Can I File for Workers' Compensation Due to Hostile Work Environment?

Posted by Allison Sullivan on Mar 26, 2020 10:00:00 AM

Workers Compensation tends to be talked about primarily in physical terms — an injury or illness, such as a broken arm or pneumonia, gathered due to workplace conditions or an on-the-job accident. There are other forms of workplace injury, however. We've spoken before about mental injuries, and today we're going to take a look at an area of Workers Comp that is not often discussed... filing for Workers Compensation as a result of a hostile workplace environment.

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Topics: Worker's Compensation

Does Workers' Comp Pay for Vocational Training For a New Job?

Posted by Allison Sullivan on Feb 20, 2020 11:42:00 AM

In most cases, employees filing for Workers' Compensation after an on-the-job illness or injury will be able to return to the same position after receiving medical treatment and perhaps taking time off to fully recover.

In some cases, however, an injured employee may discover that their condition is serious enough that they will no longer be able to return to their previous job.

For those who have spent much of their adult lives working in the same industry, the idea of training for something entirely new may feel daunting and job retraining can be expensive.

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Topics: Worker's Compensation

Dangers of Asphalt Exposure

Posted by Allison Sullivan on Dec 18, 2019 9:59:00 AM

What Construction Workers Should Know About Asphalt Exposure

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Topics: Worker's Compensation

There May Be More to Your Workers' Compensation Case

Posted by Allison Sullivan on Nov 12, 2019 1:17:30 PM

Recently, our very own Marti Bluestein and Allison Sullivan sat down to discuss Workers’ Compensation and some of the issues clients may face. In this short clip, they discuss available resources and options for clients whose cases may be bigger than just a Workers' Compensation claim

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Topics: Worker's Compensation

How Can You Prevent Slip and Fall Injuries in Medical Facilities?

Posted by Allison Sullivan on Apr 23, 2019 1:24:16 PM

Among healthcare professionals like nurses, residents, and doctors, slips and falls are one of the top causes of workplace injury. It's not only the medical staff who may become severely injured due to a slip and fall injury in a hospital or other medical facility, however. 

Patients, visiting friends and family, non-medical support staff like janitors or administrative assistants... anyone who steps foot in a medical facility could be at risk of being injured due to a wet, uneven, or dangerous surface. 

We have a few pieces of helpful advice to lower your risk, whether you work in a medical facility or you're a patient or visitor.

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Topics: Worker's Compensation, Personal Injury

What Are the Top Causes of Injuries in Healthcare Workers?

Posted by Allison Sullivan on Mar 28, 2019 8:58:24 AM

Nurses and other healthcare workers consistently top the Bureau of Labor Statistics' list of occupations most likely to suffer an on-the-job injury, and it's no wonder — nurses, medical assistants, and other healthcare professionals work dangerously long hours while caring for sick, injured, or even hostile individuals.

With nursing shortages in South Carolina and nationwide, the rate of nurses injured at work may end up getting worse before it gets better. 

What are the top causes of injury in healthcare workers? Read on to find out.

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Topics: Worker's Compensation

Does Workers' Compensation Cover Asbestos Exposure?

Posted by Allison Sullivan on Feb 19, 2019 10:36:15 AM

While exposure to asbestos in the workplace is less common than a few decades ago, there are still many older buildings and industries in South Carolina where developing an illness or injury as a result of asbestos exposure is possible, especially along coastal areas that have had heavy involvement in the shipbuilding industry.

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Topics: Worker's Compensation

How Are Settlements For Slips and Falls Cases Determined?

Posted by Allison Sullivan on Jan 24, 2019 2:59:22 PM

There are a lot of reasons someone might slip and fall, whether they're out shopping or running errands or find themselves slipping and falling in the workplace. 

Even a seemingly minor slip and fall can lead to serious injury that costs time and money in doctor's visits, medical treatment, and potentially even time off work to allow the injury to fully heal.

If someone is injured as a result of slipping and falling in a public place or the workplace, the owner of the property the injury occurred on, or the business owner, may be liable for those injuries.

In the case of an on-the-job slip and fall injury, individuals filing a Workers' Compensation claim may be able to recover costs associated with treatment for and recovery from their injury.

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Topics: Worker's Compensation, Personal Injury

What is Subrogation in Workers' Compensation?

Posted by Allison Sullivan on Oct 8, 2018 1:59:34 PM

Although worker's compensation is the exclusive remedy against an injured worker's employer, there are some cases in which the injured worker can also pursue a claim against the at-fault. 

This means that the injured worker may be able to pursue a recovery from both workers' compensation and the at-fault third party. 

There is some overlap in the benefits that an injured worker can collect from workers' compensation and the at-fault, which means that the injured worker may recover twice for the same injury.  To prevent this from happening, the South Carolina Workers' Compensation Act provides that the workers' compensation provider has a right of "subrogation" and get paid back for the benefits it paid from any liability recovery from the at-fault third party.

What is subrogation in Workers' Compensation? How does the right to recovery work in these situations? Let's take a closer look.

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Topics: Worker's Compensation

What to Do When Your Employer Denies Medical Leave

Posted by Allison Sullivan on Jul 25, 2018 11:57:27 AM

Crystal Reynolds Fisher's 18-year-old son became sick with a fever, ending up on life support as he deteriorated rapidly. Crystal, who works at a gas station in her local Albion, Michigan community, texted her boss to let her know that she would need to take time off work in order to be close to her son during his recovery.

Dawn's response was chilling: "If you can't come to work, that's you quitting."

Crystal posted the text conversation on her personal Facebook page, where it quickly began to spread and eventually appeared on national news organization websites detailing Crystal's situation.

In the case of Ms. Fisher, the company she works for terminated the employment of the manager after her story made national news and granted her medical leave as needed. 

But... what if you don't have a story that 'goes viral', attracting national attention and putting pressure on a company to approve emergency leave?

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Topics: Worker's Compensation