Your Legal Questions Answered.
Answering Your Questions. Protecting Your Legal Rights.
If you or a loved one has been involved in an accident, you probably have many questions. Below are the answers to many questions faced by accident victims in South Carolina. If you do not see the answer to your question, just call our office or email Shelly directly - [email protected].
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Will travel expenses to and from the doctor be covered under my South Carolina workers' compensation claim?
If you have been injured on the job and are pursuing a workers' compensation claim, the expenses associated with traveling to and from the doctor will be covered under your claim. Under normal circumstances, you would not have to travel to the doctor because you are uninjured. However, since you experienced an accident at work, you now have to go to the doctor and therefore have the added expense of traveling there.
If you have a SC workers' compensation attorney, they will most likely require you to log the time and expenses so that you will be accurately compensation through your workers' compensation claim. To set up a free consultationt to discuss your South Carolina workers' compensation case with Attorney Shelly Leeke, call 1-888-690-0211 today!
What types of accidents are NOT covered under workers' compensation in South Carolina?
In South Carolina, there are some accidents that workers' compensation does not cover because the injury did not occur within the scope of employment. What this means is that the accident must have occurred at the place of employment during the hours that the employee works. However, there are some instances when the accident would be covered under workers' compensation even though the injury did not happen at the place of employment. An example of this would be if transportation was part of an employee's job and they were involved in an accident on the way to a job site. On the other hand, if an employee is traveling to work in their personal vehicle and is injured in an accident, then that would not be covered by workers' compensation. There are also other accidents that are not covered under workers' compensation, such as if the employee was intoxicated or were not using safety equipment at the time of the injury.
The details of your specific case are what really determine whether or not your injury would be covered under workers' compensation. That is why it is best to consult with an experienced workers' compensation attorney who will be able to determine whether or not you should pursue a workers' compensation claim. To set up a FREE consultation with Shelly Leeke Law Firm, call us today at 843-277-6061!
How much does Workers' Compensation pay?
Once you start receiving compensation, you will get 66 2/3 percent of your average weekly wage that you were earning four quarters before your injury. However, you will not be able to receive more than the average weekly wage. Prior to the accident, if you were employed by more than one company, then you are entitled to receive compensation for the wages from your other jobs as well. The 66 2/3% is of your average weekly wage will include the total earnings that you make during a typical week prior to your injury.
What is an Independent Medical Examination (IME)?
When you are pursuing a workers' compensation claim, your employer may request that you have an independent medical examination (IME) done. The doctor or chiropractor who will administer the IME typically has not treated you in the past. The purpose of an IME is to have a third party conduct a medical examination so that their examination is not biased based upon any relationship that they may have with you. Your employer's workers' compensation insurance carrier has a right to request that you undergo an IME and should the doctor feel that your injuries are not related to your accident, then the insurance company could deny your claim. That is why it is important to seek the advice of a personal injury attorney before you begin your workers' compensation claim. Contact workers' compensation attorney Shelly Leeke today for a free consultation at 1-888-690-0211.
Will I have to pay taxes on my worker's compensation benefits in South Carolina?
No, once you begin receiving worker's compensation benefits, you do not have to pay taxes on those benefits. The reason behind this is that because this is a source of income that youdid not technically earn. If your benefits for some reason become reduced and there has not been a change in your medical condition, then you should contact your South Carolina worker's compensation attorney immediately.
If you are in need of a worker's compensation attorney after you have been hurt on-the-job in South Carolina, contact Shelly Leeke Law Firm at 888-690-0211 to set up a free, no obligation consultation so that you can get your life back to normal.
How long do I have to report an accident to my employer?
Under South Carolina Law, you must report the accident to your employer within 90 days. Any claim for benefits must be filed with the South Carolina Workers' Compensation Commission within two years.
For more information on workers' compensation:
Read Our Article, "What Is Workers' Compensation?"
Find Out The Steps To Take After An On-The-Job Injury
Contact The Shelly Leeke Law Firm For a FREE Consultation!
Do I need a lawyer for my workers' compensation claim?
You do not have to hire a lawyer to file for workers' compensation. However, since most initial consultations with lawyers are free, you should at least consult with an experienced South Carolina workers' compensation attorney about the details of your case to be sure you will be able to handle your case on your own.
For more information on workers' compensation claims:
Contact The Shelly Leeke Law Firm Today!
View Our Article, "What Is Workers' Compensation?"
Find Out The Steps To Take After an On-The-Job Injury
What types of accidents are covered under workers' compensation in South Carolina?
In order for an employee's injury to be covered under the Workers' Compensation Act, the injury must have occurred while the employee was working within the scope of his or her employment. Scope of employment depends on the amount of control the employer had over the circumstance and when the accident occurred. Usually, if a employee is hurt while working on the job site, their injury will be covered by workers' compensation.
Some injuries that are covered by workers' compensation are:
1) falling from a high place;
2) being injured by the employer's equipment;
3) suffering a back injury from lifting;
4) occupational diseases resulting from exposure to harmful chemicals;
5) and others.
For more helpful information, visit the workers' compensation article library. If you have been injured while on the job, contact South Carolina workers' compensation attorney Shelly Leeke today at 843-277-6061 for a free consultation!
Who is considered an employee?
Under the Worker's Compensation Act, an employee is any person who is under employment, contract for hire, or an apprenticeship, whether express or implied. This also includes foreign workers and minors who are lawfully or unlawfully employed as well as both full-time and part-time employees.
Subcontractors may also be covered under workers' compensation. If a subcontractor does not carry workers' compensation insurance, the owner or developer above them in the chain of employment may be held liable for workers' compensation to the injured employee, as if they were the direct employer.
What is the difference between an independent contractor and an employee?
To determine if a worker is an employee or an independent contractor you must look at the employer's right of control over the worker. There are four common questions used to determine an employer's right of control:
1) Is there direct evidence of the right to control?
2) Who paid the worker?
3) Who furnished the supplies or equipment?
4) Who has the right to fire the worker?
If you were injured in a work accident and are usure if you are an employee or an independent contract contact the Shelly Leeke Law Firm at 843-277-6061.