In The NewsSouth Carolina Worker’s Compensation ChangesMarch 16, 2006 Several issues regarding worker’s compensation claims were passed recently by the South Carolina House which will make it more difficult for workers to obtain worker’s compensation. The laws were passed after a month-long debate in the full House and in the Labor, Commerce and Industry Committee of South Carolina. The laws change the way in which worker’s compensation claims are handled and change how worker’s compensation is doled out to recipients from the government. A major change is making the Second Injury Fund available only to people with amputated limbs, blindness or a ruptured spinal disc. Previously the funds were available to a wider range of claimants. Other changes to the laws include a clearer definition of repetitive trauma and the ways in which repetitive trauma claims are made. These definitions are an effort to crackdown on purportedly fraudulent claims by workers. Also required of all claimants of worker’s compensation will be expert testimony in order to ascertain the degree of injury to the claimant. Other changes include more penalties for fraudulent claims and overturning a court ruling that forbid any communication between injured claimants and the company they were working for. The laws come as many in the state are attempting to reduce the amounts paid out due to false claims and their other associated costs. Critics of the laws contend that they will do little to crack down on what many see as an abuse of worker’s compensation claims because the laws do not go far enough. Others state that the laws will hamper legitimate claims and make those who lawfully file worker’s compensation a more difficult process to do. Aspects on worker’s compensation legalities including caps on lawsuits were taken out of the bill before it was voted on. The new laws will likely mean more costs to business owners, including small business owners. The laws are set to take effect on January 1, 2007 unless a study being done proves that they will result in more costs to the state. The Louthian Law Firm is one of South Carolina’s most respected law firms handling cases of on the job injuries and other worker’s compensation issues. If you or someone you love is worried about being affected by the new law changes that may go into effect, contact our office for a free consultation. Small business owners, workers who have been injured and receiving worker’s compensation, or anyone involved in the legal aspects of employing workers may all be affected by these new laws. Our South Carolina personal injury attorneys are available to answer your questions regarding worker’s compensation law changes and can handle most any worker’s compensation lawsuit in the state. Contact us today for a free evaluation. back to articlesSouth Carolina Workers Compensation Attorney Disclaimer: The on the job accident, work injury, worker compensation, job injury, workers comp or other legal personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Further communication with our attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a Columbia South Carolina workers compensation lawyer at the Louthian Law Firm, P.A. for a consultation on your particular personal injury matter. This web site is not intended to solicit clients for matters outside of the state of South Carolina. |