While healing from a serious injury, the workers compensation insurance carrier may hire a nurse case manager to help. However, be aware that this person works for the insurance company.
Nurse Case Manager Role
Because most people think of nurses as being care givers, they think a nurse case manager is on their side. Certainly, most nurses are awesome caring individuals. And most clearly are just that. However, be aware that a nurse case manager works for the insurance company. Rather than take care of patients, they help coordinate treatment and procedures now. Although they are still there to help, their loyalty is to the company and not you. As a result, you must be careful about what you say to them. Furthermore, some NCM go beyond their role and try to direct medical care and treatment.
Private Medical Exam
Even though the workers comp insurance company is paying, you still have the right to private medical examinations. Consequently, you or your lawyer can demand the NCM stay outside during treatment. After the exam is over, the NCM can speak with the doctor. However, also keep in mind that whatever you say to the doctor and your medical records are not private. But you should be able to talk with the doctor outside the presence of the nurse case manager.
Improper NCM Actions
While helpful in coordinating care, some NCM will attempt to interfere with treatment. In fact, some will even try to tell doctors whether a procedure or test is really necessary. Also, they attempt to return a patient to light duty work too early. Because this is improper and outside of their role, we need to know about this behavior immediately. Rather the NCM should be replaced. If not, we will request a hearing before the SC Workers Compensation Commission. Since they are there to help, we want to work with them whenever we can. However, our main focus is always on you and getting you back on your feet.
Rock Hill / Fort Mill / Indian Land Workers Comp Lawyer
While there are many attorneys in York County, there are relatively few lawyers that focus their practices on workers’ compensation here in Rock Hill, Fort Mill, or Indian Land. Before deciding which law firm to hire, it is critically important to carefully compare actual credentials and experience in the area of law. We invite you to consider the firm of Reeves Aiken Hightower & Burns LLP and our workers comp lawyer Robert J. Reeves. Mr. Reeves has over 25 years workers compensation experience. He is a former Registered Nurse (RN) who understands complex injury cases. He is also a former workers compensation insurance defense attorney who knows how carriers value cases and what defenses to prepare against. We maintain offices in Baxter Village which serves our clients in Fort Mill and Indian Land. We also have an office in Rock Hill to meet with clients there by appointment.
Before choosing a workers comp lawyer here in Rock Hill, Fort Mill, or Indian Land, we believe you should expect certain qualifications from any lawyer you are considering. If they do not have these credentials, we respectfully suggest you look at hiring another firm. The following list below is what we term the Workers’ Compensation Client’s Bill of Rights:
1. You have the right to expect that your workers comp lawyer has actually read Title 42. If they don’t know what Title 42 is, move on.
2. You have the right to expect that your lawyer has actually tried cases before the South Carolina Workers’ Compensation Commission. Hopefully, at a minimum, they have tried at least 50 cases tried to completion. If not, you should keep looking.
3. You should expect your workers comp lawyer to have argued appeals before the South Carolina Workers’ Compensation Full Commission. Being able to debate workers’ compensation law makes your attorney better able to prepare cases for hearing when they can anticipate insurance company defenses.
4. You have the right to expect your lawyer will actually meet with your personally to review your case and options. Too many “mill” law firms utilize “intake” persons or paralegals to meet with clients. This is unethical behavior and not respectful to their clients. If it is not worth the lawyer’s time, they are not worth your time.
5. You should expect your workers comp lawyer to read your medical records in full. The most valuable part of any workers compensation claim is the medical treatment. Money is secondary. Getting the best possible medical care and recovery is the most important aspect and should be your lawyer’s primary concern. Of course, it helps if your lawyer has any medical training or experience to know what they are actually reading. It is also important when it is necessary to take doctor’s depositions or send letters to establish necessary medical causation.
6. You have the right to have your lawyer actually return your phone calls or emails. Paralegals are great, and they do a fine job with most workers compensation claim tasks. However, they work for the lawyer. Your lawyer works for you. That’s why when you need to get answers, you should be able to speak with your lawyer. If they won’t return your calls, you need to call another lawyer.
7. You deserve a lawyer who will actually fight for you and your family. It is always easier to settle a case than to prepare and go to trial. However, that is not always the best course. If your lawyer seems more interested in settlement or argues with you about taking the “easy money,” you should consider hiring someone else. It is “always safer in harbor, but that’s not what fighting ships are built for.”
