We know you need help and we’re ready.
McCravy, Newlon, Sturkie and Clardy Law Firm has helped the injured worker for over 25 years. If you have been injured on the job, please call us at (864) 388-9100 to discuss your Workers’ Compensation claim.
We know accidents can happen in the workplace.
Our attorneys have been handling these cases for 25 years. Since 1995, our firm has served thousands of satisfied Workers’ Compensation clients and that number is constantly growing. In fact, we find that insurance companies are denying more claims than ever before, while also attempting to pay out less!
With a phone call to our firm and a free consultation, we can help you understand your rights.
Most cases are handled on a contingency basis with no fees or costs unless and until we recover. Insurance companies are not required to educate you or offer you a fair amount to settle your case.
Due to the complicated and peculiar laws of workers’ compensation, it is important to have an advocate for you in the workers’ compensation system – otherwise you may never know whether you have obtained all the benefits provided under the law.
We have handled almost every conceivable type of injury at one time or another.
Five Things You Should Know If You Are Hurt At Work
There was a time in this country when a work-related injury could entail hiring workers’ compensation lawyers to sue your employer for the cost of your medical care. Eventually, states changed their laws to force employers to carry workers’ compensation insurance to cover the expenses of caring for workers who are hurt at work without making them resort to the courts. In exchange for making it easier for workers to get medical treatment, the laws protect employers against lawsuits by their injured employees.
Most employees are covered by workers’ compensation
Workers’ compensation cases can be filed by virtually all employees working at full- or part-time jobs for which they receive compensation. Some states exclude individuals employed by the federal government from coverage under state programs. States frequently also exclude independent contractors, volunteers, farmers and their family members working on a family farm, and business owners.
Benefits available to those hurt at work
If you are hurt at work through an accident or work-related illness, you are entitled to file a claim for benefits. Benefits generally include the following:
. Medical treatment
. Lost wages
. Rehabilitation costs
. Disability payments
. Death benefits to a worker’s survivors
Under most state compensation programs, employers may designate the health care provider that injured workers must go to when they are hurt at work. The lost earnings benefit is usually two-thirds of the individual’s average salary for time lost from work due to the injury or illness, but this can vary from one state to another.
Injured workers retain the right to sue third parties
Employees who file workers’ compensation cases cannot sue their employer, but they retain the right to sue third parties who might have contributed to the incident that caused their injuries. For example, a factory worker injured while operating a piece of machinery must file a claim for workers’ compensation benefits instead of suing the employer. The worker retains the right to sue the company that produced the machine if it can be proven that it was defective.
You cannot be fired or retaliated against for filing a claim
Your employer cannot retaliate against you for filing a workers’ compensation claim. Most state laws prohibit firing, demotion or other adverse action against you by your employer. If you believe you have been subjected to retaliation, you should contact your state’s workers’ compensation agency.
You must immediately report an accident or illness to your employer
If you are hurt at work, you must report it to your employer right away. Illnesses, such as those caused by inhaling toxic fumes or substances in the work environment, must be reported as soon as you have symptoms and believe they might be related to the work you do.
A workers’ compensation attorney is a good source of information, legal advice and guidance if you have suffered an injury or illness related to your job. Some conditions, such as carpal tunnel and other repetitive stress injuries, might not appear to be work related, but an attorney can review the facts with you to determine if you can file a claim for benefits.
Some of the types of workers’ compensation cases we have handled include:
- Death claims for beneficiaries and dependents
- Injuries/surgery to the Spine:
- Neck (Cervical)
- Middle Back (Thoracic)
- Lower Back (Lumbar)
- Herniated, bulging, and protruding discs
- Fractured Vertebrae
- Strains and Sprains
- Radiculopathy (radiating nerve pain)
- Nerve damage
- Foot drop
- Myelogram, MRI, Discectomy, Fusion Surgery, Internal Reduction
- Injuries/surgery to the legs, feet, toes, hip, knee, ankle
- Fractured femur, patella, fibula, tibia, foot, heel, toes
- Pelvis, femoral head, Avascular Necrosis (AVN), foot drop
- Nerve entrapment
- Nerve conduction studies
- Arthroscopy
- Hip replacement
- Torn tendons, ligaments, ACL, MCL, knee replacement
- Injuries/surgery to the arm, shoulder, hand, fingers, wrist, elbow
- Cubital tunnel syndrome, ulna nerve entrapment, repetitive trauma, lateral epicondylitis
- Torn biceps, muscles
- Fractured humerus, ulna, radius, scapula
- Tendonitis, tendinopathy, bursitis
- Strains and Sprains
- Arthroscopy
- Shoulder replacement
- Amputations
- Dupuytren’s Contracture
- Torn Rotator Cuff, frozen shoulder, dislocated shoulder
- Occupational disease cases
- Radiation exposure
- Lung diseases
- Byssinosis (Brown Lung in textile industry)
- Hypersenstitivity pneumonitis
- Asbestosis
- Cryptococcus or Psittacosis – Inhalation of bird droppings
- Psychological
- Psychological Post Traumatic Stress Disorder (PTSD)
- Depression
- Anxiety
Other conditions we have handled:
- Vision loss
- Hearing loss
- Speech impairment
- Olfactory nerve loss
- Incontinence
- Paralysis Complex Regional Pain Syndrome (CRPS)
- Reflex sympathetic dystrophy (RSD)
- Infection
- MRSA
- Osteomyelitis Brain Injury
- Closed head injury
- Subdural hematoma
- Scarring and disfigurement
Workers’ Compensation covers the following:
- Medical care related to the accident or injury.
- Wages lost while you are unable to work.
