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Who are the Top Workers’ Compensation Attorneys in South Carolina?

Who are the Top Workers’ Compensation Attorneys in South Carolina?

Goings Law firm Team

Have you been searching for the top workers’ compensation attorney in South Carolina?  There is no list that ranks the “best” attorney for workers’ compensation, but we believe that finding the right attorney to represent you is critical to a successful outcome.
If you have been injured in a work related accident, it is important to hire an experienced workers compensation attorney that can help you get the medical treatment, out of work checks, and settlement for your physical impairment that you are entitled to receive under the law.  On the job injuries can be financially devastating if you do not have a qualified attorney protecting your best interests before the South Carolina Workers’ Compensation Commission.

There is no list that ranks the “best” attorney for workers’ compensation, but we believe that finding the right attorney to represent you is critical to a successful outcome.  When you are searching for an attorney to represent you in your workers’ compensation claim, here are some tips for you to consider so that you choose the best attorney for your case:

1.  HIRE AN ATTORNEY THAT FOCUSES ON REPRESENTING INJURED WORKERS IN WORKERS’ COMPENSATION.

The laws of Workers’ Compensation in South Carolina are unique and often require specialized skill and training to fully understand.  We believe it is important to hire a workers’ compensation firm that focuses its practice on representing injured workers.  Many lawyers handle a variety of matters, such as real estate, divorce, wills, or traffic court, but the lawyer that you should hire for a workers’ compensation matter should make representing injured workers a top priority.  The lawyers at the Goings Law Firm all are trained in workers’ compensation and have considerable experience appearing before the Workers’ Compensation Commission, which makes this firm a great pick for your work accident injury.

2.  READ ONLINE REVIEWS BEFORE YOU HIRE A WORKER’S COMPENSATION ATTORNEY.

  • Have you taken the time to read reviews of attorneys who handle worker’s compensation claim?  We find that online reviews from former clients can be very helpful in picking the best workers’ compensation attorney for your case.  You can find reviews on website such as Google, Lawyers.com, and Avvo.com, and we would recommend choosing an attorney with strong recommendations and reviews of former clients.  When you read the reviews, understand that not every person can be pleased despite how hard you work or how great the result may be for their case.  If you are interested in reading the 5 star and 10/10 reviews about the Goings Law Firm, check out these links: Lawyers.com Reviews, SuperLawyers Reviews, Avvo.com Reviews. The Goings Law Firm is also featured on Expertise.com as a highly ranked injury firm in South Carolina, as shown here.

3.  ONE-ON-ONE ATTENTION IS IMPORTANT.

  • One-on-one attention to you and your case should be a necessary factor in deciding to hire an attorney.  Ask yourself, do you want to retain an attorney that  accepts a “high volume” of injury claims, or do you want an attorney who will get to know you personally and doesn’t treat you as just another number?  We believe that smaller caseloads make for better attorney client relationship, which often fosters a better outcome for your particular case.  At the Goings Law Firm, we provide one-on-one attention to each client.

4.  MAKE SURE THE WORKERS’ COMPENSATION ATTORNEY TAKES YOUR CASE ON A CONTINGENCY FEE BASIS.

  • How you pay your attorney for an injury on the job is important.  The best way for an injured worker to pay for an attorney is through a contingency fee basis.  This allows you to hire an attorney without ever paying a penny out of pocket.   The attorneys would only be compensated if they obtain financial compensation in your favor, so in essence, the attorney’s fees are only “contingent” on your attorney obtaining a monetary result for you. A contingency fee arrangement allows an injured worker to hire an attorney without costing anything on the front end and the attorney bears the risk, not you.  Importantly, contingency fee incentives your attorney to get you the most money possible, because the attorneys’ fees are tied to a percentage of the overall settlement or recovery.  Additionally, your attorney should advance all associated legal costs so that you do not incur any upfront charges or bills during the course of your representation.   At the Goings Law Firm, we only handle workers’ compensation claims under at contingency basis and our attorney’s fees and costs are always approved by the Workers’ Compensation Commission so you know that you are being treated fairly and not being overcharged.

