Q:

HOW LONG MUST A CLAIMANT BE WRITTEN OUT TO RECEIVE A WEEKLY WORKERS’ COMPENSATION CHECK?

A:

A claimant must be out of work for more than 7 days before becoming eligible for a worker’s compensation check.

Q:

HOW MUCH DOES A CLAIMANT RECEIVE WHILE OUT OF WORK DUE TO A WORKERS’ COMPENSATION CLAIM?

A:

66% of your gross wages on a weekly basis.

Q:

CAN I COLLECT A WORKERS’ COMPENSATION CHECK IF I REMAIN HOME ON DAYS I DO NOT FEEL WELL?

A:

No, a physician must write you out of work to become eligible for a workers’ compensation check.

Q:

HOW LONG DOES IT TAKE FOR A WORKERS’ COMPENSATION CASE TO SETTLE, AND HOW IS IT SETTLED?

A:

A worker’s compensation claim cannot be settled until the injured worker (Claimant) has been released by the treating physician. Workers’ compensation claims are settled based upon a combination of factors to include the body part injured, the extent of permanent problems and the amount of the Claimant’s weekly benefit check.

Q:

HOW MUCH ARE ATTORNEY FEES FOR WORKERS’ COMPENSATION CASES?

A:

Attorney fees in Workers’ Compensation cases are restricted to no more than 33 1/3 percent of what is recovered.

Q:

HOW LONG DO I HAVE TO FILE MY CASE IN COURT?

A:

For automobile accidents, slips, and falls the law in SC provides you three (3) years from the date of injury to file a claim.

Q:

HOW LONG DOES IT TAKE TO SETTLE A CASE?

A:

This varies from case to case depending on the nature and extent of your injuries. The average personal injury claim is completed within one (1) year of release from the treating physician.

Q:

IF A LAWSUIT HAS TO BE FILED, HOW LONG WILL IT TAKE TO GET TO COURT?

A:

If you file in small claims court, it is likely to be heard within six (6) months of bringing the case. If you file in Circuit Court (Common Pleas) your case will likely be heard within eighteen months of filing.

Q:

DOES THE COURT WHERE A LAW SUIT IS BROUGHT MAKE A DIFFERENCE IN THE AMOUNT RECOVERED?

A:

Yes, the maximum amount you can recover in small claims court is $7,500.00. In Circuit Court, you can sue for any amount. There is opportunity to discover more information about you and the claim in circuit court because the financial stakes are higher.

Q:

WILL THERE BE COMPENSATION FOR TIME MISSED FROM WORK?

A:

Insurance Carriers will typically pay for time missed from work if there is a disability slip from the treating doctor writing the injured person out of work.

Q:

WHAT IS THE DIFFERENCE IN SUPPLEMENTAL SECURITY INCOME (SSI) AND SOCIAL SECURITY DISABILY?

A:

Supplemental Security Income (SSI) is a Federal income supplement program funded by general tax revenues (not Social Security taxes):

It is designed to help aged, blind and disable people, who have little or no income; and

It provides cash to meet basic needs for food, clothing & shelter.

Most people who receive this benefit are people born with disabilities and have never worked to put money into the Social Security system or adults who have not done much work that paid into the Social Security system.

Social Security Disability is paid to people who are not able to perform gainful employment due to some injury or illness that places them out of the workforce for a substantial period of time, may deem them unable to ever work again or will ultimately result in death.

Q:

WHAT IS THE DEFINITION OF DISBILITY PURSUANT TO SOCIAL SECURITY ADMINISTRATION?

A:

Disability under Social Security is based on your inability to work. We consider you disabled under Social Security rules if you cannot do work that you did before and we decide that you cannot adjust to other work because of your medical condition(s). Your disability must also last or be expected to last for at least one year or to result in death.

Q:

IF AWARDED, WILL MY SOCIAL SECURITY CONTINUE INDEFINITELY?

A:

If your health improves to the point where you are no longer disabled or if you go back to work benefits will end or be reduced. The law requires that your case be reviewed from time to time to verify that you are still disabled. Social Security will contact you at that time. You will have to provide documentation from your doctors that you are still disabled.

Q:

HOW IS THE MONTHLY PAYMENT DETERMINED?

A:

Payments are made based upon the last years of gainful employment for which you paid into the Social Security System. It is best to work have employers take out Social Security for you so that you will have “paid into the system”.