Workers’ compensation in Charleston is regulated publicly under state law. Private insurance companies write insurance for various employers. However, it is regulated by the legislature and the quasi-judicial branch that is known as South Carolina Workers’ Compensation Commission. A distinguished workers compensation lawyer can help you protect your legal rights while preparing a claim on your behalf and help clarify the dynamics of funding for Charleston workers’ compensation in relation to your case. En Español.
Compensation for Federal Workers’
For funding for Charleston workers’ compensation, federal employees typically fall into the Federal Employees’ Compensation Act. These include postal workers and federal prison guards, just to name a few. They are administered under a separate act. There is also federal workers’ compensation for people who work near water such as longshoreman, harbor workers or crane operators, people working on bridges or docks and things of that nature.
State workers’ compensation in the state of South Carolina covers most everyone else. The Federal Longshore and Harbor workers have what is called “concurrent jurisdiction,” meaning that they not only have their federal longshore and harbor workers’ case but they also have it concurrently with the state of South Carolina workers’ compensation case.
The Longshore Act
While employees are not allowed to get double recovery from the two systems of Charleston workers compensation funding, they are allowed to reach the benefits that are better from the two systems and stack them. They must stack them in a way so that they can get better relief by using the best benefit that comes out of the federal system and the best benefit that comes out of the state system at the same time. An example of that would be under the Longshore Act.
The maximum compensation rate is much higher than the maximum compensation rate that would be paid for weekly benefits under the state act. In the Longshore Act, the injured worker can choose their own doctor. Whereas under the state Workers’ Comp Act, the insurance company for the employer chooses the doctor for the claimant. Another positive for the state’s side would be that it is faster to get a hearing and get a resolution if there’s any kind of denial with any benefit or benefits along the way.
Public vs. Private Owned Compensation
The local legislators passed the law for funding for Charleston workers’ compensation. Private insurance companies operate within the market and can affect dynamics of Charleston workers compensation funding. The referees are the seven workers’ compensation commissioners that resolve disputes in the event that the insurance company denies a case or they denied some benefit in the case and that’s the quasi-judicial branch that resolves of any disputed claim or components of the claim.
Speaking with Local Attorneys
Individuals who speak with skilled workers’ compensation lawyers should expect people that are experienced in work-related injury and have dedicated their practice exclusively to helping injured workers with their injuries and successfully navigating the South Carolina workers’ compensation system. They should expect professionalism. They should expect a prompt response to their questions and with a focused approach on making the case.
The biggest enemy, in this case, is delaying getting checks, delaying getting medical treatment, delaying getting mileage checks paid back to the injured worker. With each of those delays, the insurance company puts up a yield sign or a stop sign. It is important to have a lawyer advocate on the worker’s behalf who understands the process of funding for Charleston workers’ compensation. Legal representatives can process the necessary filings and pleadings to push the case to the resolution of those issues because it takes long enough as it is. What a person needs is a lawyer on their side to push those things to a conclusion sooner rather than later, which is what the insurance company will try to do.