5.  DOES THE WORKERS’ COMPENSATION ATTORNEY HAVE A TRACK RECORD FOR SUCCESS?

  • Another consideration in choosing a worker’s compensation  is whether law firm has a proven track record for success in court. Often times attorneys have no desire or interest in going to court, and instead take the easy route through opting for a settlement that is less than the value of the case.  We refuse to take the “low-ball quick check” approach to helping injured workers.  When the insurance company refuses to give proper medical treatment or pay you what your case is worth, we take them to court.  If workers’ compensation insurance carrier knows you are willing to take your case to trial, this allows you to resolve the case more fairly and with higher compensation.  The Goings Law Firm has a proven track record of winning cases for injured workers before the South Carolina Workers’ Compensation Commission, and we look forward to the opportunity to win your case if you are faced with a serious on the job injury.

6.  HIRE A WORKERS’ COMPENSATION ATTORNEY THAT OTHER ATTORNEYS TRUST.

  • We recommend hiring a workers’ compensation attorney that other attorneys trust for serious injuries that occur on the job.  Asking a lawyer who they would recommend is often a good way to find an experienced attorney.  Many of the workers’ compensation clients of this firm are based on recommendations from other attorneys.  The Goings Law Firm is a firm that other attorneys routinely trust and hire in representing their clients before the South Carolina Workers’ Compensation Commission.

Are you looking to hire the best Personal Injury Lawyer? 5 Tips to Hire the Right Attorney

Top Voted Personal Injury Attorney Robert F. Goings – Top Voted Personal Injury Attorney

When other attorneys believe you are at the Top, it means something!  Robert F. Goings was named in the Midlands of South Carolina as the Top Voted attorney in the field of Personal Injury in the 2019 Columbia Business Monthly’s Legal Elite of the Midlands.  He was voted to this distinction by other attorneys in the Columbia and Midlands area of South Carolina.  It is a great honor to be considered by other attorneys as the Top Voted Personal Injury attorney, and we believe this distinction reflects our firms strong reputation for honesty, hard-work, and dedication to our clients.  Robert Goings’ reputation in the legal community as a champion for those who have suffered significant injury or a wrongful death is also reflected in being named to Super Lawyers and Best Lawyers in South Carolina by the U.S. News and World Reports.  Being a highly rated and well respected law firm in the field of personal injury, wrongful death, and workers compensation takes many years of excellent results for clients.  From serious motor vehicle collision caused by drunk drivers to medical malpractice and nursing home neglect, Robert Goings and his team of attorneys are highly rated by other attorneys in the legal profession.  To learn more about the 2019 Columbia Business Monthly’s Legal Elite of the Midlands article can be viewed by clicking here.

5 Tips in Hiring the Best Lawyer for Your Personal Injury, Wrongful Death, or Workers’ Compensation Case

We believe that hiring an attorney for your personal injury case is a very important decision.  Hiring the right attorney is critical.  If you are looking to hire a personal injury attorney, here are some tips for you to consider so that you choose the best attorney for your case:

1.  Be Cautious Choosing your Attorney based on a Billboard or a TV Commercial.

  • Be careful if you are choosing an attorney solely based on an advertisement.  Many times, law firms or attorneys will plaster their names all over billboards around town or run tasteless or cheesy television commercials.  Hiring an attorney should not be based on a silly commercial, gimmicky telephone numbers, or promises for a quick check.  Don’t be fooled!  Ask yourself, do you want an attorney that is spending time their marketing to new clients on TV with cartoon-like characters and big numbers to call, or do you want a serious lawyer that is working hard for clients in and outside of the courtroom?  It is hard to be a fighter in the courtroom if your attorney is too busy filming TV commercials or picking out the next billboard to print.  We have found that often times the best attorneys don’t need to advertise.  And if they do advertise, the advertisement should reflect high achievements and strong ethical commitments to the representation of injured people.  We recommend that you hire an attorney who will treat your case as a serious matter and provide you with the best legal representation possible. The Goings Law Firm strives to set itself apart from silly commercial, gimmicky telephone numbers, or promises for a quick check.  Instead, we provide sincere, honest and aggressive representation to people and families faced with serious injury and death.

