How Workers Compensation Works – Lawyer Monthly
If an employee is injured at work, even by his own fault, that employee is still entitled to workers’ compensation benefits so long as the injury occurred during the course of, and in the scope of, his employment. Catherine “Catie” Meehan is a partner at the Steinberg Law Firm. She has an extensive background in the medical field with degrees in both psychology and nursing, in addition to her law degree and is an expert lawyer in SC workers’ compensation laws.
Catherine “Catie” Meehan is a partner at the Steinberg Law Firm. She has an extensive background in the medical field with degrees in both psychology and nursing, in addition to her law degree.
Catie’s nursing background comes into play daily as she represents individuals who have been seriously injured at work or in their lives. Her experience as a licensed registered nurse (RN) at the Medical University of South Carolina (MUSC) gives her an understanding of her clients’ medical issues, injuries, treatment, and healing that many attorneys do not have. As a nurse, she developed the empathy to understand what her clients are experiencing.
Clients also appreciate Catie’s open and honest communication and her ability to set realistic outcomes. She advocates fiercely on her clients’ behalf because she knows the toll a workers’ compensation or personal injury case can take on her clients and their families. Catie understands the difficulties a personal injury or work accident creates including pain and income loss. She works hard to ensure that clients receive regular workers’ compensation weekly checks and uninterrupted medical care.
Catie earned a B.A. in psychology from the University of Notre Dame before heading to MUSC to earn a B.S. in nursing. After years of serving patients in a hospital setting, Catie wanted to help them in a legal setting and decided to become a lawyer. Both medical and legal disciplines serve her well in understanding what victims of accidents go through.
South Carolina workers’ compensation is a “no-fault” system. What does this mean?
If an employee is injured at work, even by his own fault, that employee is still entitled to workers’ compensation benefits so long as the injury occurred during the course of, and in the scope of, his employment. For example, if a roofer loses his balance and falls from the roof of a house he is working on because he becomes distracted by an airplane flying overhead, that roofer is entitled to workers’ compensation benefits even though his employer was not at fault.
Oftentimes, employees are scared to bring workers’ compensation claims against their employers because they think they are “suing” their employers.
While the employer is named in the claim, a workers’ compensation claim is equivocal to an insurance claim. By filing a workers’ compensation claim, the injured worker is not saying his employer did anything wrong, just that he was injured in the course and scope of his employment and is therefore entitled to benefits.
What are SC workers’ compensation laws designed to do?
Workers’ compensation laws are designed to protect injured workers. Importantly, our state case law holds workers’ compensation law is to be liberally construed in favor of coverage for the injured worker.
If an individual is injured on the job and eligible for workers’ compensation benefits, there are 3 main benefits that she is entitled to: (1) medical treatment; (2) weekly checks while an employee is out of work due to her injuries; and (3) a settlement amount for the loss of use of the injured body part once the injured worker has been released from the doctor. Of course, this is a very concise overview of workers’ compensation benefits but provides a snapshot of the types of benefits available to injured workers.
What type of claims do you handle, and what is the process for making a workers’ compensation claim in SC?
I handle both personal injury claims and workers’ compensation claims in my practice. While I prefer to become involved in workers’ compensation claims as soon after the injury as possible, an injured worker has two years from the date of injury to file a claim. In order to initiate the claim, we must file a form with the South Carolina Workers’ Compensation Commission within two years from the date of injury.
Catie, you have an extensive background in the medical field with degrees in both psychology and nursing, in addition to your law degree. What are the common reasons why workers’ compensation claims in SC are denied – and how can you avoid them?
One of the most common reasons workers’ compensation claims in SC are denied is pre-existing conditions. If an insurance carrier learns that an injured worker previously had an injury or treatment to the same body part injured in the work accident, the carrier may deny the claim. The important thing to know here is that under SC law, an aggravation to a pre-existing condition is compensable.
So, even if an injured worker had an injury or treatment to the same body part in the past, if the work accident caused symptoms to resurface or to worsen, the worker is entitled to workers’ compensation benefits.
One factor that is considered is the duration of time elapsed between past treatment for the injured body part and the date of the work accident. A lawyer specializing in workers’ compensation can be very beneficial in helping navigate these issues.
I’m concerned that my employer may fire me in retaliation for filing a workers’ compensation claim in South Carolina. What should I do, and would a claim affect future employment?
Although SC is an at-will employment state, an employer cannot fire an employee simply because he sustained a work-related injury. In terms of future employment, if a treating physician assigns permanent work restrictions to an injured worker, this may affect the worker’s ability to return to his pre-accident job or secure alternative employment in the future. If an injured worker is unable to return to his pre-accident job as a result of permanent work restrictions, arguably, that individual’s disability from the work-related accident may exceed the medical impairment assigned by the physician. Furthermore, if an injured worker’s permanent work restrictions preclude him from returning to the type of work he has performed in the past, he may be entitled to additional compensation at the conclusion of his case.
Can I pursue a civil action in addition to my workers’ compensation claim in South Carolina?
It depends is the short answer. In South Carolina, an employee cannot sue her employer for negligence except in very limited circumstances. So, if an employee is injured on the job, many times the sole remedy against the employer is a workers’ compensation claim. That said, if an employee works in a factory and is injured by a faulty machine, which a separate company is responsible for maintaining, he may have a workers’ compensation claim against his employer as well as a negligence claim against the third-party company that failed to adequately maintain the machine. Similarly, if an employee is injured while in the course and scope of his employment in a motor vehicle collision that was caused by another driver, he would have both a workers’ compensation claim with his employer as well as a negligence claim against the at-fault driver.
Do you have any tips on getting workers’ compensation benefits in SC?
The most important “tip” I have for injured workers is to report an injury to the employer as soon as possible after a work-related accident and document, document, document.
While our state law mandates an injured worker report an injury to his employer within 90 days of the accident, immediate reporting of the injury is ideal. In addition to reporting the work-related accident to the employer, the employee must request medical treatment if the employer does not offer it to the injured worker.
I tell my clients, whenever possible, it is beneficial to have written documentation of notice of the injury to the employer and the request for medical treatment. This can be done via email, text message, or a written incident report. That way, if a case is denied and the employer claims lack of notice, we have written evidence to use at a hearing. In addition to that basic tip, I encourage injured workers to consult an attorney soon after a work accident. Workers’ compensation lawyers specialize in this field and can advise what to do to minimize the chance of problems or delays in getting medical treatment and benefits.
Catie Meehan
Steinberg Law Firm
Tel: (843) 871-6522
Email: cmeehan@steinberglawfirm.com
Published by: Lawyer Monthly – 1st May, 2024