- Permanent disability. Disfigurement, physical impairment and loss of limbs.
- Reimbursement for certain mileage costs relating to your doctor visits or traveling to get your prescriptions.
- Death benefits.
Frequently Asked Questions
What are my benefits under South Carolina, North Carolina or Georgia Workers’ Compensation Laws?
Benefits differ according to state. For example, South Carolina benefits include temporary benefits (weekly checks during inability to work periods totaling 2/3 of a workers average weekly wage, all medical expenses and mileage) and permanent benefits (amounts for permanent injuries). The calculation of benefits is done according to regulation and statute. While we are fully licensed in the State of South Carolina, we have associated counsel on many out of state cases (most frequently North Carolina and Georgia) and have worked together to prosecute them successfully.
How does it work if I am working light duty and getting paid less than I was before I was injured?
In this situation, South Carolina law provides that the employer must pay “temporary partial benefits” to help make up the difference.
How do I get my checks started while the doctor has me out of work?
Generally, in South Carolina, the workers compensation insurance carrier must start paying benefits two weeks after the injury that puts the injured worker out of work. They must also go back and pay for that two week period as well. Our firm can ask for a hearing to make the insurance company pay benefits if they do not comply.
Do I have to let a nurse case manager go in with me to appointments?
In South Carolina, patients have a right of privacy. A patient does not have to allow a case manager or company nurse in any appointment with a doctor.
Do they have to pay me mileage to the doctors and back or provide free transportation?
Yes. This is the rule in South Carolina.
Do they have to pay 100% of my medical bills?
South Carolina requires the insurance company to pay for all medical expenses. Doctors are required to bill at certain rates by statute.
Do I have the right to be evaluated by a specialist like an orthopedic, neurologist, neurosurgeon or pain therapist/management?
Yes. The key to getting appropriate evaluation and treatment is to get a referral in writing from the treating doctor. With that ammunition, we can request a hearing and ask the Commission to require the insurance company to pay for a referral.
We have found that the insurance companies will often “overlook” this payment and we must fight to get these paid. Do I have to go to their “company doctor?”
Despite unsuccessful attempts to change the law, South Carolina law still permits the employer or the insurance carrier to pick the doctor for the claimant. However, we have found that if a doctor is rude or unreasonable, the Workers’ Compensation Commission will entertain a motion to change doctors.
What if I am fired because I was hurt on the job?
There are specific statutes prohibiting an employer for terminating an employee because that employee filed a workers’ compensation claim. Often when people are terminated while they are still recovering, the employer will claim they were fired for other reasons. This becomes a question of fact for the tribunal.
If I am released from the doctor to go back to work with restrictions, does my employer have to accommodate them?
In South Carolina, if they do not accommodate your restrictions and let you come back to work, they must continue to pay weekly checks while you are out of work until you reach maximum medical improvement.
If someone other than my employer is at fault, can I bring a separate claim for damages?
In many situations, a third party claim can be pursued where they are at fault for your injuries. There are complicated laws that come into play in this situation that are beyond the scope of this content.
Who pays for medical malpractice?
If you are injured due to medical malpractice while being treated for a workers’ compensation claim, the insurance company must pay for medical treatment and disability, if any, as a result of the medical negligence.
Is the insurance company supposed to talk with the doctor about my treatment behind my back?
In South Carolina an insurance company cannot discuss the details of your visit with your doctor without your permission unless they proceed under a specific regulation and give you notice. They are usually allowed to contact doctor’s offices to set up appointments.
What will happen to me if I can’t go back to work?
This is a very serious question that must be explored with your attorney. You may have a permanent and total disability case that is governed by special workers’ compensation laws. Your attorney may need to get a vocational expert to prove your case. In this situation, getting sufficient compensation is critical. There are also issues with Social Security Disability, Long Term Disability Insurance, Retirement, etc. that must be explored in detail. How much is my case worth? While there are statutes and regulations that are used to calculate specific amounts, the answer to this is dependent upon the extent and nature of your injuries and disability. We can assure you that we believe it is our job to maximize your recovery within the system.
Should I go to an “informal conference” by myself?
While only you can make that decision, this is a time that is crucial for your case. Normally the insurance company has made an offer that may or may not be fair under the circumstances. If you represent yourself, you may not understand how to argue your position from a legal standpoint. Unlike most claimants, the adjusters and their attorneys have a superior knowledge of the law and how the Commission works.
When is the best time to get an attorney?
The best time to get an attorney is always the beginning of a case. At this time the attorney is able to posture the case for a successful conclusion by gathering and preserving evidence and developing strategy. While it may appear that an insurance company is cooperating in the beginning, the serious part of the case is usually at the end when you are entitled to a permanency award. Many times the insurance company will refuse to pay fairly at the end of a case, requiring claimants to scramble at the last minute to get representation. We find this may end in a poorer result had the case been properly preserved.
Do I really need an attorney?
There are a lot of reasons to get an attorney to represent you in a Workers’ compensation case. The insurance company and employer do not represent you and their interests are different from yours. Neither of them are required to tell you about all the laws or help you file a claim. There are many procedural pitfalls in the complicated workers’ compensation system that can trap a person resulting in an unfair result. As a rule of thumb, we believe anyone with a serious injury employ needs representation.
Do I have the right to have my own attorney?
Absolutely! Despite what you may be told by your employer or insurance company, you have the right to an attorney.
How much is my case worth?
While there are statutes and regulations that are used to calculate specific amounts, the answer to this is dependent upon the extent and nature of your injuries and disability. We can assure you that we believe it is our job to maximize your recovery within the system.