8. You should expect your workers comp lawyer to fully answer all of your questions and give you options in your case. If a lawyer cannot answer basic workers compensation questions, you can conclude that lawyer does not really know what they are doing. If they cannot clearly articulate options with pros and cons, you should keep looking for an experienced workers compensation attorney.
9. You have the right to expect your lawyer to belong to organizations that reflect their commitment to an area of practice. Mr. Reeves has been a member and proud supporter of the South Carolina Workers’ Compensation Educational Association since 1989. Workers’ compensation cases are different from regular negligence actions and have unique filing requirements and deadlines. Lawyers who only “dabble” in workers compensation cases often stumble through the process and make critical mistakes. Insurance defense firm lawyers limit their practice to workers compensation and do it everyday. Better make sure your workers comp lawyer knows what they are doing to balance the playing field.
10. You should demand your workers comp lawyer know and keep up with changes in the law. Somewhat surprisingly, there are regular appellate court decisions affecting workers compensation cases. Each month, there are several new opinions which further clarify and sometimes alter what is required in presenting workers compensation cases before the Commission. If critical evidence is not preserved or objections made, they are lost forever if the case is later appealed. Serious injury cases are vigorously defended and often result in an appeal to the Full Commission and sometimes further to a Circuit Court or even the South Carolina Supreme Court. Mr. Reeves has argued numerous Full Commission appeals during his 25 year career and is published in an appellate decision at the South Carolina Court of Appeals.
As you can see from the above list, you should have a number of basic expectations from the lawyer you choose to represent you in a South Carolina workers compensation case. As you consider your choices, we encourage you to take this Workers’ Compensation Client Bill of Rights with you as you interview different workers comp lawyers and ask them the “hard questions.” With these requirements in mind, you will quickly be able to separate those attorneys who know workers compensation law and those who are just “posers.” You know this is serious, and you need a serious workers comp lawyer to take care of you and your family. After you have met with others, give us a call before you decide. You can reach Mr. Reeves directly on his mobile phone 803-554-4157. Call him now for answers and options. You can also download our eBook for a basic overview of South Carolina workers’ compensation law and what to expect.
How Workers Compensation Commissioners Become Commissioners
In South Carolina, workers compensation Commissioners are appointed by the Governor for six (6) year terms. Usually, they are lawyers who have practiced workers compensation law but not always. Recently, Governor Nikki Haley appointed Mike Campbell as an Interim Commissioner until a permanent replacement can be made for outgoing Commissioner Andrea Roche who has resigned, effective July 31, 2014. Mr. Campbell is a business development consultant and former member of the board of directors for the South Carolina Chamber of Commerce Small Business Committee. He is described by the Governor as having insights that will make him both “business friendly and fair.” Commissioner Campbell has similarly pledged a “better and fairer climate for employers and workers in our State.” Here in Rock Hill, we hope and trust that the new Commissioner will be both diligent and fair to both parties. Of course, as a Rock Hill workers compensation claimant’s attorney, I am reminded that South Carolina workers compensation laws were specifically enacted to protect our injured workers. Businesses will be fine if they take proper safeguards to protect their employees. If somone get hurt or injured, that is why we have workers compensation insurance.
As a Rock Hill workers compensation lawyer, I have worked with many different Commissioners over my 25 year career. While many lawyers profess a law degree is necessary, I found some of the Commission’s best former Commissioners were non-lawyers. Commissioners Thomas Marchant and David Huffstetler are great examples. Back when hearings were held in Rock Hill at the York County Complex, these former Commissioners were often instrumental in helping to resolve cases before an actual hearing by working with the parties to achieve a fair result for both sides. In more complex denied cases, lawyers were given ample opportunity to present their positions, and decisions, even if against a client’s interest, were well reasoned and factually based. Today, Rock Hill hearings are now scheduled at Rock Hill City Hall. Those few lawyers who regularly practice workers compensation law here in York County welcome the new Commissioner to Rock Hill and look forward to trying our cases before him. Cases heard in York County include on-the-job injury and work accidents which occur in Rock Hill, Fort Mill, and Indian Land. Injury cases from other counties are heard in those counties, and the seven (7) workers comp Commissioners rotate their venues throughout the year. It helps to learn the different Commissioners and their individual preferences on how they want written medical reports and other evidence presented as well as what areas of focus in testimony they need to be able to make rulings and decisions. Good luck Commissioner Campbell.