2.  Read Online Reviews Before you Hire an Attorney.

  • Online reviews from former clients can be very helpful in choosing the best lawyer for your case.  When a former client takes the time to leave a review, it helps people searching for an attorney know what law firm would be best suited for their case based on personality, success, and traits that are important to you.  You can find reviews on website such as Google, Lawyers.com, and Avvo.com, and we would recommend choosing an attorney with strong recommendations and reviews of former clients.  At the same time, we all know that not everybody can be made happy despite how hard you work or how great the result may be for their case.  If you are interested in reading the 5 star and 10/10 reviews about the Goings Law Firm and Robert Goings, check out these links:  Google Reviews, Lawyers.com Reviews, SuperLawyers Reviews, Avvo.com Reviews. The Goings Law Firm is also featured on Expertise.com as a highly rated and reviewed personal injury firm in Columbia, South Carolina, as shown here.

3.  Consider if you want a “High Volume” Law Firm or an Attorney that You Will Give you One-on-One Attention.

  • When you are searching for an attorney, it is  important to consider if you want a law firm that accepts a “high volume” of cases or claims or if you want a smaller firm that only accepts a select number of clients.  Also, do you want your case or file to be a number or would you rather be represented by an attorney who knows you personally and doesn’t treat you as just another number?    Because legal matters can often times be complex and time consuming, we have found that we provide the best representation to our clients when our caseload is smaller and more manageable.  When a law firm is does not accept a large number of cases, it it naturally easier to develop a relationship with your attorney and for that lawyer to provide one-on-one attention to each client.  At the Goings Law Firm, we strive to provide one-on-one attention to each client.  You will not be a just a number at our firm.  If you want a “high volume” firm, we would not be right fit for you.  We don’t operate with a “settlement mill” or “ambulance chaser” mindset, but with the focus on treating you in the same manner we would expect to be treated.

4.  Is The Attorney a Real Trial Attorney with Results in Court?

  • Another consideration in choosing a personal injury or wrongful death attorney is whether the attorney has a strong track record in going to court.  It is important to know if your personal injury attorney has the trial experience to represent you in court.  Often times attorneys have no desire or interest in trying cases even though they label themselves as “trial attorneys.”  The Goings Law Firm is truly a team of trial attorney who are not scared to go to court!  We refuse to take the “low-ball quick check” approach to representing victims.  We go to court when necessary.  We have found that if the insurance company knows your attorney is willing to take your case to trial before a judge or a jury, then the defendant or insurance company is more likely willing to resolve the case more fairly and with higher compensation.  On the other hand, if the defendant or insurance company knows that the attorney has a reputation of never taking the case to trial, then the the defendant or insurance company has no real incentive to fairly compensate you.  The Goings Law Firm has made its reputation in the courtroom with verdict after verdict in favor of our clients.

5.  Hire an Attorney that Other Attorneys Would Hire.

  • Lawyers in the community typically know which lawyers are the best to hire.  Asking a lawyer who they would recommend is often a good way to find a lawyer for your case.  The Goings Law Firm represents many clients on the recommendation of other attorneys.  In fact, attorneys often times refer clients to the Goings Law Firm in situations where a lawsuit is required to be brought in order to get fair compensation.  The Goings Law Firm is a firm that other attorneys hire to assist in representing their clients in complex litigation matter involving personal injury, wrongful death, and on the job workers compensation injuries.   In fact, Robert F. Goings was named in the Midlands of South Carolina as the Top Voted attorney in the field of Personal Injury in the 2019 Columbia Business Monthly’s Legal Elite of the Midlands.  His honor was based on receiving the top number of votes by other attorneys in the Columbia and Midlands area of South Carolina.  We believe that you should hire an attorney that other attorney would hire!

DON’T LET COVID-19 LIMIT YOUR WORKERS COMPENSATION BENEFITS

Covid 19 Image

Just 3 weeks ago the economy was booming and Americans were working more than ever.  Now with the coronavirus (COVID-19) pandemic, everyone’s security in the workplace is being jeopardized.  We have received inquiries from individuals who were hurt on the job prior to the pandemic but for whatever reason they delayed in giving notice of their injury.  Maybe they were hoping the injury would get better on its own or maybe they were so busy with work they could not take the time off to treat.  Unfortunately, we even hear of individuals that have not reported their accident because they were intimidated, they would be fired for reporting a workers’ compensation claim.  Whatever the reason, injured workers find themselves in the predicament of needing to report the injury but now being temporarily laid-off due to COVID-19.  The good news is you may be able to still report your accident, even if your company is shutting down for the coronavirus.

