Posted by McWhirterBellingerAttorney on March 22, 2012 under Workers’ Compensation | 
Workers’ Compensation is a government program designed to provide benefits to people who were injured on the job or made sick by their job (such as developing mesothelioma due to asbestos exposure). If you are injured while working or are made sick from your work, you must the appropriate paperwork by the designated deadline from the date of your injury.
The Workers’ Compensation system is not an easy one. The language on the forms is complicated for the lay person, and if one form is not filled out correctly or a deadline is missed, you will be denied benefits. Even when everything is filled out properly and on time, benefits are often denied at the first, second and even third application. For this reason, it is highly recommended that you seek out the assistance of an experienced Workers’ Compensation attorney such as the ones at McWhirter, Bellinger & Associates, P.A., serving Sumter, Columbia and surrounding areas of South Carolina.
Because employers want to keep their Workers’ Comp payouts to a minimum, they may not always be willing to help you file and get your benefits. In fact, some employers may make it downright difficult to get the information you need. Also, it is against the law for certain employers to not offer Workers’ Comp to their employees. The laws in South Carolina are very specific about which employers must carry this insurance.
If you have been injured on the job or a loved one has been made ill at work and can no longer perform his/her duties, please contact McWhirter, Bellinger & Associates, P.A. today. Our experienced, compassionate Workers’ Compensation attorneys have served the residents of Sumter, Columbia, Newberry, Orangeburg, Camden and Lexington for several years, and we can help you, too.
Posted by McWhirterBellingerAttorney on March 8, 2012 under Workers’ Compensation |
When you imagine a workplace accident, most people envision a traumatic injury at a construction site or factory. However, office workers may sustain workplace injuries, as well, and are entitled to the same Workers’ Compensation benefits as any other employee. Even in a professional environment, workers can be seriously injured by a single accident or development of a medical condition.
The Worker’s Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A. in South Carolina have extensive experience pursuing Workers’ Compensation claims and are ready to assist you. To have your questions about Workers’ Compensation answered, call us today.
Common Injuries of Office Workers
Accidents are a common occurrence in every workplace and it is the duty of your employer to minimize the risk of injury as much as possible. Because most injuries affect employees’ physical and mental health, their ability to work is often greatly diminished. In these cases, Workers’ Compensation benefits are essential to help the injured employee pay for medical bills and lost wages. Some of the most common injuries of office workers include:
- Carpal tunnel syndrome – often develops in office employees as a result of the inordinate amount of time they are asked to spend typing and computing at work. Patients with this condition often experience pain, weakness and numbness in the hands, wrists and forearms.
- Repetitive strain injuries – caused by the overuse of muscles and tendons in repetitive task activities, repetitive strain injuries often lead to tension or pain in the wrists, elbows, shoulders, back and neck.
- Slips and trips – the majority of these accidents occur in wet or contaminated environments due to adverse weather, obstructions or poor flooring. Accidental falls may be minor but they can also lead to broken bones, serious fractures or even wrongful death.
If you or a loved one are a victim of a work-related injury in an office or elsewhere, please contact the qualified South Carolina Workers’ Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A. to schedule an initial consultation at no cost to you. We proudly represent clients throughout the state of South Carolina and have offices near you in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg and Sumter, South Carolina.
Posted by McWhirterBellingerAttorney on February 24, 2012 under Workers’ Compensation |
Methacillin-resistant Staphylococcus Aureus, or MRSA, is a virulent, drug-resistant bacterium frequently found in healthcare settings like hospitals and nursing homes. Medical professionals may be exposed to an antibiotic resistant infection on a daily basis without their knowledge.
Workers infected with MRSA bacteria are often unable to work and medical treatment costs pile up quickly. When you contact the Law Firm of McWhirter, Bellinger & Associates, P.A. you will find a skilled legal team to answer your Workers’ Compensation questions and help you obtain compensation quickly to cover the costs of your illness.
MRSA Symptoms
MRSA infections initially resemble spider bites or acne. For this reason, MRSA often goes undiagnosed. According to studies, one in four hundred health workers have active MRSA infections. While the initial stages of MRSA infections may appear minor, the infection progresses quickly and can spread to the blood, heart or lungs. Other symptoms of a MRSA infection include:
- Skin – swelling, redness, abscesses, pus-filled boils, impetigo
- Fever and chills
- Low blood pressure
- Headaches
- Rashes over the body
NBC News recently ran the story of nurse Rosemary Hatchett. The nurse says she contracted a MRSA infection at her hospital job but is being denied Workers’ Compensation because she could not definitively prove the infection was a result of working at the hospital. Workers’ Compensation attorneys will work with you to conduct a thorough investigation of your infection and increase your chances of obtaining Workers’ Compensation benefits.
