With a Workers’ Compensation claim, will I get my full salary while I’m out of work?

If you are out of work and entitled to weekly workers’ comp checks, you will be paid about 2/3 of your average weekly wage or salary. If you are in an unusual situation, this may be a little difficult to figure out. A few examples: working less than 52 weeks with the employer, working more than one job, a significant change in your salary. Some job situations are easy to calculate; some are not.

There is a maximum amount or limit that a person may be paid each week; this amount changes each year.

How You Qualify For Social Security Disability Benefits

Byron DavidTo qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security’s definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called “work incentives,” that provide continued benefits and health care coverage to help you make the transition back to work.

If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

When To Apply for Disability

Byron DavidIf you feel you are disabled and unable to work, please call The David Law Firm (843-488-1415) for a free case evaluation.

HOW LONG DO I HAVE TO WAIT AFTER BECOMING DISABLED BEFORE I CAN FILE FOR SOCIAL SECURITY DISABILITY BENEFITS?

Not even one day. As a general rule, you should apply sooner rather than later. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.

I AM DISABLED, BUT I HAVE SUFFICIENT AMOUNT MONEY IN THE BANK FOR NOW. DO I HAVE TO WAIT UNTIL THIS MONEY IS GONE BEFORE I APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?

No. If you have worked in recent years or if you are applying for disabled widow’s or widower’s benefits or Disabled Adult Child (DAC) benefits, it does not matter how much money you have in the bank. There is no reason to wait to file for Social Security disability benefits.

CAN I RECEIVE SOCIAL SECURITY DISABILITY BENEFITS IN ADDITION TO MEDICARE AND/OR MEDICAID?

Everyone eligible for Social Security Disability Insurance (SSDI) benefits is also eligible for Medicare after a 24-month waiting period. During this waiting period for Medicare, an individual may be eligible for health insurance through a former employer. The employer should be contacted for information about health insurance coverage.

Typically, a person receiving SSI is eligible for Medicaid. In most states, a decision will be made by the Social Security administration on an individual’s ability to receive Medicaid. However, in some states, a separate application is needed. Information on SSI and Medicaid in your state is available online. It is possible to get both Medicare and Medicaid if you have a low income and limited resources.

Adapted from a publication from Charles T. Hall, Esq., NOSSCR Past President.

South Carolina Workers’ Compensation Claim Basics

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First and foremost, if you’ve been hurt on the job, call The David Law Firm (843-488-1415) immediately.
How do I report an on-the-job injury?

Report all injures at work to your employer immediately and request medical treatment, if needed. If you neglect to report the injury within 90 days of the accident you may lose your benefits. Although you must report the injury within 90 days, you have up to two years to file a claim for benefits. If a worker dies because of work-related injuries, the workers’ dependents, or parents if there are no dependents, must file a claim within two years of the death to claim benefits.

How do I file a claim?

You may personally file a claim if your employer does not report your accident, denies your injury by accident, or if you believe you did not receive all of your benefits. To file a claim you must submit a Form 50 or Form 52 to the Commission. If you are unable to download these forms, email the Commission’s Claims Department at claims@wcc.sc.gov to request the forms be mailed to you. When filing a claim on a Form 50 or Form 52, mark the box 13a. which states, “I am filing a claim. I am not requesting a hearing at this time.”
What medical treatment am I entitled to receive?

You are entitled to all necessary medical treatment that is likely to lessen your disability. Workers’ compensation generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. Keep in mind that in order to receive these benefits you must go to the doctor chosen by your employer or its insurance representative.
How is the compensation rate determined?

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. If you are working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.
Will I get compensated for missing time from work because of my injury?

There is a seven-day waiting period before benefits can be paid. If you are out of work for more than seven days, payments will come from your employer’s insurance representative. If you are out of work for more than 14 days, you will receive compensation even for the first seven days. You can expect payments to be made directly to you and these should continue until the doctor releases you to return to work.
When are my benefits terminated?

After the doctor releases you to return to work with or without restrictions, within 150 days of notification of the accident, you should receive two copies of Form 15 with Section II completed indicating that compensation has been stopped and for what reasons. If the insurance carrier stops your compensation, and if you disagree, complete Section III of the Form 15 and send it to the Commission’s Judicial Department. This is your way to request a hearing to be held in sixty days. If the doctor releases you to return to work after the 150-day notification period, your employer or insurance representative will ask you to sign a Form 17 (receipt of compensation) after you have been back to work for 15 days.
What if the doctor releases me to light duty?

You must accept light work if it is ordered. If you do not accept, all compensation may cease as long as you refuse to return to work. You have a right to a hearing if you believe that you are not able to do the work assigned to you. If you return to light work before you are fully discharged by the doctor at a wage less than you were earning at the time of your original injury, you are entitled to weekly compensation at the rate of 66 2/3% of the difference between your average weekly wage and your new wage.
What if I receive an impairment rating or have a scar?

