Why You Need An Experienced Attorney
Our South Carolina Workers’ Compensation Laws Are Redefined and Change Regularly During The Course Of The Year
Workers’ Compensation Cases which are appealed to the are ruled upon regularly by our higher courts. These precedents redefine and and sometimes completely reverse what has been traditionally viewed as a compensable injury. You need an attorney who is constantly aware of these sometimes weekly changes.
At the Law Office of Peter Brown, it is our job to stay attuned to what cases are being appealed and if they will ultimately impact our clients. Please contact our office to see if your case is compensable. We provide a FREE confidential case evaluation. Contact us at (843) 971.0099 or click here
Historical Perspective of Workers’ Compensation and the Reporting of Injuries:
Workers’ Compensation is not structured around the usual legal concepts of which most people have some general understanding. Despite the social implication and intent of Workers’ Compensation, there is nothing intuitive about Workers’ Compensation or its application in the contemporary work world.
The workplace is defined differently today from the time when the Workers’ Compensation laws were first drafted. The nature of work has changed with technology in virtually every industry and there are newly developed industries with hazards never previously considered. The evolution of medical science with advances in treatment and rehabilitation have also radically altered the nature, severity and ultimate outcome of injuries sustained in the workplace.
One Third (1/3) of Injuries Are Not Reported:
After one hundred (100) years of Workers’ Compensation laws, research shows that about 33% of work-related injuries and occupational illnesses are not reported to employers! Of those actually reported, only about two thirds (2/3) of those result in a Workers’ Compensation claim for benefits owed the injured worker by law.
There are three (3) explanations:
- Employees are concerned about their eligibility for Workers’ Compensation.
- Employers still operate on the bias that employees who file Workers’ Compensation are malingering or exaggerating their injuries for monetary gain.
- Employees are afraid to jeopardize their jobs.
The Constantly Evolving Law of Workers’ Compensation:
In reality, the Workers’ Compensation law can be very complex in certain areas. The South Carolina Workers’ Compensation law typically undergoes some revisions and refinements each year. The interpretation and application of the South Carolina Workers’ Compensation law changes with new case rulings (precedents) with nearly every new term of the Court of Appeals and the South Carolina Supreme Court.
It is important to have a South Carolina Workers’ Compensation attorney that is current with the ever changing system so that your attorney can properly strategize the handling of your claim.
Peter David Brown first worked as a Workers’ Compensation Insurance Defense Attorney before switching sides to represent the injured worker.
Hire a South Carolina Workers’ Compensation Attorney Who Knows how the other side thinks! Peter does.
Workers’ Compensation Insurance claims adjusters are trained and often licensed professionals who are likely handling fifty (50) to one hundred (100) claims at a time. Their objective is to dispose of claims, paying as little as possible in order to save the insurance company money and earn their fees/commissions.
*They are not looking out for your interests- that is not their job. That is our job!*
Knowing the Employers’ Tendencies:
Employers and their insurance carriers often have their own philosophies and protocols for handling their Workers’ Compensation cases. Workers’ Compensation cases are often managed very differently within and among the various industries. It is important to have a South Carolina Workers’ Compensation attorney that is familiar with the employers and their approaches to handling Workers’ Compensation cases. Because of the number of claims we have handled over the years, we are very familiar in regard to how certain employers handle their employee’s injuries. We will put this knowledge to work for you in an attempt to secure for you the most favorable outcome available.
Settlements can affect other legal benefits in the future:
Lastly, Workers’ Compensation cases are legal cases which involve the injured worker’s rights to benefits, his health and wage-earning capacity, and his ability to care for his family. The injured worker may be presented with legal documents or forms to sign, which will affect the worker’s future entitlement to benefits. While Workers’ Compensation benefits are not the same thing as group health/disability benefits, secondary or personal health or disability coverage, retirement disability, Social Security disability benefits or unemployment benefits, these other benefits may apply to the same set of circumstances which gave rise to the Workers’ Compensation claim. The manner in which the Workers’ Compensation claim is handled and resolved may determine an injured worker’s entitlement to benefits under other systems. An individual not familiar with how various benefits systems overlap or potentially conflict with one another might completely overlook other benefit elements that would provide future income. It bears repeating that an injured worker should realize that the Workers’ Compensation adjuster will always keep the insurance company’s interests as their top priority.
The Insurance Company Has A Lawyer, Shouldn’t You?
Each injured worker should realize that the insurance adjuster will have their own experienced Workers’ Compensation defense lawyer reviewing and guiding the injury claim from very early in the process. This is sufficient reason alone for the injured worker to consider hiring an experienced South Carolina Workers’ Compensation lawyer! Keep the playing field level by having your own attorney to help advise you of your rights as an injured worker. We don’t take a fee unless we are successful in getting you paid for your injury!.
This is why you need to hire an experienced Workers’ Compensation attorney to handle your claim. Please feel free to e-mail us at Peterdavidbrown.com or call us at 843-971-0099. You can click here to reach us now and set up a no-cost conference to evaluate your claim.