FAQ's

What Is Workers Compensation?

Companies with 4 or more regularly employed workers must provide their employees coverage for injuries they received on the job

What Does Workers Compensation Cover?

It covers medical bills, prescriptions, mileage to and from medical appointments, weekly compensation while out under doctor's orders, and compensation for permanent impairments that result from injuries sustained by employees acting in the course and scope of their employment.

What Is Not Covered by Workers Compensation?

Pain and suffering and punitive damages are not covered by workers compensation.

Who Pays for Workers Compensation Benefits?

By law, any employer with 4 or more regularly employed workers must pay for insurance coverage to cover their employees.

What Should an Employee Do if Hurt on the Job?

Report the injury to your supervisor immediately and ask to complete a Form 12-A.

How Do I File a Workers Compensation Claim?

Report it to your supervisor, complete a Form 12-A that the HR department will have and call my office so that I can make sure your claim is filed in a timely fashion.

How Does Workers Compensation Insurance Work?

An insurance adjuster will be assigned to your case to provide you with the medical assistance you need. If you are unable to work according to a doctor, then the carrier will pay you weekly benefits each week based on a mathematical formula. A nurse case manager may also be assigned to your case to attend medical appointments with you.

If an Employee Is Receiving Workman's Comp Benefits, Are They Eligible for Disability, Unemployment, or Social Security Benefits?

If you are receiving weekly compensation from the workers compensation carrier, you cannot receive money from any of the sources listed here.

Do I Have to Have Workers Compensation Insurance?

An employer must provide coverage if that employer regularly employees 4 or more people. There are many borderline cases where the facts are not so clear and a Workers' Compensation Commissioner will decide whether an employer should provide coverage.

How Do I Get Workers Compensation Insurance?

It is the employer's responsibility, not the employee's, to obtain coverage. The employer can call any insurance broker to obtain coverage.

What do I do after an accident?

Take pictures of your automobile and any other automobiles involved in the accident. Take pictures of your injuries. Make sure you get to a doctor or hospital immediately and tell them everything that is hurting. Follow up with your doctors. Notify your own automobile insurance carrier so they will have record of it. Contact a Personal Injury Law Firm like Chad Pye Law Firm

How do I know if I have a case?

If you were injured and it was not your fault, you have a personal injury case.

Do I have a case if I do not feel hurt?

If you are not hurt but have a damaged car then you only have a case for property damage. If you are in doubt as to whether you have an injury case, call a respected attorney knowledgeable in this area of the law.

How long do I have to file a personal injury case?

In most cases you have to file within 3 years of the accident; however, some types of cases must be filed within 2 years of the accident or event.

What do I do if an insurance adjuster calls me?

Refer them to your personal injury lawyer if you have one. Do not give a recorded statement until you have hired a lawyer.

What damages are available in a personal injury case?

You can recover money for your current medical bills, for your future medical bills, for pain and suffering, and for lost income. You can also get money for the damage to your property and your spouse can make a claim for the loss of your companionship to them.

How much is my personal injury case worth?

This depends on many factors. For a realistic answer to this you need to consult with a knowledgeable attorney.

What if I had a pre-existing condition?

Having a pre-existing condition does not completely bar you from recovering for injuries suffered in an accident.

What if I was partly at fault for the accident?

As long as you are not more than 50% at fault you can still recover in South Carolina; however, the amount you recover will be diminished by the amount of fault contributed to you.

How long will it take to settle my claim?

A claim cannot appropriately be settled until all medical care is obtained and all medical bills are in. Once all treatment is complete, there may be future medical costs that one may incur and those can be factored into the settlement amount.

What is a release in a settlement?

A release serves to release the at-fault driver from responsibility so do not ever sign a release until you have received everything you feel is owed to you.

How long will it take to get my check?

Once a case is settled, it usually takes 2 or 3 weeks to get the settlement check in.

How do I pay my medical bills until I get my settlement?

If you have health insurance then they should pay your medical bills. If you do not have health insurance or they are simply refusing to pay, you should set up a payment plan with the provider. Most providers will take payments of $20 to $50 per month towards the bill.

How do I make up for my lost wages until I get my settlement?

If you are out of work due to a non-work-related accident, you may be eligible for short term disability if you have a policy covering you.

What if the accident happened on the job?

Then you have two cases: 1) workers compensation case and 2) car wreck case. You must do the workers' comp case first. Then you can file the car wreck case against the at-fault driver.

Do I need a lawyer for a personal injury case?

In my opinion, definitely need a skilled attorney to help you through the car wreck case. Some people think they can save money by not using lawyer; however, in 22 years of handling these cases, I always get more for my client than they would have received or have been offered prior to my involvement.

How do I pay for a lawyer in a personal injury case?

The lawyer does not get paid unless you do. The lawyer gets a percentage of what the lawyer gets you. That percentage will be in writing when you retain the lawyer with the use of a retainer agreement.