One of the essential elements of having a workers’ compensation claim in South Carolina is providing proper notice to your employer of the accident and injury.  South Carolina Code Ann. § 42-15-20 provides that an employee has up to 90 days to report an injury.  If you recently got hurt while working do not hesitate to report your accident.  Your 90-day window runs from the date of the accident.  Even if you are not at work currently you can still report your accident through virtual measures.  We recommend emailing or texting your supervisor, human resource representative (HR) or owner of the company immediately.  Your message or email should contain a few basic elements: date of injury, brief description, list ever body part injured and request medical treatment.  Although you can still call in and speak to someone, we discourage using this reporting method by itself as employers and workers’ compensation insurance carriers often deny receiving verbal notice over the phone.

Although COVID-19 may be impacting your life and income immediately, don’t let it impact your ability to seek medical benefits and recovery for your work injuries.  Let us help you answer these questions and any other questions you may have with your work injuries.  Call us today at (803) 350-9230 to find out if we can help


Tips for Hiring a Workers’ Compensation Attorney

If you are considering hiring a lawyer to represent you for an injury that occurred in the course and scope of your job, you will need to determine who is the best workers’ compensation lawyer for you.  Hiring the best attorney is important.  We caution people from choosing a lawyer based on silly advertisements, paid actors on commercials,  or representations that appear too good to be true.  You will not find any gimmicks with our firm!  When injuries on the job, you need a serious lawyer that devotes time meeting with clients and representing them in court. Experience matters in hiring a workers’ compensation attorney in South Carolina.  Here are some tips on hiring a workers’ compensation attorney based on frequently asked questions:

1.  Should I hire a workers’ compensation attorney?

  • If you have been injured on the job, the first questions to ask yourself is “Do I need to hire an attorney?”  An attorney is not required for all workers’ compensation claims.  In fact, many job injuries do not require the need for an attorney if injury is not severe or your work is not limited.  However, we strongly recommend that you consult with an attorney if you fall within any of these categories:
  1. The workers’ compensation carrier has delayed or been been slow in providing medical care.
  2. The worker’s compensation carrier has denied your claim.
  3. If your injury requires surgery.
  4. If your injury requires you to be out of work for over 14 days.
  5. If your injury requires hospitalization.
  6. If you have not received a workers’ compensation check for being out of work.
  • If any of these situations apply to you, then we strongly recommend contacting our office today to see if we can represent you in your workers’ compensation claim.

2.  Will the Insurance Company hire an attorney?

  • Yes, the insurance company will have a team of attorneys to represent the interests of the insurance company and the employer regardless of you hiring an attorney.   If the insurance company and the employer always has attorneys representing them, shouldn’t you have an attorney to represent you?  It’s can be dangerous to represent yourself in a workers’ compensation claim.  Don’t let the insurance company take advantage of you if your injury falls within any of the categories above.

3.  Who should I hire to represent me in my workers’ compensation claim?

  • It is important to hire the best attorney to represent injured workers in workers’ compensation claims. We believe the best representation that you can receive is to hire an attorney who only practices in the field of workers’ compensation.  Not every attorney in South Carolina handles workers’ compensation claims.  The workers’ compensation system is unique in South Carolina.  The South Carolina worker’s compensation laws consist of thousands of pages of statutory laws and regulations, and case law from the South Carolina Court of Appeals and South Carolina Supreme Court.   It is important to hire an attorney with a sole and singular focus in representing injury workers before the Workers’ Compensation Commission.  The workers’ compensation team at the Goings Law Firm has the sole mission of only representing injured workers.

4.  Look at Testimonials or Reviews when Hiring your Attorney.

  • We believe that online testimonials and reviews  are a great place to start when choosing a lawyers for your workers’ compensation claim.  Testimonials and reviews allow you to hear from past clients who have dealt with the law office to determine if you are the right fit for that firm.  We would recommend that you look at sites, like Facebook, Google, Avvo, Super Lawyers, Expertise, and Lawyers.com.  You will find that the Goings Law Firm has received great reviewed from former clients!

