Workers Compensation Benefits

Are you curious if you could get workers compensation benefits after an injury at work? Check out this article and give our South Carolina office a call.

Workers’ Comp Benefits Cap

Workers Compensation BenefitsRecently, someone called and told me that they had experienced a serious injury in South Carolina. They had been going along without an attorney because the employer and the workers’ comp carrier, at least to their knowledge, was paying everything like they were supposed to. They were wondering how long this could go on and if there was a cap that might prevent them from collecting further workers’ compensation benefits.

Well, in South Carolina there’s different levels of benefits, and the level of benefit is determined by the number of body parts that are injured. In South Carolina, if you’re receiving benefits, the employer is going to direct you to company doctors. When you’re dealing with company doctors, you have to be careful that you don’t have more injury than the doctor is willing to admit, more permanent impairment than the doctor is willing to admit. You need an experienced South Carolina workers’ compensation attorney to review your medical records and interview you, to determine if you don’t have more injuries that can qualify you for the maximum benefits, which, in South Carolina, is 500 weeks or a little more (sic) than ten years.

Nevertheless, in South Carolina you’re entitled to lifetime medical benefits. There is no cap. If there is no cap, then you need to have an experienced South Carolina workers’ compensation attorney, and possibly a doctor that the South Carolina workers’ compensation attorney can send you to that the South Carolina workers’ compensation attorney trusts. You can then trust that doctor to assess what your true future medical bill will be over the course of your lifetime that relates back to your injury on the job.

These types of issues require an experienced South Carolina workers’ compensation attorney to evaluate. Trying to evaluate these issues on your own is an extremely difficult thing to do. When you try to do it, it’s a red flag to you that if you’re struggling just the slightest, or you have questions, you need to contact an experienced South Carolina workers’ compensation attorney. Our office does this for our clients all the time. Call us so that we can protect your rights and your family.

Social Security Disability Benefits

Recently, somebody in South Carolina called my office. They had some questions about their workers’ comp case. I answered those questions, and they decided to retain me as their attorney to fight for them in their South Carolina case because they realized by hiring me, they were going to get more money out of their South Carolina workers’ comp case even after they paid me than if they tried to negotiate by themselves with the workers’ compensation carrier. While they were talking with me, they mentioned that their injuries were so severe that they felt like they might qualify for Social Security disability. We agreed. We thought that they might as well, and so we encouraged them to go forward and file for their Social Security disability. We also let them know that some of the evaluations that we would send them to and reports that we would get from people like vocational counselors or doctors that we trusted could be used in their Social Security disability case.

On some cases, we actually represent the person in both claims. Other times, we send somebody to a Social Security attorney that we know is good, particularly if I’m busy and I don’t have time to represent them in the Social Security claim. We share with that new attorney the information that we’re using in the workers’ comp claim to make both cases winnable, strong cases. When you have a situation where you’re receiving workers’ comp benefits and Social Security disability benefits, it means that when you settle your workers’ comp case, you have to take into consideration Medicare’s interest, and you have to make certain that we’re not settling your workers’ comp case without making certain money is set aside to pay for the related medical bills and future medical care that you are going to have because of your injury on the job. Medicare is not willing to allow workers’ comp to push their obligations onto Medicare. In addition, when you receive workers’ comp and Social Security disability benefits, Social Security has an offset against what you’ve received in your workers’ comp.

With an experienced South Carolina workers’ comp attorney, we know how to minimize that offset so that you can settle your workers’ comp case and not have to pay an exorbitant amount to Social Security disability. There’s special legal language that has to be placed into the compromise settlement agreement to protect your rights and to protect your settlement. If you have a case where you’re injured in this regard, and you’ve reached the age where you’re close to retirement, and your injuries are so severe you can’t go back to work, and you’re thinking about filing for Social Security disability, call our office. We’ll fight for you in your workers’ comp case. We’ll coordinate your workers’ comp case with your Social Security disability case to protect your rights. Call our office and let us help.


Were you or a loved one hurt on the job in South Carolina and have questions about the workers compensation benefits? Contact experienced South Carolina worker’ compensation lawyer H. Bright Lindler today for a free consultation and case evaluation.

We will fight for you and your family.

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