When the doctor releases you with an impairment rating or if you have a non-surgical scar that can be seen at least eight feet away, the insurance carrier will request an informal conference/viewing. This is an opportunity for you to meet with a representative from the Commission and the insurance carrier to determine the amount of compensation due.
What is a hearing?

The workers’ compensation commissioners conduct a hearing to resolve disputes between you and your employer’s representative. You may apply for a hearing if your employer does not report your accident, denies your injury by accident, or if you believe that you did not receive all your benefits. You may download the Form 50 from the website to request a hearing, or obtain the Form 50 by contacting the Commission’s Judicial Department at judicial@wcc.sc.gov. Mark the box 13b. which states, “I am requesting a hearing.” A $25 fee is required.
Do I get reimbursed for my travel expenses when I go to the doctor?

Yes, if the round trip distance is more than ten miles from your home. Effective August 23, 2004, Commission approved allowance for trips to a pharmacy if the round trip distance is more than ten miles from your home. You should be reimbursed for the round trip mileage at the rate allowed state employees for mileage.
Can I get a second opinion if I am not happy with the doctor to whom the insurance carrier refers me?

You can talk to the insurance carrier and see if he or she will allow you to go to another doctor, or you can request a hearing by completing a Form 50 and have a Commissioner make a determination on the case.
Who sends me my weekly check?

Your employer is required to have workers’ compensation insurance if they have four or more employees and the insurance carrier will be responsible to pay compensation to you if you are out of work for more than seven days.

Schedule of Social Security Benefit Payments 2014

Byron David Conway

The Faces and Facts of Disability

Attorney Byron David Presents Kiwanis Scholarships

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Conway High School graduate Stevie Martin, third from left, was presented at $1,000 scholarship during the Kiwanis Club of Conway’s recent weekly meeting at the Conway Recreation Center. Miss Martin plans to attend Anderson University. She was a member of the Key Club at CHS, where she was ranked 14th in the senior class. Martin was a cheerleader at CHS and will also be a member of the cheerleading team at North Greenville.  Pictured are, left to right, Sallie Goldfinch, CHS Key Club faculty adviser; Stevie’s mother Michelle Martin; Stevie Martin; and Conway Kiwanis Club president Byron David.

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Loris High School senior Lynzi Hammett, third from left, was recently presented a $1,000 scholarship during the Kiwanis Club of Conway’s weekly meeting at the Conway Recreation Center. Miss Hammett plans to attend Wofford College where she will major in chemistry. She is a four year member of the LHS Key Club and is ranked fifth in her class.  Pictured are, left to right, Richard McCleary, chairman of the Service Leadership Program committee for the Conway Kiwanis Club; Byron David, president; Lynzi Hammett; her mother Laura; and Denese Tyler, LHS Key Club faculty adviser.

 

(source: The Horry Independent)

Four Time Finalist for “Best Attorney”

Byron David - The David Law Firm

Thank you again for voting Attorney Byron David “Best Attorney” for the fourth consecutive year!  We love our clients!

THE DAVID LAW FIRM’S NEW HIRE

Taylor Griggs, The David Law FirmThe David Law Firm has hired their legal assistant intern, Taylor Griggs, as a full-time manager of their social security disability claims.  A native of Hartsville, Griggs graduated this May with a Bachelor of Science degree from Coastal Carolina University, concentrating in Business Management.  She has been interning with The David Law Firm since September 2013.

Attorney Byron David is pleased to have Griggs as a full-time member of their team.  “Taylor has exceeded all expectations.  She is an unbelievably hard worker and has an eye for detail; I feel fortunate she has decided to stay with us,” states David.  Griggs will manage social security disability files including filing appeals, obtaining medical documents, court preparations and attending hearings.

THE DAVID LAW FIRM WELCOMES NEW INTERN

Jennifer Koss, The David Law FirmThe David Law Firm is proud to announce and welcome Jennifer Koss as their new Legal Assistant Intern. Koss is currently a rising senior at Coastal Carolina University, majoring in Political Science and minoring in Pre-Law; she anticipates graduating in Spring 2015.  Koss is very active within the university, including being a member of the Phi Alpha Delta Law Fraternity and former player for the Coastal Carolina Women’s Lacrosse team.

Attorney Byron David is pleased to have Koss as their new intern.  “Jenn has a real interest in the legal field and all that it encompasses.  She will be a great addition to our firm,” states David.  As a Legal Assistant at The David Law Firm, she will control phone operations, scheduling, scanning and miscellaneous legal tasks; she will also aid in creating legal documents and assisting in court preparations.

Welcome Jenn!

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