5.  Why Hire the Goings Law Firm as your Workers’ Compensation Attorney?

  • When you hire the Goings Law Firm, you are getting a team of dedicated workers’ compensation professionals to represent you.  We believe experience matters.  The more experience your attorney has, the more likely they have seen similar cases in the past and know the best ways to prove your claim.  Robert Goings founded the workers’ compensation practice.  Year after year, Robert Goings receives honors for his commitment to fighting for the right of the injury.  In 2019, Robert was recognized as Legal Elite under Personal Injury Law for the Columbia/Midlands Business Monthly publication.  He received the most votes for Personal Injury Law and was nominated by his peers in Columbia as the Top Personal Injury Lawyer in the Midlands.
  • The workers’ compensation team is lead by Christian Boesl.  Christian has devoted his career to workers’ compensation in South Carolina.  He is listed as a Super Lawyer and in the Best Lawyers in America in the field of Workers’ Compensation.  Before joining the Goings Law Firm, Christian lead the workers’ compensation team at one of the state’s most respected insurance workers’ compensation defense firms for nearly 15 years.  In defending workers’ compensation claims, he knows how the “other side” works in order to best represent you before the Workers’ Compensation Commission.   His experience in defending workers’ compensation claims has proven invaluable in helping injured workers get the benefits and compensation that they deserve under the law.  Many clients and opposing counsel refer to Christian’s efforts as “relentless”, “hard-charging”, and “aggressively confident.”   We believe Christian is the go-to attorney for Workers’ Compensation based on his proven results both in and outside of the courtroom.  Additionally, the paralegals that work at the Goings Law Firm on the workers’ compensation team only focus on workers’ compensation claims.  These paralegals have a combined more than 20 years experience for on the job injuries to ensure that your case is properly handled and that your questions are timely answered.  Just check out the reviews online about our workers’ compensation practice.

6.  How much does the Goings Law Firm charge to represent me?

  • For on the job injuries and workers’ compensation claims, the Goings Law Firm only represents clients on a no-obligation contingency fee basis.  This means that we only get paid if you receive compensation.  If you lose, then you owe nothing to our office.  Our fee is a percentage of the recovery based on the amount permitted by the statutory laws and regulations for workers’ compensation claims in South Carolina.  Our fees are fair, and reasonable, and are always approved by the Workers’ Compensation commission.  Due to the complex nature of workers’ compensation laws, we believe that clients have a better chance in getting a better resolution with the aid of an experienced lawyer instead of representing yourself in court.  There is a lot of value in hiring a firm like the Goings Law Firm.

7.  How do I get in touch with the Goings Law Firm for my on the job injury?

  • Contacting the Goings Law Firm is easy!  Simply call or text us today to see if we can help you get the benefits and compensation that you deserve for your on the job injury.

Why do you need a Workers’ Compensation Attorney?

If you are wondering if you should hire a workers’ compensation attorney, listen to this short video.  Christian Boesl explains when you should hire an attorney to help you with your workers’ compensation claim in South Carolina. Here are the tips to know when you need an attorney.  The insurance company will have attorneys defending the case against you, shouldn’t you have legal representation?  Call us today at 803-350-9230 for a free, no obligation, consultation to see if we can help you.

Personal Injury | Wrongful Death | Workers’ Compensation


Do you have a Shoulder Injury from a Work Related Accident?

If you have a Shoulder Injury from a on the job injury, listen to this short video to learn how the Goings Law Firm can help you get the benefits that you deserve under the South Carolina Workers Compensation laws.  You need lawyer that you can trust.  Call us today at 803-350-9230 for a free consultation.

 


An Overview of South Carolina Workers Compensation Laws – The Basics

The Workers’ Compensation Act in South Carolina provides that if an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent injury as a result of the work accident. The workers’ compensation laws in South Carolina can be complex, difficult to understand, and hard to navigate without the help of an experienced workers’ compensation attorney.

Under the current law, your employer and its insurance carrier has the right to select the doctor who will treat you. If you go to see your own doctor without permission of the employer/carrier, then then employer/carrier may not be responsible for paying for the the medical treatment, unless it constitutes an emergency condition. However, you have the right to choose a physician to evaluate you for the specific disability but typically it will not be paid for by the employer.

Once you suffer an injury on the job you should immediately report it to your supervisor. This should be the same day of the accident, if possible. Never, ever delay reporting the injury to your employer. You should also request that the employer provide appropriate medical treatment. In the event that medical treatment is not provided or not paid for, it would be best to consult with an attorney to determine your rights.

