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Workers Comp Lawyer Charlotte NC: With Types of Cases and Fair Compensation
This article will provide you with information about Workers Comp Lawyer Charlotte NC: With Types of Cases and Fair Compensation, with the type of cases they handle, when to Hire one, how to choose the best one, step-by-step guide on how to hire one and frequently asked questions to help you understand how Workers Compensation Case Works in Charlotte NC. INTRODUCTION Sustaining a work-related…
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When Do You Need a Charlotte Workers Comp Lawyer
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One of the most important aspects of being an employer is staying up to date with all Charlotte NC work comp laws. This includes knowledge about compensation laws, which are designed to help protect employees who have been injured on the job. If you've never needed a Charlotte workers comp lawyer before, it's likely that you'll need one at some point in your career. It can be hard to know when you should contact one for assistance, but there are several situations where this is necessary.
In the US, workers’ compensation is a system of insurance that provides cash payments to employees injured on the job. Charlotte NC Workers compensation lawyers work with insurance companies to resolve disputes over injuries and benefits related to claims made by employees. Injured workers need a Charlotte attorney for worker’s compensation that can help them navigate this complex system of rules, which vary from state-to-state.
The first situation where you may be required to hire a Charlotte worker’s comp attorney is when you have an injured employee. It's possible that your business will be liable for compensation if an injury occurs on the job, and it may only make sense to involve a Charlotte workers comp lawyer at this point in time. In some cases, employees might try negotiating with management before going over their heads to a Charlotte attorney for workers' compensation.
Generally, Charlotte employee’s comp lawyers can help injured employees determine if their injuries are eligible for worker’s compensation and then help them file the appropriate paperwork with your company's insurance provider. In some cases, an employer may also need a Charlotte lawyer for workman's compensation during other situations, such as if there is a dispute over how an injury occurred or who will pay for the cost of medical care. Charlotte workers compensation lawyers are skilled at dealing with these types of situations to help employees get their rightful compensation.
When you need Charlotte workers compensation attorney , make sure that you hire someone who has experience working in this area of law. While Charlotte attorney for workman's compensation might be skilled at filing paperwork and negotiating, they may not have the skills to take these cases all the way through trial or settle them out-of-court without going over budget. Hiring a Charlotte NC workers' comp lawyer near you is important because it will give your employees access to legal representation that is equipped to handle the demands of Charlotte worker's compensation.
While it's not necessary to contact a Charlotte workers compensation lawyer immediately, this is important once the incident happens or shortly thereafter. Consulting with someone who specializes in these matters can help ensure that you are doing everything possible to avoid legal problems. Charlotte work comp claims can be complicated, but there's no need for your business to go through the process alone.
#attorney for employees#attorney for injury at work#best lawyers for workers compensation#charlotte nc work comp lawyers group
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Charlotte NC Work Comp Lawyers Group
Address: 521 East Blvd, Suite 200, Charlotte, NC 28203
Phone : 980-256-0928
Email: [email protected]
Website: https://charlottencworkcomplawyersgroup.com/
Charlotte NC Work Comp Lawyers Group is a firm that firmly believes in our ethics, philosophy, commitment towards our clients, and offers our best to them. Our driving force is the well-being of our clients at any cost. Our topmost priority is the people.
We operate in Charlotte and surrounding areas, as well as representing workers injured on the job in South Carolina. We have a thorough knowledge of North Carolina’s Workers Compensation Laws as well as Workers Comp laws in South Carolina. No matter what industry you are working in, come to us when you need a qualified workers comp attorney to represent you.
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If you need a work comp lawyer in Charlotte, NC, then look no further than the experienced lawyers at Charlotte NC Work Comp Lawyers Group. The attorneys at the Charlotte NC Work Comp Lawyers Group will fight for your rights and ensure that you receive all of the benefits you deserve.
North Carolina workers compensation attorney
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The Charlotte NC Work Comp Lawyers Group represents those people who have been injured on the job.
The Charlotte NC Work Comp Lawyers Group represents those people who have been injured on the job. We represent those workers in Charlotte North Carolina and the surrounding areas. Our work comp attorneys also represent those injured workers in all cities in North Carolina, including Greensboro, Raleigh, Wilmington and Asheville to name just a few. We are available for consultation and free case evaluation of your worker's compensation claim by appointment over the phone. We work with all insurance companies as wells as the medical community to provide the very best service to those who have been injured on the job.
