This is one of the official workers' compensation forms for the the state of South Carolina
South Carolina Prehearing Brief for Workers' Compensation
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FAQ
Before you attend your workers' comp hearing, you should organize your evidenceincluding medical records, unpaid medical bills, doctors' reports, and other documents. You should also mentally prepare to testify.
A workers' comp hearing determines whether you will receive benefits.At this hearing, the judge will review all of your evidence and then issue a decision awarding or denying your benefits. Because a workers' comp hearing involves specific rules and procedures, it is important to be well-prepared.
Generally, it should take a week or two to get the settlement agreement to your attorney from the other side. When everyone has signed, your settlement must be approved by a Workers' Compensation judge, which can take up to two weeks. Once it is approved, an insurance company has up to 30 days to mail your check.
If you've been injured as a result of your work, you should be able to collect workers compensation benefits.Your employer or its workers' comp insurance company does not have to agree to settle your claim, and you do not have to agree with a settlement offer proposed by your employer or its insurance company.
The Workers' Compensation Act in South Carolina provides that if an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent
You are entitled to compensation at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Department of Employment and Workforce.
You will be called to testify about your injuries and how they occurred. In many cases, the injured worker is the only witness who testifies at a hearing. However, in denied cases, both sides may have other witnesses who will testify about the facts of your work accident.
Any party in a workers' compensation case can take a deposition. This means both the injured worker and the insurance company can question witnesses under oath before the case goes to trial.Doctors do not testify at trial. Therefore, the only way to have a doctor's testimony is through a deposition.
It is against the law in South Carolina to fire an employee simply because the injured worker has opened a workers' compensation claim. This is illegal retaliation. But South Carolina is an employment-at-will state and the law leans heavily in employers' favor.