If the claim continues to be contested, or denied, your lawyer should file a Form 50 on your behalf with the Workers’ Compensation Commission to request a contested hearing. This sets out the various parties, the date and description of the accident, who you reported it to, the injuries suffered, whether medical treatment is needed, any disfigurement you may have received and any other relief you may be requesting.

The employer, unless self insured, is usually represented by an insurance company known as the carrier. The carrier files an answer on a Form 51, where they may admit or deny what you have said in your Form 50. The case is then placed on the Workers’ Compensation Commission’s docket, and assigned to an individual Commissioner who acts as a fact finder and also rules on the law. A hearing is usually held within three to five months, and at the hearing the employee presents his/her case. You should understand that the employer/carrier will always have an attorney defending the case. If the employer/carrier has an experienced lawyer, shouldn’t you?

Usually medical testimony is presented in the form of a deposition and your physician will not attend a hearing. The other medical evidence that the Commissioner will rely upon are the medical records you and the Carrier present.

Once a commissioner has ruled on the case, the Commissioner will issue an Opinion and Award which sets forth his/her ruling of fact and law, and what relief, if any, the employee gets. If either party is dissatisfied with the decision, the case can be appealed to the full Commission which is made up of all the Workers’ Compensation Commissioners except for the one who heard the case originally. After that hearing is held, if either party is dissatisfied with the decision, it can be appealed to the Circuit Court and on up to the South Carolina Supreme Court, depending on the procedural posture of the claim. You have 14 days from the date of the Order to file an appeal.

Fault or negligence is not an issue regarding the payment of a workers’ compensation claim unless, for example, the employee was intoxicated at the time of the injury. Remember, if you are injured on the job, report the incident to your supervisor.

If you feel like you are not getting medical treatment or not being paid for being out of work, these are tell-tell signs that seeking legal assistance may be necessary. We are happy to discuss your claim with you to see if an attorney would be your best route to protect you. Call us today for an honest and confidential evaluation of your workers’ compensation claim. The number to the Goings Law Firm, LLC is (803) 350-9230.


Workers’ Compensation Settlement: A proposed law may help protect injured workers

Do you need advise in negotiating your workers’ compensation settlement? Is the Insurance Company and the employer not being fair? A proposed new law in SC may help protect you!

A proposed new law introduced by S.C. House Representative Beth Bernstein has been filed to help protect injured workers when negotiating workers’ compensation settlements. S.C. House Bill 3352 is designed to prevent insurance companies or employers from demanding that injuries employee are required to release other legal claims, such as employment claims (such as ADA violations, sex, age, and gender discrimination, wage disputes) and other employment related disputes as a condition to resolving a workers’ compensation claim for a work related injury. The legislation would prohibit these tactics by employers and carrier, and any such negotiations on these terms would constitute “per se bad faith.” This would be a big win for employees because insurance companies or employers attempt to hold employees “over a barrel” when negotiating settlements, and often time conditioning any workers’ compensation settlement to a full release of any and all legal rights that the employee may have against the employer.

This bill is currently in committee and if passes committee, it may be voted on by the General Assembly this year. The language of the proposed legislation, S.C. House Bill 3352, states:

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 17, Title 42 of the 1976 Code is amended by adding:

“Section 42-17-15.    (A)    A settlement agreement as to compensation between and employer and an injured employee or his dependents provided in Section 42-17-10 is void and unenforceable to the extent that the injured employee or his dependents agree to dismiss, release and forever discharge complaints, liabilities, obligations, promises, agreements, controversies, claims for attorney’s fees, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, and expenses, known or unknown, suspected or unsuspected, which the injured employee or his dependents have, own, or hold against the employer up to the date of the release including, but not limited to:

(1)    claims of unlawful employment discrimination arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000 et seq., the Age Discrimination and Employment Act of 1990, the Employee Retirement Income Security Act (ERISA) of 1974, as amended, the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Older Workers Benefit Protection Act (OWBPA), the Equal Pay Act (EPA), the Fair Labor Standards Act (FLSA), as amended, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA);

