Workers’ Compensation Lawyer Anderson

If you’ve been injured on the job in Anderson, you may be entitled to workers’ compensation benefits to cover your medical bills, lost wages, and more. Navigating the workers’ compensation system can be complex, and employers or insurance companies may try to minimize your claim. At Mann, Blake & Jackson, our dedicated workers’ compensation lawyer is committed to helping you get the benefits you deserve. Call us at 864-777-4262 for a free consultation to discuss your case and understand your rights.

The Difference Between Temporary and Permanent Disability in Workers’ Compensation Claims

When you are injured on the job, it can be overwhelming to navigate the workers’ Compensation system. One of the key aspects of your claim will be determining the type of disability you have, as this will affect the benefits you are eligible to receive. In workers’ Compensation cases, disabilities are generally classified as either temporary or permanent. Each type of disability has its own criteria, impact on your benefits, and potential outcomes.

Understanding the difference between temporary and permanent disabilities is crucial for anyone pursuing a workers’ Compensation claim. This knowledge will help you anticipate the type of compensation you may receive and how long it will last. Here’s a breakdown of the key distinctions between the two, as well as how they factor into your workers’ Compensation claim in South Carolina.

What is Temporary Disability?

Temporary disability occurs when an injury or illness prevents you from performing your job duties for a limited period of time. This type of disability is typically classified into two categories: temporary total disability and temporary partial disability.

Temporary Total Disability (TTD): If your injury completely disables you from working, you will be classified as temporarily totally disabled. For example, if you break your leg and are unable to work at all during your recovery, you would qualify for temporary total disability. Benefits for TTD are designed to replace a portion of your lost wages while you are temporarily unable to work.
Temporary Partial Disability (TPD): In some cases, an injury may allow you to return to work, but only on a reduced schedule or in a different capacity. For example, if your back injury makes it difficult to perform your usual duties, but you are still able to work part-time or perform lighter tasks, you may be classified as temporarily partially disabled. You are still entitled to benefits, but they may be lower than those for total disability.

Benefits for Temporary Disability

In South Carolina, workers who are temporarily disabled due to a workplace injury are entitled to a percentage of their weekly wages while they are unable to work. For TTD, the benefit is usually about two-thirds of your average weekly wage, subject to a maximum amount set by the state. The benefit may continue until you are able to return to work or until your medical condition stabilizes.

For TPD, the benefit will be based on the difference between your pre-injury earnings and your post-injury earnings. For example, if you return to work part-time and earn less than you did before the injury, the workers’ Compensation system will make up a portion of the difference.

What is Permanent Disability?

Permanent disability refers to a long-term or lifelong condition that results from a workplace injury or illness. There are two main types of permanent disability in workers’ Compensation claims: permanent total disability and permanent partial disability.

Permanent Total Disability (PTD): This classification is for workers who are completely and permanently unable to perform any work due to their injury. For instance, if a person loses a limb or suffers a severe head injury that leaves them unable to return to their job or any other form of gainful employment, they may be classified as permanently totally disabled. Permanent total disability benefits typically continue for the lifetime of the worker.
Permanent Partial Disability (PPD): This is the most common type of permanent disability in workers’ Compensation cases. Workers classified with permanent partial disability still retain some ability to work, but they are left with a lasting impairment. This could include situations where a worker has a permanent injury to a limb or other body part that doesn’t completely disable them but results in lasting limitations. For example, an individual with a severe back injury may not be able to perform the same type of work they did before the accident but may still be able to work in a different capacity.

Benefits for Permanent Disability

For permanent disability, the benefits are often based on the severity of the injury and the loss of earning capacity. If a worker is permanently totally disabled, they may be entitled to lifetime benefits. In cases of permanent partial disability, the worker is generally entitled to compensation for a certain number of weeks, which is determined by the specific body part or function that was impaired.

The compensation for permanent disability varies depending on the type and severity of the disability. In South Carolina, permanent partial disability benefits are typically calculated using a schedule that assigns a specific number of weeks to each type of injury. For example, the loss of a finger might be worth a set number of weeks of benefits, while the loss of a limb may be worth more.

How Disability Affects Your Workers’ Compensation Claim

Understanding how temporary and permanent disabilities affect your workers’ Compensation claim is crucial for maximizing the benefits you are entitled to. The type of disability you experience determines the amount of compensation, how long you will receive benefits, and what steps you need to take to prove your case.

Medical Evidence: Both temporary and permanent disabilities require strong medical evidence. For temporary disability, you will need to show that you are unable to work due to your injury and that your condition is expected to improve. For permanent disability, you must show that your injury has caused lasting damage and that you will not be able to perform your previous job or any other work.
Duration of Benefits: Temporary disability benefits last as long as your injury prevents you from working or until your condition stabilizes. In contrast, permanent disability benefits can last much longer and may be awarded for life in some cases.
Impact on Settlement: The type of disability you have can also impact any potential settlement. If your disability is permanent, the settlement may be larger because it compensates for the long-term impact on your earning potential. However, a permanent disability settlement may also involve a more complex negotiation process due to the long-term financial commitment required by the insurance company.

Workers’ Compensation in South Carolina

South Carolina’s workers’ Compensation laws provide a variety of benefits for employees who suffer injuries at work, but the specific benefits you are entitled to depend on the nature of your injury and the type of disability. If you suffer a temporary disability, you can expect to receive benefits for a limited time, usually until you are able to return to work or your condition stabilizes. If you have a permanent disability, your benefits may continue for years, depending on the severity of your injury.

If you are unsure about how your injury fits into the disability categories or if you are having trouble with your workers’ Compensation claim, it’s a good idea to consult with an attorney. A workers’ Compensation attorney can help you navigate the complexities of the system and ensure that you receive the benefits you deserve.

