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.
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
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.
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.
If you’ve suffered a work-related injury or illness, you may be wondering whether to hire a workers’ compensation attorney. The answer depends on the severity of your injury, the overall complexity of your case, and the actions of your employer or its insurance company. In South Carolina, the workers’ compensation system was designed to provide prompt and fair compensation to injured workers. But often times these days, the big workers compensation insurance companies have a long history of denying claims or neglecting the injured, all to protect the profits of their insurance company. The workers’ compensation system seems to work mostly for the benefit of employers and insurers if you are unrepresented. You need to understand that insurance companies have teams of highly trained lawyers on their side, even when you are without representation. If the insurance company is going to have a team of lawyers, shouldn’t you too?
As a general rule, you may be able to get by without an attorney if all of the following statements are true:
- You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches.
- Your employer admits that the injury happened at work.
- You missed little or no work due to your injury.
- You don’t have a pre-existing condition that affects the same part of your body as the recent workplace injury (such as an old back injury from a car accident that was there before you slipped and hurt your back on the job).
Even in these uncomplicated and straightfoward claim, we would recommend that you contact our firm for a free consultation to make sure you are not missing something important. An attorney at the Goings Law Firm can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own, or if hiring the Goings Law Firm would be in your best interest.
When and Why– Hiring a Workers Compensation Attorney
The moment any complexity arises in your case is the moment you should hire an attorney. Here are some examples of situations that call for a lawyer’s intervention:
- If you have had any hospitalization or surgery. If you have undergone surgery or a hospitalization for your work related injury, most of the time an attorney needs to help you on your claim. This is true 9.9 times out of 10!
- Your Employer denies your claim or doesn’t pay your benefits promptly. Employers and workers’ comp insurance companies routinely reject true workers’ comp claims, with the hope that many workers will fail to file the appropriate paperwork with the South Carolina workers’ compensation commission or go through the hassle of making a contested claim. The good thing is that hiring our firm to represent you costs nothing up front, and it gives you the best chance to receive a fair settlement or award for your injuries.
- Your employer’s settlement offer doesn’t cover all your missed time from work or medical bills. If you’re not sure a settlement offer is good enough, don’t rely on the attorney for the workers’ compensation carrier or the adjuster to make sure that you’re getting a fair deal. Anytime your settlement offer doesn’t cover all your missed time from work or medical bills, you need to consult with an experienced workers compensation attorney immediately.
- Your injuries or medical condition prevent you from returning to your prior job, limit your work abilities, or keep you from performing any work at all. If you’ve suffered any degree of permanent disability—partial or total—you may be entitled to weekly payments (or a single lump sum) to indemnify you for your injuries or for your loss wages. These cases can be very expensive for insurance companies, and they’ll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers’ comp attorney at the Goings Law Firm has experience to get you the compensation you desire if your case involves permanent injuries or illness.
- Your Employer retaliates against you for filing a workers’ comp claim. If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers’ comp claim, contact a workers’ comp attorney immediately to protect your legal rights. In addition to a workers’ compensation claim, your employer may be civilly liable for workers’ compensation retaliation.
- You were injured because of a third party’s actions. The workers’ comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to in civil court in certain situations, including when someone other than your employer contributed to your injury (such as reckless driver who hit you in your work vehicle or due to fall caused by a negligent landowner). If your on the job injuries were caused by a person or entity other than your employer, you may be able to obtain additional recovery in a third-party civil action. The Goings Law Firm always tries to go after any negligent third-party for additional compensation for any work related injury.
What Will Your Workers Compensation Attorney Do?
In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence needed to support your case, negotiate effectively with the insurance company, and write a settlement agreement to avoid unanticipated consequences. If you can’t agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial.
Don’t wait, contact us today for a free, no obligation consultation to better understand your legal rights for your on the job workers’ compensation injury. The number is (803) 350-9230, and ask to speak to one of our professionals!
If you have been injured on the job or believe that you may have been injured on the job, then it is important to file an incident report with your employer in order to memorialize the accident causing the injury. A workplace injury can vary from an event causing life-altering injuries or even death, to spinal injury or sprained knee. Regardless of the type of injury, always report it to your supervisor or employer.
If you fail to promptly fill out an incident report when the injury happens, your employer may use this as reason to deny you medical treatment and/or out-of-work benefits. Without an incident report, the employer may even deny that the incident occurred at-all, or if there is a delay in filling out an incident report, then the employer may allege that the injury occurred outside of work.
