Columbia Catastrophic Injury Lawyer

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A catastrophic work injury can completely change your life in an instant, keeping you from doing things that you find meaningful or that allow you to support yourself and your family. If you are in this position because of something that happened at work — such as a rogue forklift pinning you against a wall — you may be eligible to request compensation under the work injury insurance system in South Carolina. To initiate a claim for these benefits, you may have to notify your employer about your injuries and file paperwork with the Workers’ Compensation Commission.

At Williams & Roche, LLC, we can appreciate the sense of unrest and worry someone may experience after a catastrophic work injury. Our South Carolina workers’ compensation attorneys have decades of valuable and finely-tuned training and practical skills at their disposal. We welcome the opportunity to discuss your concerns and brainstorm ways we can help.

What Does South Carolina Consider to Be a Catastrophic Injury?

A catastrophic injury is one that causes irreversible and disabling damage to someone’s body or nearly costs them their life. For example, a paralyzing spinal cord injury may fall under the definition of catastrophic. Likewise, a traumatic brain injury that puts someone in a coma or deprives them of their ability to talk may be as well. The idea is that the person sustains severe, extraordinary, or life-threatening damage to their body.

Types of Catastrophic Injury Claims

In theory, any condition that causes severe and (in some cases) lasting damage to your body may fall under the umbrella of a catastrophic injury. For example, a severe chemical burn that causes someone to lose sight in both eyes may meet this definition. Additionally, losing a limb in an accident may also qualify as catastrophic. Other types of losses that fall into this category include severe burns — such as third-degree burns — completely losing your hearing, and organ damage.

Can You Receive Workers’ Compensation for a Catastrophic Injury?

South Carolina law may allow you to recover compensation for a catastrophic injury if it is work related and impairs your ability to function. For example, breaking your spine in a car accident while traveling between work sites may qualify as job-related. Likewise, falling off a ladder and cracking your head on the pavement may also count as a catastrophic injury if the traumatic brain injury severely limits your ability to function. The amount and type of compensation you may receive depends on your unique situation.

When you are severely hurt and believe filing a workers’ compensation claim would be in your best interest, consider working with a knowledgeable catastrophic injuries lawyer. They can thoroughly review your claim and develop an effective strategy to argue in favor of you receiving full and fair benefits.

What Is the Difference Between Temporary, Total, and Partial Disability Payments?

Your employer — or their insurance company — may send you different types of payments while you are hurt and unable to work. Categories of disability checks you may receive include temporary, total, and partial. While you may only receive one or two kinds of payments, each one of these serves a different purpose and comes up during separate stages of your recovery.

Temporary disability payments

Your employer may send you temporary disability payments after you have been out of work for seven days while they finalize the review process for your claim. You would continue to receive these payments while you are written out of work by the doctor. Even though you may initially receive temporary disability payments, your employer and their insurance company may still decide to deny your claim.

Total disability payments

Total disability payments are appropriate if you are completely unable to work because of your injuries. Should you qualify for these benefits, you may continue to receive them for up to a maximum of 500 weeks. That said, if you have paraplegia (paralysis from the waist down) or quadriplegia (you cannot move anything from the neck down), you may receive payments for the rest of your life.

Partial disability payments

If your condition limits your functioning but you are still able to work, your employer’s insurance company may send you partial disability payments. The purpose of these funds is to make up for the difference between what you made before the incident and what you are able to make now.

What Is the Process for Requesting Catastrophic Injury Claim Compensation?

Notifying your employer is the first step in seeking benefits because of a severe traumatic brain injury, spinal cord damage, or other catastrophic condition. Under South Carolina law, you have up to 90 days to tell your boss that you got into an accident or experienced harm because of the workplace.

After submitting this initial notice, you should then file the appropriate documents with the Workers’ Compensation Commission. Typically, you have up to two years to submit these documents unless an exception applies. For example, people who are incapacitated — e.g., are in a coma because of their injuries — may have additional time unless they have a designated trustee or guardian. In that case, the trustee or guardian may file the claim on behalf of the injured person.

Should You Hire a Lawyer for Your Workers’ Compensation Claim?

You can file a workers’ compensation claim without a catastrophic injuries attorney; however, hiring a legal team to guide you through these stages may be a good idea. The attorney can handle all aspects of your claim so you can focus your time and attention on recovering. For example, your advocate can help you identify and meet deadlines and prepare and submit necessary documents to move your claim forward. Likewise, they can review and respond to official letters and information you receive from the Workers’ Compensation Commission, your employer, or your employer’s insurance provider.

Call a Catastrophic Injury Workers’ Compensation Attorney for Legal Help in South Carolina

If you fractured your spine, lost a limb, sustained a life-altering brain injury, or were hurt in other severe ways, it is important for you to get the resources you need to begin to rebuild your life and sustain yourself. That said, requesting benefits may be challenging to do without having a legal background and while also trying to manage medical appointments and other obligations.

Williams & Roche, LLC, is here to help you take the next step to claim compensation after a catastrophic work injury sets you back. Contact us today by calling 803.784.0503 to set up an initial consultation to discuss your concerns and how we can assist you.

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