Our Columbia workers’ compensation lawyer Bert Louthian of The Louthian Firm Accident & Injury Lawyers represents injured workers and their families. We know how important it is for you to get the workers’ compensation benefits that you are due under the law. Call us at (803) 592-6231 to request a consultation with an experienced injury lawyer in Columbia.
Lawyer for Workers’ Compensation in SC
The Louthian Firm Accident & Injury Lawyers helps people who are hurt on the job access their benefits in the workers’ compensation system. Workers’ compensation is supposed to be easy – you report your workplace injury and receive your benefits.
However, it’s often anything but easy. The employer or insurance company may deny the benefits that you deserve. You may not even know if you’re receiving the benefits you deserve.
You can have an experienced lawyer represent you. Bert Louthian is a lawyer for workers’ compensation in South Carolina. He helps people who get the benefits they deserve while answering your questions and explaining the process.
Contact us to learn more about your situation and begin today.
How Does Workers’ Compensation Work in South Carolina?
Workers’ compensation is a program meant to help workers who are hurt on the job. Most employees are covered by the program. It provides benefits without the injured worker having to prove that the employer is at fault for the accident.
Workers’ compensation benefits fall into three categories – medical care, lost wages and permanent disability. The injured person may receive medical care, provided by their employer, at no cost to them. If they can’t work, they receive 2/3 of their average pay up to a maximum amount. Disability benefits compensate the worker for loss of use of a body part, whether it causes a partial or total disability.
The workers’ comp process start when the worker reports their injury to the employer. They may seek emergency care, If possible, they must go to a medical care provider approved by the employer. Following a report and investigation, the insurance company should pay benefits. A worker may file Form 50 or Form 52 to request a hearing regarding their benefits.
Who is covered by workers’ compensation?
Most businesses with four or more employees must carry workers’ compensation. Part-time workers and family members count. There are some exceptions including businesses with a small annual payroll (less than $3,000), federal employees and agricultural employees.
The largest employers in Richland County are the State of South Carolina, Prisma Health, BlueCross BlueShield of SC and Palmetto GBA, the University of South Carolina, Richland School Districts, Richland County and the City of Columbia. The victim must be an employee and the injury must arise out of and in the court of employment.
Experienced Lawyer for Workers’ Compensation
Lawyer Bert Louthian can assist with any aspect of a workers’ compensation case. Whether your injury has just occurred, and you are wondering how to begin, or you need help contesting your benefits, The Louthian Firm Accident & Injury Lawyers can represent you.
Some ways we can assist you in workers’ compensation are:
- Reporting your injury
- Understanding what benefits you ought to receive
- Ensuring you file Form 50 or Form 52 to preserve your right to benefits and request a hearing
- Guiding you through the steps you need to take to continue receiving your benefits
- Proving that your injuries are the result of a workplace accident
- Addressing any issues with your medical care including requesting a hearing for a different medical care provider, if necessary
- Calculating your wage benefits
- Determining if compensation for partial or total disability is accurate and complete
- Negotiating a settlement, and making sure that you understand the terms of a settlement
Workers’ compensation seems relatively straightforward. However, there are factual and legal issues that can quickly make a case complicated. With more than three decades of experience helping injured workers and families, Bert Louthian understands what to look for and how to advocate for injured workers.
We handle claims throughout the Columbia, SC region. To see how we can help you, contact us today to talk about your case.
Workers’ Compensation FAQs
How long do you have to file a claim for workers’ compensation in South Carolina?
You should report your workplace injury immediately to a supervisor or company representative. You have two years to submit Form 50 (injury) or Form 52 (death) to preserve your right to benefits.
I need emergency medical care – can I go to any ER?
Yes. Generally, you must receive medical care from a care provider chosen by your employer. However, when you need emergency care, and there isn’t time to find an authorized care provider, you can go to the nearest ER. Follow up care must be from an approved care provider.
If a worker dies on the job, can the family receive workers’ compensation benefits?
Yes. When an employee dies on the job, surviving family members may qualify to receive workers’ compensation death benefits. Benefits may include 2/3 of the person’s average wages for up to 500 weeks and funeral benefits.
How much money can I receive from my employer for my work injury?
