Workers’ Compensation

Maxey McFarland Law Firm > Practice Areas > Workers’ Compensation

Workers’ Compensation

If you have been injured at work, it is important to work with an experienced workers’ compensation attorney who can help you navigate the workers’ compensation system. They can ensure that you receive the benefits you are entitled to.

Table Of Contents

    How to claim workers compensation

    The first step in making a claim for a work injury is to report the injury to your employer as soon as possible. If possible, report the injury in writing. Next, you want to make sure you get the treatment that you need. After you report your injury or illness to your employer, you are entitled to seek emergency medical treatment from any qualified healthcare provider. In South Carolina, once your condition is stable, your employer has the right to select the medical providers who will provide medical treatment for your work-related injury.

    Temporary total disability

     You may be able to receive Temporary Total Disability (TTD) payments if your injury is severe enough to prevent you from performing your job duties. To qualify for TTD benefits, you must have been employed at the time of the injury and the injury must have arisen out of and in the course of your employment. If you quality for TTD benefits, you will receive weekly payments equal to two-thirds of your average weekly wage, up to a maximum amount set by the South Carolina Workers’ Compensation Commission. Although benefit amount and duration can vary based on the specific circumstances of the case. TTD benefits are typically paid until you are able to return to work or until you reach maximum medical improvement (MMI).

    Maximum medical improvement

    Once you reach maximum medical improvement (MMI), you may be eligible for other types of workers’ compensation benefits. These include permanent partial disability (PPD) or permanent total disability (PTD) benefits. MMI and permanent impairment are two concepts that are closely related in a workers’ compensation case. MMI is a medical term that means that your condition has reached a point where it is unlikely to improve significantly with further medical treatment.

    This does not mean that you are fully healed or that you are able to return to work without restrictions. But rather that you have reached a point where your condition is stable. Once you have reached MMI, your treating physician will assess your level of permanent impairment, if any. Permanent impairment refers to the permanent loss of function or use of a body part or system, which is often expressed as a percentage of impairment. The assessment of permanent impairment is important because it helps determines the amount of compensation you may be entitled to receive for your injury or illness.

    Scheduled members

    In South Carolina, most injuries will be to “scheduled members.” This refers to specific body parts that are assigned a certain number of weeks of benefits. These body parts include the arms, legs, hands, feet, fingers, toes, eyes, and ears. It is important to work with an experienced workers’ compensation attorney that can help you navigate the complex system and get the treatment and compensation that you deserve.

    Survival Actions

    A survival action is brought by the personal representative of the estate. But differs from a wrongful death claim. In a wrongful death action, the damages are focused on the losses suffered by the surviving family members. In a survival action, the damages are focused on the losses suffered by the deceased person before their death.

    Wrongful death and survival actions are two distinct legal claims that can arise in the aftermath of a fatal accident. While they may seem similar, there are some significant differences between the two types of claims. If you have lost a loved one due to the negligence or wrongful actions of another party, it is important to speak with an experienced attorney regarding any claims that you have.

    Contact the Maxey McFarland Law Firm today at 864-387-8362 to speak with an experienced workman’s compensation lawyer. We have helped many satisfied clients seek justice and compensation for the harm done to their loved ones due to negligent care.

    Last Updated: 05-20-2024
    Written By: Will Maxey