It’s good to see construction again. For too long, the economy dragged the building business down and kept workers from their jobs. No new houses or office buildings were being built. Even government spending was greatly decreased. Our country’s economy depends largely on good paying construction jobs. Now in Charlotte and throughout York County, we are seeing construction cranes and new housing developments. Here in Fort Mill and Rock Hill, there are numerous new housing subdivisions being developed. We will miss all the trees, but our area is growing again, and we will all benefit from the high paying construction jobs. However, with those jobs and wages comes the risk of serious injury while on the job and at work.
Workers compensation construction accidents are usually quite serious. People who work indoors or at offices can get hurt, but their injuries are typically minor and do not result in lost time. But folks who wear hardhats and build things can be seriously injured in an instant. Construction accidents can happen in an instant given all of the dangerous machinery and equipment being used. There is so much activity going on at the same time. Everyone has to watch out for each other. A moving crane or heavy loads being moved overhead can crush a worker or amputate a limb in a moment of distraction. Falls from at height can easily result in a serious back or head injury. And let’s not forget all of the saws and welding equipment that injure or even kill even the safest of construction workers. The point is we are all grateful for the new growth in building and everything that comes with new construction. But let’s be doubly careful while at work so that everyone gets back home safely to their families.
If you or someone you care about is injured in a construction accident, call us for answers and options. You can also download our free eBook South Carolina Workers’ Compensation Law What To Do If Hurt At Work by going to our website www.rjrlaw.com. For a private, confidential review of your particular case, call Robert J. Reeves 803-554-4157 or email .
In most personal injury cases, “pain and suffering” is the most valuable part of any recovery second only to medical treatment. Workers compensation cases, while personal injury, are different. The laws were set up to make certain injured workers are compensated, but fairly harsh restrictions are placed on what benefits are available? So how were workers compensation laws created?
Before workers compensation, employees hurt at work were left with the traditional personal injury negligence theories of liability. They had to prove that their employer was negligent and that they were injured as a result. In many cases, the employer did nothing wrong, and the accident and resulting injury was actually the fault of the injured worker. Consequently, there were many serious injury cases where no compensation would be available under the law. So the laws were changed by legislatures across the country to solve this problem. The system, while not perfect, was much better at protecting injured employees. The law, as developed, provides for certain elements of damages, including medical care (but the employer gets to choose where and which doctors), lost time benefits (paid at 2/3 a workers’ average weekly wage), and payment for any resulting permanent disability (based on a percentage of impairment to the specific body part affected). In truly serious cases, an injured worker can receive lifetime medical treatment and weekly benefits. The one item left out was “pain and suffering.” Why? Because this is the element that is purely subjective in nature and cannot be easily quantified, even by juries in regular civil cases. In serious accidents, “pain and suffering” is often described as excruciating and unbearable. How can you place a dollar value on such element. As a result, the legislatures took away fault from the employer and “pain and suffering” from the employee. As we said earlier, it is not a perfect system, but injured workers are assured that if hurt on the job, they will receive medical treatment and sufficient compensation to get them back on their feet and return to work.
SC workers compensation laws are complex and can be very confusing if your lawyer is new to this area of practice. Better make sure your lawyer is experienced in this complicated field and is willing to fight for you and your family. SC workers compensation attorney Robert J. Reeves has over 25 years of workers compensation experience. He is a former Registered Nurse (RN) and former workers compensation insurance defense lawyer. He would be honored to sit down with you and review your particular case. Each case is unique, and small facts can often make a big difference in outcome. Call today for a private, confidential consultation.
According to S.C. SECTION 42‑5‑10, Workers’ Compensation states that it is up to the employer to secure payment of compensation to the extent of liability.
Specifically, the statute states that “Every employer who accepts the compensation provisions of this Title shall secure the payment of compensation to his employees in the manner provided in this chapter. While such security remains in force he or those conducting his business shall only be liable to any employee who elects to come under this Title for personal injury or death by accident to the extent and in the manner specified in this Title.” S.C. SECTION 42‑5‑10
In other words, what Workers’ Compensation really is, is an insurance policy that your employer essentially takes out on you when they have a certain amount of employees in working for their company. The employers pay out to the Workers’ Compensation, in the event that a person is injured on the job.
Most states will assess the damages occurred to the employee who was injured while working within the scope of their employment. In the event that an employee is injured while working on the job, they will be entitled to recover for their personal injury, or the estate for a death of the employee, only to the extent of the injury.
This places no blame on the employer, and then business is only liable to the employee who utilizes the statutes for recovery.
If you have been injured while on the job, contact the law offices of Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 for more information on compensation options.
