Workers’ compensation involves any injury by accident arising out of and in the course and scope of one’s employment. An injury is defined as an unexpected result of work activity. There are many differences between a workers’ compensation and personal injury case. If you were injured while on the job, contact a lawyer who could help you understand the unique aspects of Rock Hill workers’ compensation cases. Let an experienced workers’ compensation lawyer assist you with recovering benefits.
Workers’ Compensation Vs. Personal Injury Cases
In a workers’ compensation case, the injury must arise out of the course and scope of the person’s employment. Also, in a workers’ compensation case, the injured victim does not have to prove that another party was at fault. In a personal injury case, a claimant must prove that the at-fault party owed a duty, breached that duty, and that was the cause of their damages.
Workers’ compensation is designed to protect an employer and an employee. Therefore, these cases do not take into consideration who is at fault for the accident and an individual could be at fault for their own injury in a workers’ compensation claim. Workers’ compensation was designed to provide benefits to an injured worker and protect the employer from a civil suit.
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Common Fact Patterns in Workers’ Comp Claims
Most injuries seen in Rock Hill workers’ compensation cases include:
- Neck
- Back
- Shoulder
- Joints
- Knee
Rock Hill is a fast-growing city with a great deal of construction being done. Construction injuries are commonly due to lifting, falls from ladders or scaffolds, and tripping. Also, some manufacturing jobs can involve repetitive trauma-type cases.
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Workers’ Compensation Benefits
The benefits available to an injured worker is one of the unique aspects of Rock Hill workers’ compensation cases. There are three different types of benefits an injured person could recover in a workers’ compensation case. These benefits include medical treatment, weekly benefits, and permanent partial disability. For the disability, the state code has established a certain number of weeks for each body part, and that has to be taken into consideration in determining their disability and what their permanent or partial disability would entitle them to.
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How an Attorney Could Help in a Workers’ Compensation Case
There are many ways that a lawyer could help an individual after an injury on the job. In a workers’ compensation case, there may be a disagreement that arises during medical care as to authorizing a certain diagnostic test or medical treatment, and the insurance company may not be willing to authorize that particular treatment. An attorney could file a request for a hearing and have the Workers’ Compensation Commission order the company to pay for whatever treatment is recommended.
Also, there is a precise formula used to calculating weekly benefits in a workers’ compensation case that an attorney could assist the injured party with. By not having a lawyer who understands how to calculate those weekly benefits and how to pursue remedies by going in front of the commission or to order appropriate medical treatment, the injured party may miss out on some or all of them.
Call a Rock Hill Lawyer About the Unique Aspects of Workers’ Comp Cases
Workers’ compensation is regulated and governed by statutes that are particular and precise with time limits. For instance, a person has a 90-day notice requirement in which they have to give notice to the employer following their injury. Documents needed to be filed would include the first report of injury and a Form 50.
Workers also have to comply with their employer’s recommendations for medical treatment. In South Carolina, the employer gets to choose which doctor the individual sees, unlike a regular personal injury case in which they go to whichever doctor, hospital, or provider they choose.
Call today to learn more about the unique aspects of Rock Hill workers’ compensation cases and how an accomplished attorney could help you.
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