State Workers’ Compensation Plan Gets Rate Revision

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Insurance Director Raymond Farmer recently approved a broad sweeping rate revision of South Carolina’s voluntary workers’ compensation policy, according to a recent Insurance Journal report. The rate modifications were made to the loss costs and the assigned risk rate. The changes went into effect September 1, 2015. Reasoning behind the adjustment was a result of a recent advisory letter from the National Council on Compensation Insurance (NCCI) to the South Carolina Department of Insurance (SCDI) stating that excessive losses were hindering the plan’s ability to remain self-funded.

Why Hire a Workers’ Compensation Lawyer

Generally, if a worker’s compensation case is simple and has minimal factors to consider, the process of filing a claim will likely be smooth. A simple case would include all of the following: the claimant has no pre-existing conditions; the employer admits the injury occurred while the claimant was on the job (or doing job-related work); a minimal, if any, amount of work was missed by the as a result of the injury; and the injury or injuries suffered were minor. Even if all of these factors are present, it is likely that hurdles may occur for someone attempting to file a claim on their own and before the case comes to a resolution.

Many individuals who are in need of worker’s compensation cannot afford a delay in receiving benefits. For this reason, it is important to retain an experienced and aggressive South Carolina workers’ compensation attorney. Legal counsel can easily avoid – or quickly resolve – any issues on behalf of a client. Complications that may appear during a workers’ compensation case include, but are not limited to:

  • Denial of a claim, or untimely receipt of payments – often claims are denied because employers and insurers fight the claim in hopes a claimant won’t appeal.
  • The settlement offer isn’t enough to cover losses – an attorney is needed to review a settlement agreement and statement in order to verify the (1) reasonableness of the monetary amount and what it covers and (2) explain the rights that are being waived as a result of accepting a lump-sum;
  • You are awarded Social Security Benefits – if the workers’ compensation settlement is improperly structured, the Social Security Administration may be entitled to a portion of those benefits.
  • Claimant is unable to return to work due to medical issues – a claimant may be entitled to lifetime payments (or a lump-sum settlement) if the injury has resulted in permanent partial or total disability;
  • Third-party claims may appear – a third party whose negligence contributed to the injury may be sued; as such, competent legal counsel is essential in pursuing this claim; and
  • The employer discriminated/retaliated– if an employer acted retaliation against an employee because of a workers’ compensation claim, an attorney should be contacted immediately as this is a violation of the law.

We Are Here to Help

Our worker’s compensation system was created to provide fair and timely benefits for injured workers. Sometimes, the system generally works to the benefit of employers and their insurance companies. They have a team of lawyers working hard on their side – so should you. If you or anyone you know has suffered a work-related injury and is thinking of filing a claim, contact a South Carolina workers’ compensation attorney at The Law Offices of Steven M Krause PA today for your initial consultation.

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