When filing a claim for workers’ compensation, it is important to keep in mind the various difficulties that comes with filing a claim of this type. Fortunately, our experienced attorneys have compiled some of the more common questions about workers’ compensation in North Charleston. Hopefully, this collection of answers provides you with the info you need to get started on your case. However, for more professional insight, or for an attorney to take on your case, consider getting in touch with our offices today.
What is the Relationship Between Worker’s Comp and Taxes in North Charleston?
The most important thing to keep in mind is that worker’s compensation benefits are not taxable. This includes both temporary total and temporary partial disability pay. For example, if an injured victim is only going to be paid two-thirds of their original paycheck, they would receive the amount before taxes. In regards to a settlement, this type of compensation would also not be taxed. However, it is strongly recommended to speak with a tax expert for professional insight about what should be documented shortly after receiving workers’ compensation.
What Must Exist for the South Carolina Workers’ Compensation Commission to Approve a Settlement?
In order for the South Carolina Workers’ Compensation Commission to approve a claim, all parties must agree to the claim. This would require the victim, the defense, and a representative from the workers’ compensation carrier to sign off on the claim. By doing so, all parties would be agreeing to the full and final agreement of the claim, meaning that all issues brought up in the claim have been resolved and no further litigation would be pursued.
Once all parties are on the same page, the commission would then review the settlement agreement. The commission will check to make sure that all parties are in agreement, the settlement is reasonable and fair, the injured worker understands everything, and that no one is being treated unfairly. Once these factors have been successfully examined, they would then approve the settlement.
Under What Circumstances Might a Worker’s Comp Claim be Denied?
Individuals could potentially have their workers’ comp claim denied if their employer does not consider them an employee at the time of the accident. For example, if the injured worker is considered as an independent contractor by their employer, they would be unlikely in receiving workers’ compensation benefits. Insurance companies could also pose the argument that the type of accident the victim suffered was not an accident or that the accident was only caused by the victim’s wrongdoing, making the insurance company not liable for workers’ compensation.
Why Should Someone Work with an Attorney?
If you or someone you love suffered injuries while performing a work-related task, it is in their best interest to get in touch with an experienced attorney today. They could advise you on how to file a claim, as well as which strategies you should implement in your efforts to obtain compensation.
For guidance, or for more insight regarding the common questions about workers’ compensation in North Charleston, schedule a consultation today.