Sometimes when someone is injured on the job, they do not feel like they need immediate medical attention. For example, you may have pulled your back lifting a heavy object, or twisted your knee while climbing on or off of a piece of equipment. Many people are tempted not to report this type of injury, because they don’t feel like they need immediate medical attention. Yet, after a nights sleep or even after a couple of days, the pain resulting from one of these injures could grow to become significantly worse. If you did not file an incident report right after the injury, then you may run into these unanticipated obstacles.
Additionally, an incident report that is completed immediately after an injury can be helpful to both employers and employees because it gives the most accurate account of what happened. Further, many incident forms will have a section that allows for witness statements. Often, your co-workers will witness an accident causing injury, and they can be your best account of the events that happened. Their testimony and statements made in an incident report can go a long was towards bolstering your workers’ compensation claim.
After you fill-out an incident report and ensure it is submitted properly, please be sure that you retain a copy of the report for your personal records.
If you or a loved one has been injured in a work related accident, contact the Goings Law Firm, LLC today. There can be many complicated factual and legal questions that injured workers may face in trying to obtain benefits that are allowed under South Carolina Workers’ Compensation laws. For a free case consultation, call Robert F. Goings at (803) 350-9230. This S.C. Workers’ Compensation law firm is here to answer your questions today.
What is DVT?
DVT stands for “Deep Vein Thrombosis” or “Deep Venous Thrombosis.” DVT is a blood clot that forms in a vein deep in the body. Blood clots occur when blood thickens and clumps together. Most deep vein blood clots occur in the lower leg or thigh. They also can occur in other parts of the body. Deep vein thrombosis is a serious condition that can likely result in permanent injury to the affected leg. A significant proportion of these patients develop irreversible damage in the affected leg veins and their valves, resulting in abnormal pooling of blood in the leg, chronic leg pain, fatigue, swelling, and, in extreme cases, severe skin ulcers. DVT can result in following permanent conditions:
- Discoloration of the legs
- Calf or leg pain or tenderness
- Swelling of the leg or lower limb
- Warm skin
- Surface veins become more visible
- Leg fatigue
- Pain and discomfort walking or sitting
In addition, because blood clots in your veins can break loose, travel through your bloodstream and lodge in your lungs, these clots can blocks blood flow in the lungs resulting in a pulmonary embolism.
In the United States alone, 600,000 new cases of DVT are diagnosed each year, with many going undetected. One in every 100 people who develops DVT dies.
Is DVT Covered Under S.C. Workers’ Compensation?
DVT can result from trauma or injury. Over the last 100 years, medical science has revealed that trauma patients are at risk for developing deep venous thrombosis and pulmonary embolism. If the DVT was caused by an injury to your leg, then the DVT condition may be considered compensable under South Carolina Workers Compensation laws. Many times an injured workers will need an opinion from a qualified physician to support a finding that the DVT was caused by an underlying workplace injury.
Often times, DVT can be caused or result as a “side-effect” of any type of limb trauma even as minor as a sprained knee or foot. Also, surgery or orthopedic procedures to the lower extremity can lead to DVT. Due to the significant degree of permanent impairment that can be caused by DVT, it is important to hire an experienced South Carolina Worker’s Compensation attorney that handles DVT cases. You may be entitled to monetary compensation for many permanent impairment and disability to your body as a result of a work-related DVT condition.
Contact a South Carolina Workers’ Comp Attorney if your Work Injury has Resulted in Deep Vein Thrombosis.
If you or a loved one has suffered from DVT or a pulmonary embolism following a workplace injury, we encourage you to contact the Goings Law Firm, LLC today. It is important to receive the necessary medical care and compensation for this condition that maybe available under Workers’ Compensation. Many workers’ Compensation claims that involve DVT and pulmonary embolism conditions can be complex and challenging. It is important to hire a South Carolina law firm with experience in these type of workers compensation claims. Call (803) 350-9230 for a no obligation and free consultation today.
For tips on when to hire an attorney for your workers’ compensation claim, click here for a good advice.
Are you on Light Duty or Out of Work because of a Job Injury?
When a worker suffers an injury on the job, the consequences they may have to deal with can be overwhelming. Even relatively minor injuries can leave workers unable to return to their job for a substantial period of time, causing them to lose income they likely need to deal with medical bills and other costs relating to their injury. Fortunately, the South Carolina Workers’ Compensation system is designed to provide an injured employee with necessary medical treatment, disability payments, and monetary settlements to compensate for any physical impairment or disability.