Name: Charlotte NC work Comp Lawyers Group Address: 521 East Blvd, Suite 200, Charlotte, NC 28203-5109 Phone: 980-256-0928 Website: https://charlottencworkcomplawyersgroup.com/
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Stewart Law Offices
Phone: (704) 521-5000 Website: //www.stewartlawoffices.net/charlotte-personal-injury-lawyer/ Email: [email protected]
The Charlotte personal injury lawyers of Stewart Law Offices seek just settlement for accident and injury victims and their loved ones. Our Personal Injury Attorneys & Workers’ Comp Lawyers Treat You Like Family Workers Compensation Car Accidents Motorcycle Accidents Truck Accidents Workers’ Comp Medical Malpractice Wrongful Death When you work with a competent and knowledgeable Charlotte personal injury attorney on our team and the members of our support staff, you will quickly see that you are not “just another case” to us. If the negligent or reckless acts of another have hurt you or caused the loss of a loved one in Charlotte or bordering areas of Mecklenburg Area, we will certainly be ready to visit work for you right now.
Stewart Law Offices was originally published on Business directory and remarkable travel blog!
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Ideal Worker's Comp Lawyer Charlotte NC
Collisions become part of our lives, yet car accidents are actually extreme as well as impact more than various other incidents. You experience numerous issues after car accidents like finding insurance coverage claims, get settlement for personal injuries or even health care expenses, and many more. You need to work with the greatest worker's comp lawyer Charlotte NC to handle with all legal concerns.
What is the very best worker's comp lawyer Charlotte NC?
You might locate several law firms giving you services for automobile incident legal representatives, however we will recommend you work with motorcycle accident lawyer. You will definitely find whatever that a customer needs to have for fulfillment.
You can choose them to acquire a wrongful death lawyer's services and for a motorcycle accident legal professional This law office has actually experienced legal representatives who handle such crash claims for many years as well as know exactly how to work the sophisticated lawsuits.
No stress over your case due to the fact that merely the elderly automobile mishap attorney will join your claim, and you will definitely additionally break out phone examination solutions for your case discussion. They understand the methods to offer your claim before the insurer or court of law finds a case or payment for you.
They give their companies in every component of Charlotte, NC, and also book their solutions with one telephone call. On top of that, they guarantee the individual appearance of every suit hearing.
Our team very recommend you to tap the services of a personal injury attorney in Charlotte NC, given that they possess a superb market reputation. People trust all of them and adore to acquire rule solutions from that regulation organization.
Their payment system is very versatile; you are going to simply pay if you win the claim, which implies no win, no expense.
When to choose Charlotte, NC?
When you are actually appearing for all of them, you can easily hire their services.
• Vehicle incident attorney.
• The absolute best personal injury attorney in Charlotte NC
• Experienced as well as depended on law practice
• Affordable attorney in Charlotte NC
• Worker's compensation attorney Charlotte NC
• Personal trauma lawyer
• Highly qualified as well as clear legal representatives
• Wrongful fatality legal representative
• For insurance coverage claim and also settlement for injuries
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Workers Compensation 101: Workers' Rights and Protections
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Workers compensation laws are designed to provide compensation for employees who suffer an injury or illness in the workplace. These compensation benefits are intended to help workers maintain their standard of living, as well as compensate them for any permanent disability that they might have incurred due to their work-related injury. Workers compensation also helps protect employers by ensuring that injured workers will not be able to sue them for damages caused by the job site accident.
Workers compensation is a benefit paid to employees who are injured or sick as a result of their job. The purpose behind the legislation was to help protect employers from being sued by an employee for damages caused during work hours. Workers compensation provides medical care and financial assistance in case of injury or death in the workplace.
In each state, workers compensation laws are different and they vary from one company to another in terms of compensation benefits or eligibility requirements for receiving compensation benefits. It is very important that a business owner knows their rights in order to avoid lawsuits against them if an unfortunate incident occurs at work. For workers compensation law firms, compensation benefits are based on the type of job you do, your salary and years working for that particular company.
A workers compensation lawyer can help their clients to receive compensation benefits if they have been injured at work or sick due to being exposed to toxins in the workplace environment. It is important not only for business owners to be familiar with the compensation laws in their state, but also employees to know their rights and protections under this law.