Avoiding Common Mistakes When Filing Your Claim

When you are injured on the job, you rely on workers’ Compensation to help cover your medical expenses and lost wages. However, the process of filing and navigating a workers’ Compensation claim is often more complicated than many people expect. Making mistakes during this process can lead to delays, denials, or even a reduction in the benefits you receive. Understanding the common pitfalls and knowing how to avoid them can make a significant difference in the outcome of your case.

Here are some of the most frequent mistakes workers make when filing for workers’ Compensation and tips on how to avoid them.

Failing to Report the Injury Right Away

One of the first and most critical steps in any workers’ Compensation claim is reporting your injury to your employer. Many workers make the mistake of thinking that their injury isn’t serious enough to warrant immediate attention or that they can wait a few days to report it. Unfortunately, delaying this step can hurt your case.

In South Carolina, you are required to report your injury within 90 days. However, the sooner you report the injury, the better. If you wait too long, your employer may argue that the injury didn’t happen at work, or that it wasn’t serious enough to warrant compensation. Timely reporting is crucial in ensuring that your claim is taken seriously and processed without unnecessary delays.

Not Seeking Immediate Medical Attention

After reporting your injury, the next step is to seek medical treatment. Even if your injury seems minor, it’s important to get checked out by a doctor. Not only does this help ensure that you are getting the right treatment, but it also creates a medical record that can be used to support your claim.

Failing to seek medical attention right away can lead to complications in your case. Insurance adjusters or your employer may argue that your injury was not severe if there’s no medical record of treatment or if there is a significant gap between your injury and your doctor’s visit.

Even if you’re unsure about the severity of your injury, it’s always better to err on the side of caution. Get checked by a healthcare provider as soon as possible and keep a record of all medical visits, diagnoses, and treatments.

Underestimating the Severity of the Injury

Another common mistake workers make is underestimating the severity of their injury. This can happen when someone tries to push through the pain or return to work too quickly. Many people feel pressure to get back to their normal routine, but doing so can lead to a longer recovery time or even further injury.

If you’re in pain or struggling to perform tasks, it’s essential to take time to recover properly. Make sure to follow your doctor’s advice and get the necessary treatment. Pushing yourself too hard can lead to long-term complications, which could ultimately affect your ability to receive compensation for your injury.

Additionally, if you’re unsure about the extent of your injury, it’s wise to consult a specialist. An independent medical opinion can provide clarity and may even help strengthen your claim.

Not Keeping Proper Documentation

Proper documentation is key to any successful workers’ Compensation claim. Many workers forget to keep detailed records of their injury, medical treatment, and interactions with insurance companies or employers. Without this information, it’s difficult to prove the extent of your injury and show that it’s work-related.

You should keep copies of everything related to your injury, including:

Medical bills and records
Emails and written communication with your employer and the insurance company
Incident reports or accident reports
Witness statements, if applicable
Any other relevant documents

By keeping a thorough record of your injury, treatments, and communications, you can create a strong case that supports your claim and protects your right to compensation.

Providing Inconsistent or Inaccurate Information

Insurance adjusters and your employer’s workers’ compensation representatives will likely ask you for details about your injury. It’s essential that you provide consistent and accurate information when communicating with them. Giving conflicting statements or leaving out key details can damage your credibility and make it more difficult to prove your case.

For example, if you describe the injury differently in your initial report than you do with your doctor or insurance adjuster, they may claim that the injury didn’t happen at work or that you’re exaggerating your symptoms. Be honest, clear, and consistent in all of your statements. If you aren’t sure about a particular detail, don’t guess. It’s better to admit that you don’t know rather than risk providing inaccurate information.

Settling Too Quickly

Some workers, eager to resolve their claim, may jump at the first settlement offer made by the insurance company. While settling early may seem tempting, it often isn’t the best option. Insurance companies typically offer low settlements to close cases quickly, and once you accept an offer, you cannot go back for more money, even if your injuries turn out to be more severe than expected.

Before agreeing to any settlement, make sure you understand the full extent of your injury and its long-term implications. Consulting with an experienced workers’ Compensation attorney can help ensure that you don’t accept a settlement that won’t cover your ongoing medical bills or lost wages.

Not Consulting an Attorney

workers’ Compensation claims can be complex. From filing the initial claim to appealing a denial, the process often involves navigating legal requirements that can be difficult to understand. Many workers try to handle their claims without legal help, only to find themselves overwhelmed and under-compensated.

Hiring an attorney who specializes in workers’ Compensation law can help protect your rights and ensure you receive fair compensation for your injury. A lawyer can:

Help you understand your rights and the claims process
Handle communications with insurance companies and employers
Gather and present the necessary documentation
Negotiate on your behalf
Represent you in hearings or appeals if necessary

If you’re unsure about whether you need legal representation, it’s a good idea to at least consult with an attorney to assess your situation.

Not Following Your Doctor’s Advice

In many cases, your doctor will provide specific instructions on how to care for your injury and when to return to work. Ignoring medical advice or failing to follow your doctor’s prescribed treatment plan can have serious consequences on your health and your workers’ Compensation claim.

Insurance companies may use non-compliance as an excuse to deny your claim or reduce your benefits. Following your doctor’s instructions closely not only helps ensure the best possible recovery but also strengthens your case by showing that you are taking the necessary steps to heal.

Consult with an Experienced Workers’ Compensation Attorney

If you’ve been injured on the job in Anderson, securing the compensation you deserve is crucial to your recovery. The process can be complex, but with the help of a dedicated workers’ compensation attorney at Mann, Blake & Jackson, you can ensure your rights are protected every step of the way. Don’t navigate the system alone—contact us at 864-777-4262 for a free consultation and let us help you get the benefits you are entitled to. Your future is important, and we’re here to support you through this challenging time.