Workers' Compensation

A major area of our practice at Attorneys Lee, Eadon, Isgett, and Popwell, P.A, involves Workers' Compensation. The South Carolina Workers' Compensation law affects the life of every worker and their family in our state. In most instances, Workers' Compensation is the sole legal remedy when someone is injured on the job.

Following are questions that we are frequently asked about the Workers' Compensation law by injured workers and the answers that we commonly give to those questions.

What constitutes an injury "on the job?"
Where applicable, an "on the job" injury is one that arises out of and is in the course and scope of one's employment.

What should I do if I am injured on the job?
In order to protect your rights, you should take the following steps if you are injured on the job.

1. Report the accident immediately to your supervisor and request medical treatment for your injuries.

2. Follow up to assure that the supervisor has completed the necessary paperwork and filed it, as required by law.

3. Obtain a copy of the paperwork and keep in a safe place, in case it its needed later.

4. Call the South Carolina Workers' Compensation Commission at 803-737-5700 to confirm that the accident has been properly reported by your employer

What does Workers' Compensation actually cover?
The Workers' Compensation law is designed to protect injured workers in the following three primary areas:

1. Authorized medical treatment at employer's expense should be provided to you if you are injured on the job at the employer's expense, if it will reasonably tend to lessen your disability.

2. Weekly benefits should be paid to you if you are temporarily disabled from work while recuperating

3. Benefits may be paid to you once you reach maximum medical improvement if your injury is permanent.

How am I actually paid when temporarily unable to return to work?
If you are "temporarily totally disabled," without interruption for more than seven days from an on the job injury, weekly benefits should be paid to you at the rate of sixty- six and two thirds percent of your average weekly wage.

If I cannot reach an agreement with my employer about the benefits owed to me, what rights do I have?
If an agreement cannot be reached with your employer about the benefits owed to you, a hearing can be requested before the South Carolina Compensation Commission.

Unlike in negligence cases, jury trials are not allowed in Workers' Compensation cases.
The hearing commissioner has jurisdiction to rule on all relevant issues. An appeal of the commissioner's decision is first taken before the entire commission and then may move to the South Carolina Court system.

Brain Damage in South Carolina Workers' Compensation Cases

What benefits are available if a member of my family has brain damage from an injury or chemical exposure on the job?
An injured worker with physical brain damage is entitled to lifetime disability benefits plus medical treatment for life if the physical brain damage causes disability.

Is brain surgery necessary to prove physical brain damage?
No, an injured worker may be able to prove physical brain damage and collect lifetime benefits even if there were no surgery. It may be possible to prove physical brain damage even if there were no head fracture. A concussion or a contusion can cause physical brain damage.

What symptoms should I look for to determine if someone might have sustained physical brain damage?
Common symptoms after an injury that indicate physical brain damage include lack of concentration, irritability, memory loss, and confusion. Frequently, family members and close friends notice personality changes.

How can I determine if these symptoms are the result of brain damage?
Usually, the first step is to be examined by a neurologist. CAT scans and MRI scans may be needed but a normal MRI or CAT scan does not rule out physical brain damage. Frequently, more sensitive tests known as neuro-psychological tests are required.

Can I receive lifetime medical benefits and prove brain damage if my MRI and CT scans are normal?
Yes, frequently MRI scans and CT scans do not detect subtle changes in the brain that produce psychological and personality changes.

What are neuro-psychological tests?
Neuro-psychological tests compare a person's level of function before and after their injury. A trained psychologist administers neuro-psychological testing. They consist of IQ tests, personality tests, functional ability testing, and a clinical interview. It can usually be completed in several hours.

How do I pay for an evaluation by a neurologist and for neuro-psychological testing?
Your employer's workers' compensation insurance company is responsible for paying all medical expenses that tend to lessen your disability. This means all medical expenses that would help you recover. If the insurance company refuses to pay for these expenses, most claimants' attorneys, including our firm, will pay for these expenses for you and will be reimbursed when the case is settled.