Some of the compensation benefits include:
Medical care provided through a workers compensation insurance company or medical providers that are approved by them. If you have been injured at work, you will need a doctor's note stating your injury is related to your work hours.
Medical compensation benefits can include compensation for lost wages in case an injury prevents you from being able to return to work, replacement of damaged equipment and rehabilitation costs if needed after the workplace accident.
Death compensation that pays money to a spouse or children when someone dies as a result of their job duties.
This compensation is usually paid in a lump sum and it may vary depending on the deceased's salary.
Disability compensation that provides economic support to workers who have been injured so severely, they are unable to return to work or perform their job duties fully. This compensation includes all necessary medical treatment until you've reached maximum medical improvement (MMI) which is when you are able to fully recover from your injury.
Permanent compensation benefits that includes compensation for any permanent disability the worker might have suffered as a result of their work accident or illness. This compensation can include compensation for damage done to workers who may suffer some form of disfigurement (physical deformities) due to an on the job accident.
Workers compensation attorney provides legal advice on workers compensation benefits and laws to business owners or employees who have been injured at work.
A workers compensation lawyer can help their clients receive compensation for lost wages, medical costs, permanent disability of death due an accident that occurs while working in the workplace environment. Workers compensation insurance companies are not required to pay compensation benefits if the worker was under the influence of drugs or alcohol at work, as a result of his/her reckless behavior and for injuries that occurred during an off-the-job accident.
They also have to prove that their injury is connected to what they were doing while on the job site. If you need legal advice about compensation benefits, you should contact a workers compensation lawyer for assistance.
If your work injury case is denied compensation by an insurance company, the worker can file a claim against their employer or hire a workers compensation attorney to help them in this process. Compensation claims are subject to time deadlines so it's important not only business owners but injured employees know when they have to file compensation claims and what benefits they can receive if their claim is approved.
As the owner of a business, you should know that workers compensation laws don't cover independent contractors who are injured while on the job site unless it's part of an employer-employee relationship between them. It's also important for employees to be aware that this compensation law only applies to compensation claims filed against employers and not other business owners.
There are some cases where workers compensation laws don't apply such as self-employment, part-time employment or temporary employment. It's important for all parties involved in a work injury case that they hire competent legal representation to help them with their compensation claim process so that compensation claims are filed on time.
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Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
The post Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19 appeared first on Business Tribune.
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Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
The post Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19 appeared first on Mountain Post.
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Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
The post Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19 appeared first on Midwest.
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Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
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Text
Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
The post Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19 appeared first on NewsPerception.
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Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
The post Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19 appeared first on LakeviewGazette.
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Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
from WordPress https://ift.tt/2Aie1pb via US Mex
0 notes
Text
Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19
Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?
Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.
Most South Carolina employees are entitled to workers’ compensation.
Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.
Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.
South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.
Getting workers’ compensation does not require you to prove someone is at fault.
The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.
There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.
Employers who carry workers’ compensation insurance are typically immune from lawsuits under South Carolina law. However, you might be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.
Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation law firm is vital to maximize the amount of money you could potentially recover.
Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.
Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.
Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.
You must follow South Carolina rules for reporting and filing workers’ compensation claims.
In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.
Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.
One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.
Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.
Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.
Early workers’ compensation rulings will be important as more coronavirus claims emerge.
Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.
If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.
Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.
Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now
If you were infected with the coronavirus on the job in South Carolina, a South Carolina workers’ compensation lawyer at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.
Don’t wait — call or contact us to schedule your free consultation now.
Source: https://thenewsfront.com/stewart-law-offices-shares-top-10-key-facts-about-workers-compensation-and-covid-19/
About Stewart Law Offices – Rock Hill
At Stewart Law Offices, our compassionate legal team strives to provide top-quality representation that will take the stress off of our clients and make a real difference in their lives. For over 30 years our trusted legal team has been successfully representing injury victims throughout Rock Hill, Columbia, Spartanburg, and Beaufort**, S.C., as well as Charlotte, N.C.
Contact Stewart Law Offices – Rock Hill
1242 Ebenezer Rd. Rock Hill SC 29732 United States
(803) 328-5600
Website: https://www.stewartlawoffices.net/
The post Stewart Law Offices Shares Top 10 Key Facts About Workers’ Compensation and COVID-19 appeared first on NewsRecording.
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