your injury can go a long way towards obtaining your workers’ compensation benefits.


If you’ve sustained an injury at work and feel you should be receiving benefits, then talk with an attorney to discuss your rights and to answer any questions that you may have. Contacting an attorney as soon as practical is one of the best ways to protect your rights and ensure that you are being compensated properly.


If you would like to speak with an attorney regarding your on-the-job injury, please do not hesitate to contact us at 803-996-3333.


Note: In cases regarding repetitive trauma and occupational exposure injuries, there are special rules regarding notice to your employer. If you’ve sustained a repetitive trauma or occupational exposure injury, it’s best to sit down with an attorney to further discuss your rights and obligations.


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WHAT ARE THE DIFFERENT TYPES OF AUTOMOBILE INSURANCE COVERAGE, AND HOW CAN THEY BENEFIT YOU?

By Jake Smith • 02 Feb, 2023
What is liability coverage, uninsured coverage and underinsured coverage? Many people know what liability coverage and uninsured coverage are but don’t understand what underinsured coverage is and why they should have it. LIABILITY COVERAGE Liability coverage is coverage purchased to protect an at-fault driver in an accident by providing coverage that compensates the people they injure in an accident. In South Carolina the minimum liability coverage for automobile insurance is $25,000.00 per person or $50,000 per accident for bodily injury and $25,000.00 per accident for property damage per S.C. Code Ann. § 38-77-140. With minimum limits coverage, no person who was injured will get more than $25,000.00 in compensation for their injuries, medical bills and/or lost wages and the liability insurance carrier will not pay more than $50,000.00, in total, for injuries, medical bills and lost wages regardless of how many people were injured in an accident. Also, under minimum limits coverage the liability insurance carrier will not pay more than $25,000.00 in property damage no matter the number of vehicles or amount of property damaged. Often, minimum limits coverage is insufficient to fully compensate those injured in auto accidents by an at-fault driver and can leave an at-fault driver exposed to being sued by injured parties seeking proper compensation from the at-fault driver’s personal assets. Those who wish to better protect themselves, especially people having significant assets, should consider purchasing higher limits of coverage. ________________________________________________ What if you are severely injured by a driver who had no coverage or insufficient coverage to fully compensate you? You can file a lawsuit and go after their personal assets, however often drivers with no coverage or minimum limits have very little in personal assets to help compensate you. So, what can you do? If they have no insurance you can look to your own uninsured motorist coverage on your policy. If they have coverage but it is insufficient to fully compensate you, you can look to underinsured coverage on your policy, if you have it. UNINSURED COVERAGE What happens when you are hit by a driver that has no liability insurance covering them or the vehicle they were operating? Uninsured coverage is required coverage per S.C. Code Ann. § 38-77-150 for every automobile insurance policy issued in South Carolina. Uninsured coverage is required in the same amounts as liability coverage. This coverage applies when someone is injured by someone not having liability coverage on the vehicle they are operating or covers them while operating such a vehicle. It is the injured person’s own coverage that compensates them. Uninsured coverage for property damage does allow for a deductible/exclusion of the first $200.00 in damage. There are rules on filing lawsuits related to uninsured coverage and making recoveries. There are also circumstances where an injured party may be able to “stack” uninsured coverage on different vehicles to allow greater compensation. To properly discuss these issues and how they may apply to you it is best to speak personally with an attorney. Please contact us at 803-996-3333 for a free consultation if you would like to speak personally with one of our attorneys. UNDERINSURED COVERAGE What happens when your injured by a driver who has liability coverage but it is not enough to fully compensate you for your injuries or damage to your property? Hopefully you have underinsured motorist coverage to help compensate you for your injuries and damages. Underinsured coverage is coverage that applies after an injured party has exhausted the liability coverage for an at-fault party. In South Carolina, the amount of your underinsured coverage is an additional amount of compensation above the liability coverage(s) that you can have that will allow you to try to fully compensate yourself for your injuries and damages. Underinsured coverage is an optional coverage that must be offered to you in South Carolina pursuant to S.C. Code Ann. § 38-77-160. Underinsured coverage is often not that expensive and offers you a better chance to protect/compensate yourself if you sustain serious injury. You must be offered this coverage, up to your liability limits, by your automobile insurance carrier, but it is usually possible to buy varying amounts of underinsured coverage. Underinsured coverage must be offered in a way that is “meaningful”. This means there are rules on how this coverage is offered and explained to you. If your carrier fails to give you a “meaningful” offer of underinsured coverage you may still have a right to such coverage if you are injured by a driver with insufficient coverage to fully compensate you. Like uninsured coverage, there are rules for making a recovery from underinsured coverage and possibly “stacking” underinsured coverage on different vehicles. Again, to properly discuss these issues and how they may apply to you it is best to speak personally with an attorney. Please contact us at 803-996-3333 for a free consultation if you would like to speak personally with one of our attorneys .

Permanent Disability In South Carolina Workers’ Compensation Claims

14 Nov, 2022
After receiving medical treatment, injured workers will often be entitled to some level of permanent disability due to on-the-job injuries. Unfortunately, injured workers in South Carolina are not entitled to pain and suffering as a result of on-the-job injuries. So, how is permanent disability calculated in South Carolina? The amount of permanent disability that an injured worker can recover depends on the severity of their injuries. There are generally three different methods of recovery for on-the-job injuries in South Carolina: scheduled member recovery, permanent partial wage loss recovery, and permanent and total disability The most common type of recovery in South Carolina workers’ compensation cases is scheduled member recovery. This recovery is based on a loss of use to a specific body part. The value for each body part in South Carolina is different. Awards are typically received based on a percentage loss of use of a specific body part. (Example: A 10% loss of use of the shoulder [valued at 300 weeks] would result in an award of 30 weeks of compensation). It’s important to note that impairment ratings given by a doctor are not disability, but instead disability is calculated by the Workers’ Compensation Commission based on individual circumstances. An experienced lawyer can help maximize your recovery for scheduled member injuries. More complex injuries, those involving two or more body parts or 50% loss of use to the back, may qualify for a wage loss recovery. Wage loss claims in South Carolina can be either permanent partial or permanent and total. There are exceptions for catastrophic injuries, such as paraplegia, quadriplegia, and brain injury, but injured workers are limited to a maximum recovery of 500 weeks of compensation for on-the-job injuries in South Carolina. Wage loss claims are often more complex than scheduled member claims and injured workers should strongly consider obtaining legal representation in dealing with the intricate difficulties that typically arise in wage loss claims. If you’ve been injured in a work accident and would like to speak with an attorney regarding your on-the-job injury, please do not hesitate to contact us at 803-996-3333.
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