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 preaccident job as a result of permanent work restrictions, arguably, that individual’s disability from the workrelated 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 24 LAWYER MONTHLY MAY 2024 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.
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