If you have been injured on the job and your doctor has assigned you to restricted or light duty, then the employer is obligated to find a job for you within those restrictions set by your treating physician assigned by the workers compensation carrier. If the employer does not have a job available, then he can create one. If the employer cannot create a position, then your employer will have to pay temporary total disability. If the physician assigned by the carrier to treat your work injury does not provide the work restrictions that you need, you may need an evaluation by another physician or a second opinion.
What does Temporary Total Disability mean?
When your treating physician places you on light or restricted duty, and your employer can’t find or create a job for your within the parameters of the restrictions, then you are entitled to temporary and total disability, often called “TTD”. Generally, these are weekly payment for your time out of work and usually amount to two-thirds of your gross average weekly wage before the injury. The TTD checks are also tax-free. The weekly payments continue until you are able to return to work.
For Help dealing with doctors, employers, and understanding temporary total disability, contact a South Carolina Workers Compensation attorney at the Goings Law Firm, LLC, today!
If you have been injured on the job, it is best to hire an attorney as soon as possible to ensure that your workers compensation claim is properly filed and that you get the medical treatment and compensation that you deserve. A lawyer from the Goings Law Firm, LLC, can help you fight to get the workers’ compensation benefits you need. If your employer is from South Carolina or you were injured in South Carolina on the job, contact us today by calling (803) 350-9230 so that we can help you navigate the claim and hearing process.
By: Robert F. Goings
Repetitive Trauma Injuries Under South Carolina Workers’ Compensation
Does Workers’ Compensation in South Carolina cover a repetitive trauma injury? This is a frequently asked question because many employers or insurance companies will try to deny your workers compensation claim if it arises from repetitive trauma or repetitive stress. The common excuse is that injury was not caused on the job.
Repetitive trauma occurs over a period time. The injury is not caused by a single, specific event, but happens gradually as the result of repetitive motion, strain, pressure on a particular body part.
Repetitive trauma injuries can be covered under South Carolina Workers Compensation pursuant to S.C. Code Ann. § 42-1-172. Under South Carolina law, “Repetitive trauma injury” means an injury that is gradual in onset and caused by the cumulative effects of repetitive traumatic events. An injury is not considered a compensable repetitive trauma injury unless the Workers Compensation Commissioner makes a specific finding of fact by a preponderance of the evidence of a causal connection that is established by medical evidence between the repetitive activities that occurred while the employee was engaged in the regular duties of his employment and the injury. In order to meet this standard, “medical evidence” must be presented by expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed and qualified medical physician. This means that a qualified physician must state that the injuries were caused by the job duties.
Common Workplace Repetitive Trauma and Stress Claims
The number of workers suffering from a repetitive stress injury or disorder (RSD) is increasing mostly because of the increased use of computers in the workplace. Repetitive trauma now accounts for about 60% of all job-related injuries, and one in eight American workers has been diagnosed with an RSD at one time or another.
The most common form of repetitive trauma injury is carpel tunnel syndrome. Carpel tunnel syndrome can be caused by any job hazard, such as typing on the computer, repetitive use of tools such as hammers or screwdrivers. Carpel tunnel syndrome can lead to permanent and debilitating pain in your arms, wrists, and hands. Repetitive trauma can cause leg, neck and back injuries depending on the job duties. Without proper treatment, repetitive trauma can become irreversible and permanent.
The types of work-related activities that lend themselves to repetitive stress injuries include: Administrative and secretarial work, assembly line work, polishing, sanding, and painting, pipe setting, hammering, sawing and cutting, writing, driving, stocking shelves and packing, climbing, bending, massaging, playing musical instruments, or working in construction or as a mechanic.
Deadlines to File a Repetitive Trauma Claim for Workers’ Compensation
In order to properly file a claim for injuries arising for repetitive trauma, notice of the injury or condition must be given by the employee within 90 days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition is compensable, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been unduly prejudiced thereby.
Compensation is barred unless a claim is filed with the commission within 2 years after the employee knew or should have known that his injury is compensable but no more than seven years after the last date of injurious exposure, regardless of whether the employee was aware that his repetitive trauma injury was the result of his employment.
Because of this strict standard, it is very important to act diligently in contacting a South Carolina Workers’ Compensation Attorney and reporting your injuries as soon as they begin.
Contact a Columbia Workers’ Compensation Attorney if you Are Suffering From A Repetitive Trauma Injury
If you are experiencing repetitive trauma or injuries from work, let us help you get the medical treatment and benefits that you deserve. Without the help of an experienced workers’ compensation attorney, a repetitive trauma claim can be difficult to prove. Call this Columbia Workers’ Compensation law firm today at (803) 350-9230, or click here to fill out an online case evaluation form. There is no obligation or charge to see if we can help.