How is repetitive trauma defined in South Carolina? Some examples of repetitive injuries that are common in workers' compensation include carpal tunnel syndrome, osteoarthritis of the knees and shoulder tendonitis. In South Carolina, under SC Code 42-1-172, repetitive trauma is defined as "an injury which is gradual in onset and caused by the cumulative effects of repetitive traumatic events." This means that you Read More
How Will Medicaid Expansion in North Carolina Impact Me?
Why does Medicaid Expansion in North Carolina matter to me? On December 1st, 2023, North Carolina officially expanded Medicaid. This means that nearly 600,000 people in North Carolina will be newly eligible for Medicaid. Under Medicaid, you usually don't have to pay any premiums or the cost for most healthcare services. The highest copay is $4 which is usually only required for some services. If you are eligible, Read More
How Does a Doctor’s Impairment Rating Affect the Final SC Workers Compensation Settlement Check?
What is an impairment rating? In a SC workers' compensation case, the treating doctor will usually give an impairment rating once the claimant has reached maximum medical improvement. What that means is that the doctor has determined that the person is as good as they are going to get with treatment. The doctor will then give an impairment rating which is based on the AMA Guides to the Evaluation of Permanent Read More
If I Am Found to Be 100% Disabled by the VA, Will I Automatically Receive Social Security Disability Benefits as Well?
I get asked this question by my clients who are veterans who have served our country honorably. Unfortunately, you are found to be 100% disabled by the VA or you are found to be unemployable, this does not mean that you will automatically receive Social Security disability benefits. The VA system calculates disability based on a ratings system with different percentages assigned to each medical condition that is Read More
If I Fail a Drug Test Given by My Boss, Can I Still Get Sc Workers’ Comp Benefits?
Why am I being Drug Tested in South Carolina? Reason 1: South Carolina Employers want to save money on workers' compensation premiums Your employer may decide to drug test you in order to save money on workers' compensation premiums in South Carolina. Under SC Law 38-7-500, employers can get up to a 5% discount for maintaining a drug and alcohol free work place. The law requires random drug testing in order to Read More
Should I Settle My SC Workers’ Compensation Claim?
Here's one possible situation you might be dealing with in your workers' comp case. Your company and the carrier agreed you were hurt at work. After you received treatment, the insurance company called offering to settle your case. Naturally, you might be excited at the opportunity to get some money especially when you have bills piling up around you. However, you may want to think through this decision before Read More
Will I Qualify for SSI Benefits?
WILL I QUALIFY FOR SSI BENEFITS? This is a very complicated question. In order to receive SSI benefits in a disability case, you have to first show that you are disabled. Then, you have to show that you meet the financial requirements for SSI. Even I have sometimes had difficulty providing an exact prediction of what my clients will receive with their SSI payments. is certainly very frustrating when we win a case Read More
What Should I Do First After I Get Hurt at Work in South Carolina?
REPORT YOUR WORK ACCIDENT The first thing you should do after getting hurt is to immediately report your injury and exactly how it happened to your supervisor or manager. This provides the notice that you'll need later if you want to get treatment through workers' comp or receive workers' compensation benefits. Ideally, you want your boss to fill out a written report documenting what happened. You want to prevent Read More
What Are My Chances of Winning My Disability Case?
WHAT ARE MY CHANCES OF WINNING MY DISABILITY CASE? I have gotten this question several times from my clients over the years. It depends on many factors. One is the approval rate of the judge that you end up going in front of. I've seen judges average from 16% to over 60% approval rates. So the Social Security judge (ALJ) that you get has an impact on whether the judge approves you for disability. If you've already Read More
Filing Your Social Security Disability Claim
HOW DO YOU FIRST GET STARTED WITH A SOCIAL SECURITY DISABILITY CLAIM? You can file your claim online here with the SSA: https://www.ssa.gov/applyfordisability/ You can also call 1-800-772-1213 to file your claim. However, the SSA phone line remains understaffed and you will probably be on hold for a while. If you are hearing impaired, you can also call 1-800-325-0778. Finally, you can file your application in person Read More