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Articles Posted in Workers’ Compensation

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Federal Court Denies South Carolina City’s Motion to Dismiss Civil Rights Case Following Construction Worker’s Death in Unboxed Trench – Estate of Myers v. City of Columbia

Generally speaking in South Carolina, a person who is injured on the job (or the family of a person who is killed while in the course and scope of his or her employment) is restricted to recovery of the benefits available under South Carolina’s workers’ compensation law. This is true…

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South Carolina Supreme Court Finds that Employee’s Testimony that He Gave Timely Notice of Injury Was Supported by Substantial Evidence – Hartzell v. Palmetto Collision

South Carolina law limits both the time that an injured worker has to give notice of a work-related injury and the time for filing a claim with the workers’ compensation commission, seeking to enforce his or her right to medical care, temporary or permanent disability benefits, and other related matters.…

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South Carolina Workers’ Compensation Commission Erred in Requiring Injured Worker to Establish Change of Condition by Objective Evidence – Russell v. Wal-Mart Stores, Inc.

Although there are limitations and certain disadvantages to a workers’ compensation case as opposed to a more traditional negligence lawsuit, there are some pluses. Among these is the opportunity to reopen one’s case if there is a change in one’s physical condition. In other injury cases, such as those arising…

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South Carolina Worker’s Family Was Not Entitled to Benefits for Deceased Worker’s Death Because No Exception to the Coming and Going Rule Applied – Wofford v. City of Spartanburg

When an employee is hurt or becomes ill as a result of his or her employment, the employee may pursue workers’ compensation benefits such as medical care, temporary total disability payments, and permanent total disability benefits. In cases in which an employee dies as a result of his or her employment,…

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South Carolina Appellate Court Finds Statute of Limitations Had Not Run on Work-Related Back Injury Claim – Rhame v. Charleston County School District

Personal injury lawsuits and workers’ compensation claims must be timely filed, or else they will be dismissed unless they meet the very narrow criteria of an exception to the general rule. The statutes of limitations that control the filing deadlines for injury and wrongful death lawsuits exist to encourage plaintiffs to…

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Subcontractor’s Employee Who Was Killed While Returning to South Carolina After Making a Delivery Was a Statutory Employer of an Upstream Contractor – Collins v. Seko Charlotte

Workers’ compensation laws are supposed to simplify the process by which an injured worker, or the family of an employee killed in an on-the-job accident, receives monetary compensation. Of course, the actual ease of the process depends upon several factors, and some cases can be much more complicated than it…

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South Carolina Worker’s Appeal Within 30 Days of Denial of Rehearing by Appellate Panel of the Workers’ Compensation Commission Was Timely – Rhame v. Charleston County School District

The familiar adage “time is of the essence” is never more true than in a court of law. Consequently, if you have been hurt in an accident, it is important to contact an attorney about your case as soon as possible. This is because, regardless of the merits of your potential lawsuit, the…

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Workers’ Compensation Under Attack By Wal-Mart And Others

A nationwide campaign is underway to gut workers’ compensation laws financed by several large well-known companies including Wal-Mart, Lowe’s, Safeway, Nordstrom, Macy’s, Sysco Food Services, Kohl’s, and several large insurance companies. These companies have formed a lobbying group known as the Association for Responsible Alternative Workers’ Compensation (ARAWC). The organization…

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Why Were Workers’ Compensation Laws Created?

Workers’ compensation laws are a product of the 20th century. According to the South Carolina Workers’ Compensation Commission, prior to the passage of these statutes, workplace injuries were addressed through individual lawsuits. If there was an employee hurt on the job, that person had to file a negligence lawsuit against…

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Do you have lower back pain? It may be a work-related injury

In South Carolina, workers have the right to compensation if they are injured on the job. The benefits they apply for can be used to cover medical expenses such as tests and visits to the doctor, medication costs, lost wages and even compensation for mileage if a person is forced…

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