South Carolina employers are required to reimburse injured workers for 100 percent of their medical bills and two-thirds of the amount of their normal wages while they are out of work. The maximum award for total disability or death in South Carolina is limited to 500 weeks of compensation.
How long can you receive medical care in South Carolina workers’ compensation?
In South Carolina workers’ compensation, you may receive medical care until you reach maximum medical improvement, or until your medical condition improves as much as it’s going to. Maximum medical improvement is an important term – and event – in a workers’ compensation claim. It may mean the insurance company stops paying temporary disability. Many people can return to work, with or without restrictions. Reaching maximum medical improvement may prompt a permanent impairment rating and permanent disability compensation.
Can you receive workers’ compensation for pain and suffering in South Carolina?
South Carolina workers’ compensation does not pay pain and suffering.
What if I don’t like my workers’ compensation doctor?
If you don’t like your workers’ compensation doctor, you can ask the insurance company if you can go to someone else. If they say no, you can ask for a hearing for a commissioner to decide if you can have another doctor.
What can I do if I’m not receiving the workers’ compensation benefits that I deserve?
If you’re not receiving the workers’ compensation benefits you deserve, you may file Form 50 or Form 52 and request a hearing. There is a $50 hearing fee. A commissioner decides your right to benefits. You may also negotiate with the insurance company to reach a settlement.
What if my employer says they don’t have the money to pay my claim?
All employers who are subject to the Workers’ Compensation Act are required, by law, to maintain enough insurance to pay workers’ compensation or demonstrate proof to the S.C. Workers’ Compensation Commission that they otherwise have the means to pay an injured employee. Don’t let your employer tell you otherwise. Contact a work injury attorney so that you can get what you rightfully deserve.
What if my workers’ compensation benefits are denied at a hearing?
If your workers’ compensation benefits are denied at your hearing, you may appeal. The next step involves a panel of commissioners to review the case. You have a short window to request an appeal, so don’t wait to begin.
Do South Carolina workers’ compensation benefits continue indefinitely?
For most people, South Carolina workers’ compensation benefits last up to 500 weeks. For victims who suffer quadriplegia, paraplegia or brain damage, benefits may continue for life.
What is the South Carolina workers’ compensation definition of injury?
For South Carolina workers’ compensation, S.C. Code § 42-1-160 defines a workplace injury as an injury that results from an accident, and which arises out of and in the course of employment. It may include a disease that results naturally and unavoidably from the accident.
Why Choose The Louthian Firm Accident & Injury Lawyers?
The Louthian Firm Accident & Injury Lawyers is your law firm when you are injured. We are here for you when life goes wrong. Here are some reason people choose us when they need legal representation for workers’ compensation:
- Complete representation. Whatever the stage of your case or the issues present, Bert Louthian can represent your interests.
- Exhaustive investigation. Success for our clients requires careful case preparation. We document the circumstances of the accident, the medical evidence and other details that are critical to you receiving your compensation. This technical work gives you a strong case.
- Decades of experience. Bert Louthian has been advocating for families in Columbia, SC since 1985. Under the mentorship of his attorney father, Bert saw how qualified legal advocacy can make a difference for injured workers. He brings this experience to each case that he represents and each person that he serves.
- Communication throughout the case. Representing a client well means making sure that they know what’s happening in the case. Bert takes the time to answer your questions and explain what is happening. That way, you know what is going on and you have confidence in the progress of your case.
- A track record of success. Bert Louthian is an AVVO 10.0-rated lawyer. He is a member of the Multi-Million Dollar Advocates Club and has been named a Top 100 lawyer by The National Trial Lawyers. These awards reflect his devotion to his clients and the detailed work he does each day for the people he serves.
When you’re injured, you need to focus on your recovery. Let us take care of everything else. We invite you to get to know us with a consultation that is specific to your situation. Meet Bert Louthian and see how he can assist you with workers’ compensation.
Consultations Available
We represent injured workers in workers’ compensation claims. We also represent families who have lost a loved one from an on-the-job accident.
Consultations are available with Columbia workers’ compensation lawyer Bert Louthian. We invite you to talk to The Louthian Firm Accident & Injury Lawyers about your situation.
Call our firm at (803) 592-6231 to begin.