(2)    claims for disability and other forms of discrimination or harassment under applicable state or federal antidiscrimination and civil rights laws, claims for retaliation or discrimination under the workers’ compensation law, torts of any kind, including, but not limited to, misrepresentation, negligent or otherwise, fraud, defamation, liable, battery, assault, slander, claims for intentional or negligent infliction of emotional distress, interference with an advantageous business relationship, negligent hiring, negligent retention, interference with contractual relations, breach of covenant of good faith and fair dealing, termination of employment in violation of public policy, breach of employment contract, expressed or implied, nonpayment of wages, overtime, bonus, or other compensation or benefits, or invasion of privacy;

(3)    claims or rights under state and federal whistleblower legislation; and

(4)    other claims, losses, injuries, or damages resulting from, arising out of, or connected directly or indirectly with the employment with the employer including, but not limited to, claims for damages, salary, wages, compensation, monetary relief, employment benefits including, but not limited to, any claims for benefits under an employee benefit plan or any retirement plan, profit sharing, capital stock, bonuses, merit and longevity increases, and all other benefits of any kind, earnings, back pay, front pay, liquidated and other damages, compensatory damages, punitive damages, damages to character, damage to reputation, emotional distress, mental distress, depression, injury, impairment in locating employment, financial loss, home foreclosure, pain and suffering, being made whole, injunctive and declaratory relief, interest, or attorney’s fees and costs arising from the injured employee’s employment.

(B)    The offer of a settlement agreement as to compensation that includes any of the prohibited dismissal, release, or discharge conditions enumerated in subsection (A) constitutes bad faith per se.”

SECTION    2.    This act takes effect upon approval by the Governor.

Source: https://www.scstatehouse.gov/billsearch.php?billnumbers=3352&session=123&summary=B

Do you need help negotiating a workers’ compensation settlement?  We know how to help in order to make sure you receive all the compensation that you are entitled under the law.  Don’t let the insurance company get over on you– hire an experienced lawyer who can help you today!


Workers Comp: What if I can’t return to work?

A common question we get is “What happens if I cannot return to work due to my work injury.”  The fear of not being able to return to work is a real concern if you have been involved in a work related injury.  Often we counsel with people who have given their best years to an employer only to end up with a debilitating injury caused by their work.  Like any hard working individual, they are concerned with their ability to recover and get back to work as quickly as possible.  Unfortunately, many individuals suffer injuries so bad that they are no longer able to meet the work requirements of their job.  Sometimes these injured workers are ill informed that their injury is limited to a recovery solely based on the injured body part.  The insurance company, or its attorney, will try to hurriedly rush an injured worker into a settlement that neither represents the fully injured body part or takes into account their inability to return back to work.  Many injured workers will reluctantly accept a quick settlement only to find out they don’t have a job to be able to return to and can’t support their family.

Fortunately, the South Carolina Workers Compensation Laws provide a mechanism where injured workers can receive an award to address their inability to return to their job instead of just the injured body part.  To be eligible for wage loss the worker must be able to demonstrate they meet the necessary elements of a wage loss claim.  If left to handle these complicated issues by themselves, injured workers may end up without the benefit of the law, or worse miss the requirements to be eligible for wage loss recovery.  At the Goings Law Firm we routinely assist injured workers to determine if they may be eligible for a wage loss recovery.   To determine if you need help with a workers’ compensation injury contact Attorney and Workers’ Compensation Managing Partner Christian E. Boesl with the Goings Law Firm.  Let us help you get the medical treatment you deserve to back to work, or get the money you are entitled to receive if you are unable to return to your job.


Increased Workplace Fatalities Prove that Hiring a Workers Compensation Attorney Is Important

The National Census of Fatal Occupational Injuries Prove that Hiring a Workers Compensation Attorney Is Important

Fatalities and serious workplace injuries are on a rise in the United States.  Year after year, workplace deaths are increasing South Carolina.  If a loved one has died at work, or you have suffered a serious on the job injury, it is important to hire an experienced workers’ compensation attorney so that you are fully protected under the laws of South Carolina.  Without an attorney, the insurance company can take advantage of you and quickly deny benefits that the law affords you for medical treatment, pay while not at work, and disability payments for permanent injuries or death.  The insurance company has a team of lawyers, so should you!

