Worker’s Compensation – the pain of suffering

Worker’s Compensation in South Carolina is a no-fault system except in very limited circumstances. A person must be able to prove that an accident happened on the job and caused injury. The worker is then entitled to medical treatment, paid for by the employer through a worker’s compensation insurance carrier, temporary total or temporary partial benefits of 2/3 the worker’s average weekly wage, and an award of money if their is permanent injury.

Many times clients ask about compensation for pain and suffering. Unfortunately, there is none. Worker’s Compensation is basically a trade-off. A worker does not have to prove the injury was caused by the employer or otheer employees, but benefits are limited. There is no compensation for pain and suffering caused by an injury.

However, pain is an important consideration. Persistent pain is an indication of permanent injury. Permanent injury is measured by doctors who determine an impairment rating, and then a Worker’s Compensation Commissioner can consider that rating and other factors in deciding the disability rating, how the injury has affected the worker’s ability to earn wages and function normally. Pain, measured as objectively as possible through tests and exercises and the like, helps indicate the severity of any permanent injury. A worker is not paid for pain and suffering, but pain that decreases the ability of one to earn wages is considered by the doctor and the Commissioner.

Probate law was established to administer assets after death. Lawyers help protect a person’s assets to help ensure they end up with the persons or organizations one desires. Litigation can occur when someone believes the decedent’s real wishes are not contained in the documents presented – like a new will. Or when ownership of the assets changed in the last few months or years of life, such as when bank accounts become joint accounts with one particular person to the exclusion of others, or a Power of Attorney is used to benefit someone or several people but no other family members. This can lead to litigation based on Undue Influence, Lack of Capacity, and Mistake among other causes of action.

Here is one simple tip that may help you as you look at these situations. If you want to help protect a loved one from being improperly influenced and assets ending up in the wrong hands, keep in close touch with your loved one. If your access is limited, keep a log of attempts to call or visit in person with as much information as possible on it, such as date, time, and reason given for no access. Quote the other person’s reasons stated for you not being able to see or even talk to your loved one. You may choose to keep a calendar of visits and attempts.

Be vigilant and supportive. And if you think your loved one has a reduced or diminished capacity, or is too weak to overcome the influence of a care giver or someone in charge of them or their affairs, see a lawyer about being appointed Guardian or Conservator. It’s better to take steps before the loss of your loved one than find yourself after the loss wishing you had done something earlier.