If you or a loved one has contracted a MRSA infection as a result of workplace exposure, Workers’ Compensation benefits may provide coverage for your medical bills and lost wages. Please contact the qualified Worker’s Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A. to schedule an initial no-cost consultation to discuss your case.
Posted by McWhirterBellingerAttorney on February 20, 2012 under Workers’ Compensation |
Reflex sympathetic dystrophy syndrome (RSD), also known as complex regional pain syndrome (CRPS), is a chronic pain condition believed caused by dysfunction of the nervous system. While it often is unclear to doctors why a patient has developed RSD, traumatic injuries have been known to spur the pain. When a workplace injury, often a crush injury, leads to RSD in an employee, they are entitled to Workers’ Compensation benefits.
The debilitating pain caused by RSD can prevent you from returning to work or even carrying out daily activities. The skilled Workers’ Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A. in South Carolina can answer your Workers’ Compensation questions and help you determine whether your case should be brought.
Symptoms of Reflex Sympathetic Dystrophy
Typically, RSD affects a person’s extremities, like arms, legs, hands, or feet. However, because the syndrome is a neurological disorder, many physicians are unable to diagnose and treat RSD. RSD frequently interferes with work, with an approximately 62 percent disability rate, so it is important to know its symptoms and have RSD treated before the condition progresses. Patients with RSD typically experience at least three of the following symptoms:
- Changes in skin color and temperature
- Severe burning or aching pain
- Tremors and muscle spasms
- Swelling, tender joints
- Partial or complete loss of motor function
- Excessive sweating
If you or a loved one is suffering from RSD as a result of a workplace injury, please contact the experienced South Carolina Workers’ Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A. With offices in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg and Sumter South Carolina, you will find a skilled legal team who understands the pain the RSD and will accurately represent your injuries in court.
Posted by McWhirterBellingerAttorney on February 16, 2012 under Workers’ Compensation |
Few things are more tragic than the loss of a loved one, especially at the hand of a workplace injury. Fortunately, Workers’ Compensation benefits in South Carolina provide death benefits and a burial allowance for families during their time of loss. Even in inherently dangerous vocations, Workers’ Compensation benefits are available to the employee’s surviving spouse and children.
The surviving family of an employee’s fatal workplace accident does not have to stand alone. By contacting the qualified South Carolina Workers’ Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A., you will find compassionate lawyers to answer your Workers’ Compensation questions and help you carry out an investigation for your claim.
Death Benefits for the Surviving Family
Although compensation can’t bring back your loved one, death benefits will allow you to provide for your family after a tragedy like a fatal accident. Immediate family members – such as spouses, children, and parents – may be entitled to death benefits. They may recover money for both economic and non-economic damages including:
- Funeral costs
- Medical bills
- A lifetime of lost wages
- Lost health and retirement benefits
- Loss of companionship, protection or care
- Pain and suffering
In some cases, the surviving family can also sue for exemplary or punitive damages, which punish a wrongdoer for negligence or willful acts of malice.
If you have lost a loved one through a workplace accident you feel was partially or wholly the fault of the employer, please contact the skilled experienced Workers’ Compensation attorneys at the Law Firm of McWhirter, Bellinger & Associates, P.A. in South Carolina. Call today to schedule an appointment at any of our offices in Columbia, Lexington, Orangeburg, Sumter, Camden, Aiken and Newberry, South Carolina.
Posted by McWhirterBellingerAttorney on January 30, 2012 under Workers’ Compensation |
South Carolina’s Workers’ Compensation system is compulsory, meaning that employers are required to provide this insurance for their employees. Workers’ Compensation may be provided through a private insurance carrier, or employers may self-insure. Waivers may be permitted to employers in certain circumstances.
Employers with fewer than four employees do not have to provide Workers’ Compensation insurance to their employees according to South Carolina law. Agricultural employers may get Workers’ Comp coverage voluntarily but are not legally required to do so. With the exception of employers who had a total annual payroll during the previous calendar year of less than $3,000.00, an employer with four or more employees must carry Workers’ Compensation insurance.
Here are some other provisions of the SC Workers’ Compensation Act:
- Payments are made for temporary total disability (TTD) and are determined by a percentage of the worker’s wage, subject to a weekly maximum payment amount. Employees can receive payments up to 500 weeks.
- Payments are made for permanent total disability (PTD) based upon a percentage of the worker’s wage, subject to a weekly maximum payment amount. PTD payments may continue for 500 weeks, also.
- Payments for permanent partial disability (PPD) are made based upon a percentage of the worker’s wage, subject to a weekly maximum payment amount. PPD payments may go on for 340 weeks.
- Scheduled awards are paid in addition to total temporary disability benefits starting upon termination of the termination of the TTD benefits.
- Benefits may be available for serious and permanent disfigurement of the face, head, neck, or other areas normally exposed in employment.
