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While at work, employees should feel safe and have spaces that are free from danger. Unfortunately, the nature of some jobs as well as unintentional accidents can lead to workers being injured. When this occurs, employees are entitled to worker’s compensation benefits to cover the costs of their injuries. However, receiving these benefits might not always be easy. Charleston workers’ compensation attorney E. Lindsay Blanks assists employees with filing claims so that they receive the benefits they need, and are entitled to, for their injuries. With over 30 years experience, Mr. Blanks has helped thousands of clients in pursuing action against an unjust insurance company or employer. If you or a loved one has suffered a workplace injury in South Carolina, E. Lindsay Blanks PA law firm is here to fight for your rights. Contact our office today at (843) 863-1800 or online to schedule a no-fee consultation to learn more about how we can help.
South Carolina employers with more than four employees are required to carry workers’ compensation insurance. If an employee suffers an illness or injury on the job they are required to file a workers’ compensation claim before any other legal action. Generally, there are no other legal remedies aside from seeking workers’ compensation benefits, such as pursuing personal injury litigation, available in these situations. The South Carolina Workers’ Compensation Commission oversees workers’ compensation claims. Laws regarding workers’ compensation are complicated and contain strict procedural rules. Consulting an experienced workers’ compensation lawyer in Charleston is important to make sure your rights are advocated for.
If you are hurt at work, you have the right to file a workers’ compensation claim to receive benefits to aid in your recovery. Employees are entitled to be compensated for their medical care, any lost wages, and disability that results from a work-related illness or injury. In South Carolina, as a no-fault state, you are entitled to these benefits even if you were responsible for the accident leading to your injury. Certain limited exceptions to this apply – such as if the worker was under the influence of drugs or alcohol or intentionally caused an injury-inducing accident.
Even though it may be intimidating to file a workers’ compensation for potential fear of retribution, it is an important step to make sure you and your family have the financial resources necessary to cover the costs of your treatment and time out of work. It is illegal for an employer to terminate an employee for pursuing a workers’ compensation claim in South Carolina. If you believe you are being retaliated against for filing your legitimate claim, Charleston workers’ compensation attorney Lindsay Blanks will fight on your behalf.
Once an employee is out of work due to a job-related injury for seven days, they are entitled to receive two-thirds of their average weekly wage until they are cleared by their treating physician to return to work. Under South Carolina law, employers choose the treating physicians for employees injured on the job. Sometimes this can lead to a conflict, in which case the Workers’ Compensation Commission may use its discretion to order further assessment or treatment from alternate medical professionals.
In a workers’ compensation case, a point arises where a doctor declare that the employee has acheived maximum medical improvement (MMI). MMI means that, in the doctor’s opinion, no further medical treatment will lessen your impairment. This assessment is notable in workers’ compensation claims because it then starts distribution of funds in a settlement for permanent disability compensation – and halt the weekly payments an employee is receiving for their temporary total disability. This is a pivotal part of a workers’ compensation case also because it can stop your right to receive payments for medical care from your employer’s insurance. However, you might have a right to post-MMI care in certain situations. At this critical stage it is imperative you have a knowledgeable legal advocate on your side to make sure you continue to receive the care you need.
Charleston workers’ compensation lawyer Lindsay Blanks established E. Lindsay Blanks PA Law Firm in 1989 and has been committed to serving injured employees throughout his career. Our firm has become one of the most respected legal practices in South Carolina and remains dedicated to our clients throughout the state. If you have questions about your workers’ compensation claim Mr. Blanks is available to help you determine your legal rights. We represent clients throughout South Carolina, including Charleston, North Charleston, Summerville, Goose Creek, Ladson, Hanahan, Moncks Corner, Mt. Pleasant, and Kingstree. Contact our office today at (843) 863-1800 or online so we can get started with your case.