Based on the current National Census of Fatal Occupational Injuries published by the U.S. Department of Labor Statistics, there were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015, the U.S. Bureau of Labor Statistics reported today. (See chart 1.) This is the third consecutive increase in annual workplace fatalities and the first time more than 5,000 fatalities have been recorded by the Census of Fatal Occupational Injuries (CFOI) since 2008. The fatal injury rate increased to 3.6 per 100,000 full-time equivalent (FTE) workers from 3.4 in 2015, the highest rate since 2010.  https://www.bls.gov/news.release/pdf/cfoi.pdf

Work injuries involving transportation incidents remained the most common fatal event in 2016, accounting for 40 percent (2,083). Violence and other injuries by persons or animals increased 23 percent to become the second-most common fatal event in 2016. Two other events with large changes were exposure to harmful substances or environments, which rose 22 percent, and fires and explosions, which declined 27 percent.

In 2016, fatal injuries among transportation and material moving occupations increased by 7 percent to 1,388, the highest count since 2007 and accounting for more than one-quarter of all work-related fatalities. Occupations with increases greater than 10 percent in the number of fatal work injuries in 2016 include food preparation and serving related occupations (64 percent); installation, maintenance, and repair occupations (20 percent); building and grounds cleaning and maintenance occupations (14 percent); and sales and related occupations (11 percent). Declines greater than 10 percent in the number of fatal work injuries in 2016 include healthcare practitioners and technical occupations (19 percent), military occupations (15 percent), and production occupations (14 percent).
Logging workers continued to have a high fatal injury rate in 2016, at 135.9 fatalities per 100,000 FTE workers.  A number of occupations recorded their highest fatality counts in 2016. This includes first-line supervisors of construction trades and extraction workers with 134 fatal injuries; landscaping and groundskeeping workers, 125; roofers, 101; tree trimmers and pruners, 84; driver/sales workers, 71; automotive service technicians and mechanics, 64; and farmworkers, farm, ranch, and aquacultural animals, 61.
Fatal work injuries among protective service occupations increased by 68 fatalities (32 percent) in 2016 to a total of 281. This included an increase of 24 fatalities among police officers, 13 fatalities among first-line supervisors/managers of law enforcement workers, and 23 fatalities among miscellaneous protective service workers, including crossing guards and lifeguards, ski patrol, and other recreational protective service workers. Police officers incurred 51 homicides in 2016, up 50 percent from 34 fatalities in 2015.
Asian, non-Hispanic workers incurred 160 fatal injuries, up from 114 in 2015, which was the highest percentage increase (40 percent) among any race or ethnic origin. Black or African-American, non-Hispanic workers also had a large percentage increase (19 percent), with 587 fatal injuries compared to 495 in 2015. The rate of fatal injury for both groups also increased. Hispanic or Latino workers had 3 percent fewer workplace fatalities in 2016 with 879 fatalities, down from 903.
Foreign-born workers make up about one-fifth of the total fatal work injuries. Thirty-seven percent of these workers were born in Mexico, followed by 19 percent from Asian countries.  Workers age 55 years and over had 1,848 fatal injuries, the highest number for this cohort since CFOI began reporting national data in 1992. In 1992, workers age 55 and over accounted for 20 percent of fatalities; in 2016, they accounted for 36 percent. These workers also have a higher fatality rate than other age groups.
The number of workplace fatalities in private industry increased 7 percent in 2016. This was led by an increase in service-providing industries, which were up 13 percent to 2,702 from 2,399. Fatal workplace injuries to government workers increased 9 percent overall to 497, with a 9-percent decrease in federal employee fatalities that was more than offset by increases in state and local government fatalities, up 20 percent and 13 percent, respectively.  Mining, quarrying, and oil and gas extraction and manufacturing both experienced large decreases in workplace fatalities in 2016, decreasing 26 percent and 10 percent, respectively.  Fatal injuries in the leisure and hospitality sector were up 32 percent (225 to 298) and reached an all-time series high in 2016. This was largely due to a 40-percent increase in fatal injuries in the food services and drinking places industry from 118 to 165.  A total of 36 states had more fatal workplace injuries in 2016 than 2015, including South Carolina.

Don’t Settle for Less than the Best- Hire an Experienced Lawyer.

If you or a loved one has suffered a work place fatality or a serious injury while on the job, you need to hire an experienced lawyer to help navigate you through the complex workers’ compensation laws.  Don’t settle for less than the best, contact the lawyers at the Goings Law Firm today to see how we can help you.  It will not cost you anything for a free consultation, call us at 803-350-9230 today.


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