When an employee is hurt at work, he or she is usually limited to benefits available under the workers’ compensation laws. Such benefits typically include past and future medical care, temporary disability, or permanent disability payments. Under the “exclusive remedy doctrine,” the employee cannot file a traditional negligence lawsuit against…
Many issues can arise in a typical workers’ compensation case – disputes concerning the nature and extent of the employee’s injuries, whether the employee is able to return to work following an injury, and the amount of compensation to which the employee is entitled if he or she suffers from a…
The fact is that most civil lawsuits are settled outside court. Of those that are tried, only a small percentage are appealed. Fewer still are appealed past the intermediate court of appeals and on to the state’s highest court. Still, there are a few cases that make it all the…
When an employee is hurt on the job, and a permanent injury results, he or she is usually assigned an “impairment rating” under the American Medical Association’s Guides to Permanent Physical Impairment. The workers’ compensation commission – and the court, if the matter proceeds further through an appeal – uses…
It seems that everywhere one turns these days, there’s someone asking for a signature on a waiver, a release document, or a contract agreeing – in advance – to arbitration of a dispute that has not yet occurred. The goal, of course, is to usurp the signer’s right to a trial by…
Under South Carolina law, a person who is injured in the course and scope of his or her employment may file a claim seeking workers’ compensation benefits, such as temporary disability benefits, permanent disability benefits, and medical benefits. If a claim is denied by the employer’s insurance company, the injured…
Mesothelioma is a type of cancer that is caused by exposure to asbestos. Generally speaking, the more a person is exposed to asbestos, the greater his or her risk of developing the disease will be. In most cases, it takes several years (sometimes even decades) after the initial exposure for…
Under South Carolina workers’ compensation law, employees who are injured in the course of their employment are entitled to certain benefits, such as the payment of medical expenses and disability payments. While workers’ compensation cases are supposed to be less contentious than tort cases alleging negligence, they are not always…
The appellate process is designed to provide efficient and meaningful review of the decisions of lower courts and administrative tribunals. Of course, even when things run smoothly, an appeal can lengthen the time that it takes to resolve a dispute. When an appeal does not follow the usual course, however,…
Placing a loved one in a nursing home, long-term care facility, or assisted living center is an extremely difficult, emotionally fraught decision – perhaps one of the toughest choices many of us will ever be called upon to make. Often, the primary reason for deciding to place a family member…