Articles Tagged with hurt worker

Your employer’s financial trouble could increase your risk of suffering physical harm. That is the finding of a groundbreaking new study that was conducted by Dr. Malcolm Wardlaw of the University of Texas at Dallas.

Dr. Wardlaw has found that there is a statistically significant correlation between an employer’s financial health and the actual health of the firm’s employees. Using years of comprehensive workplace injury data that was provided by the Bureau of Labor Statistics, Dr. Wardlaw found that financially distressed employers see more workplace accidents and injuries.

The results of this study are both alarming and unacceptable. We cannot let worker safety become the victim of a business’ financial problems. Worker safety must always come before cost-cutting.

As a South Carolina Workers’ Compensation lawyer with Grimes Teich Anderson, I represent injured workers from our offices in Greenville, Spartanburg, and Gaffney, South Carolina.

In an earlier blog post, I wrote about the benefits an injured worker should receive if he or she is held out of work by their doctor or their employer cannot accommodate their work restrictions. These benefits, for when a worker is unable to work but is still treating, are known as Temporary Total Disability benefits or TTD, for short. If you are out of work and want to know what benefits you should be receiving, review my earlier posts or give me a call to discuss your case.

Sometimes, however, I have clients that are under work restrictions from their doctor and their employer does offer them work. If the worker is receiving the same income as before their injury they would not be entitled to any pay from their employer’s insurance company. Where entitlement to workers’ compensation benefits can occur is when a worker is being afforded work under their restrictions but they are not being paid as much or receiving as many hours as they were before they were injured.

Here is an example:

Worker is paid $25.00 per hour working at a plant in Greer, South Carolina. She works 40 hours per week and never works overtime. She is injured on the job and the company doctor puts her on light duty. She notifies her employer who offers her a light duty position but she will only receive $10.00 per hour and will only receive 20 hours per week. What is she entitled to? Continue Reading

A benefit provided by the South Carolina Workers’ Compensation system is out of work pay when an individual is unable to work due to their work injury. This benefit is known as Temporary Total Disability benefits or TTD. You become entitled to this benefit while treating for your work injury when your doctor either writes you out of work completely or more commonly, places restrictions on you that your employer cannot accommodate.  Many times an injured worker needs to consider hiring an experienced workers compensation attorney because because the insurance company has not started their checks, is threatening to cut off their checks, or has cut off their checks. This creates a tremendous burden on the worker because, even though the checks have stopped, the bills have not.  Sometimes, an insurance company will use other tactics to try and limit your benefits, by paying you less each week than the law says you are entitled. So what are you entitled to receive each week?

How is The Pay Owed Calculated?

Generally, an injured worker is entitled to 2/3 of their Average Weekly wage from the year prior to the accident. For example, let’s say you were injured on July 1, 2014. The insurance company is required to submit what is known as a South Carolina Form 20 to the Workers Compensation Commission that documents your wages before taxes from July 31, 2013 to July 31, 2014. These gross wages are divided by 52 weeks, and your Average Weekly Wage is determined. Your Compensation Rate is the amount you should receive each week from the insurance company and is 2/3 of your Average Weekly Wage.

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