- Physical rehabilitation benefits are covered and vocational rehabilitation benefits are available.
If you were injured on the job in South Carolina, please contact the experienced Workers’ Compensation attorneys at McWhirter, Bellinger & Associates, P.A. today to schedule a consultation. We have offices in Sumter, Camden, Orangeburg, Newberry, Columbia and Lexington, South Carolina to serve you.
Posted by McWhirterBellingerAttorney on January 27, 2012 under Workers’ Compensation |
South Carolina Workers’ Compensation law affords injured employees certain benefits. Employees are only eligible if they are working for a covered employer and their injuries were sustained during the course of employment.
Medical Care and Treatment – Injured workers are eligible for medical care and treatment until they reach maximum medical treatment as described by the law. Included in this are costs going to and from the doctor’s office.
Temporary Total Disability Payments – If an employee is unable to work during the treatment of their workplace injury, they are eligible for weekly payments equal to two-thirds of their average weekly pay. This is paid out until maximum medical improvement is reached.
Compensation for Permanent Injuries – If the injuries sustained during the employee’s work duties cause permanent impairment, they are eligible for payment. The payment is determined by taking into account the comp rate, impairment percentage, and the specific body part or parts that were injured.
Employees who are permanently and totally disabled are eligible for additional benefits. Family members may collect benefits if an employee died as a result of the injury.
If you have been injured on the job in South Carolina, the Workers’ Compensation attorneys at McWhirter, Bellinger & Associates, PA can help you receive fair compensation for your injuries.
Posted by McWhirterBellingerAttorney on January 25, 2012 under Workers’ Compensation |
No one expects to become injured at work, but it does happen. Most often, work related injuries are not serious enough to cause more than a short-term loss of income, and your employer will be helping you cope with your loss of income.
Unfortunately, some accidents are more serious. Some workplace accidents such as back injuries result in long-term disability or permanent disability. In those cases, handling the loss of your primary income can be devastating, and a Workers’ Compensation attorney can make sure you receive a fair settlement for everything you have lost.
Most companies work to make sure you are well cared for and that you survive your injury. Workers’ Compensation insurance should cover your immediate medical treatment, ongoing medical care, and at least a portion of your average weekly pay.
In order to ensure that you receive all of the compensation you deserve, you need to report your injury as rapidly as possible. Time is of the essence, and if an injury is not reported within 30 days of the incident, you are less likely to see any money to help pay your costs.
If you have suffered a serious injury at work and need an attorney to help you, please visit the website of the South Carolina Workers’ Compensation lawyers at McWhirter, Bellinger & Associates today.
Posted by McWhirterBellingerAttorney on December 30, 2011 under Workers’ Compensation |
Accidents and injuries can happen to you in any place at any time, but accidents which happen at work can have a serious impact on your ability to work. Workplace accidents can also be more stressful because of the added attention that they bring to you from your peers and supervisors.
Back injuries are very common in the workplace. Some common causes for back injuries include:
The muscles in your upper and lower back provide basic support for most of your usual daily functions. They allow you to twist, turn, and support your body while sitting and standing. An injury to your back can make it difficult for you to sit, stand, or walk around, let alone perform your work duties. Some back injuries even cause life-long consequences, causing permanent disability in rare cases.
If you sustain a back injury at work during the course of your usual work activities, you are likely eligible for compensation through your employer’s Workers Compensation policy. These policies usually cover lost wages, medical costs, and can include pain and suffering.
In South Carolina, the attorneys at McWhirter, Bellinger & Associates, PA help people who have been injured at work receive the Workers’ Compensation benefits they deserve.
Posted by McWhirterBellingerAttorney on December 28, 2011 under Workers’ Compensation |
When an employee is injured on the jobsite, it is easy to see that Workers’ Compensation comes into play. Slips and falls in a restaurant and construction site accidents are easily classified as Workers’ Compensation claims, but it is not as clear for employees who travel as a part of their job.
Travelling to and from work is not covered under Workers’ Compensation law. If you are involved in a car accident during your commute, you are generally not entitled to Workers’ Compensation. There are exceptions to every rule, so it may still pay off to consult with an experienced Workers’ Compensation attorney near you.
Car accidents which happen while travelling to a client’s site as a part of your job are covered under Workers’ Compensation.
Employees who travel out of town on business are covered under Workers’ Compensation for the duration of their trip. If you are injured while out of town, even if you are not directly working at the moment, you will be eligible for compensation. This includes car accidents travelling around the city, or injuries sustained at a restaurant where you are ordering dinner. However, you may not be eligible for compensation for injuries you suffer while intoxicated on a business trip.
If you need help navigating the complicated Workers’ Compensation laws in South Carolina, please visit the website of McWhirter, Bellinger & Associates, PA today to speak with an attorney who can help you.
