Attorney Byron P. David Asked to Speak at the South Carolina Association for Justice Auto Torts Advanced Trial Lawyers College

Attorney Byron P. David of Conway, has been asked to speak at the South Carolina Association for Justice’s (SCAJ) Advanced Trial Lawyer College this December in Atlanta.  David will be on the panel with esteemed colleagues, Attorneys John S. Nichols, Allison P. Sullivan and Bert G. “Skip” Utsey.  David’s segment is noted under the Expert College – Learning from the Experts and is titled “The Devil is in the Details: Settlement Agreements, Indemnity Liens”.

“I am truly humbled to be speaking at the conference with such respected and accomplished attorneys.  The Auto Torts conference is always informative and insightful; I look forward to being on the other side this year,” says David.

 The Auto Torts Advanced Trial Lawyer College will be at the Ritz-Carlton, Buckhead, Atlanta the first weekend in December. Often described as “the best seminar in the region, if not the country,” the SCAJ Auto Torts seminar is enjoyed by trial lawyers from across the south.  It will include a variety of presentations on subjects ranging from technology and toxicology to neuropsychology and ethics.  Speakers will include well-known AAJ members and experts in their fields.

I’ve heard that you have to pay a lot of money to get a good lawyer to handle a workers’ comp case. Is this true?

You don’t pay anything at all up front. In fact, the lawyer isn’t paid until you “win” your case. The lawyer’s payment is taken out of your check, so you’re not having to dig into your savings or borrow money to pay for a lawyer.  Attorney Byron David knows the workers’ compensation process. He knows how to help get everything you deserve, everything you’re entitled to.

Here at The David Law Firm, we have years of experience in successfully representing people who have been hurt at work. We will do whatever we can to help you recover the compensation you deserve.

Almost any type of physical injury or mental illness caused by your work is covered. This includes broken bones and all types of sprains and muscle strains. Many times employees do not realize that workers’ compensation also covers other types of work-related injuries, including carpal tunnel syndrome, loss of hearing or vision, lung injuries, heart attacks, strokes, hernias, disfiguring scars, injuries caused by repeated strain and occupational diseases.

Your employer’s insurance company is responsible for all authorized and related medical charges connected with your on-the-job injury. This includes hospitals, physicians, ambulance charges, x-rays, crutches, physical therapy and prescription charges. There is no deductible and you do not pay any of the medical costs. In addition, you are entitled to reimbursement for mileage expenses associated with your medical care.

The workers’ compensation system in South Carolina is a no-fault system. That means if you are hurt on the job, you are entitled to benefits regardless of fault. All employers in South Carolina who employ four or more people are required by law to carry workers’ compensation insurance to cover their employees.

If you were hurt on the job, call The David Law Firm today for a free consultation and case evaluation (843-488-1415). Again, if we handle your case, you pay absolutely nothing unless we win.

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.

Attorney Byron David Speaking at Injured Workers’ Advocates Seminar

Attorney Byron David with The David Law Firm has been chosen to speak at the Injured Workers’ Advocates Paralegal and Legal Assistant Seminar on Saturday, January 25, 2014.  Attorney David plans to discuss what types of cases must be mediated and how paralegals can prepare their attorney and files for mediation.  The seminar has been designed to assist paralegals and legal assistants of all levels.

Injured Workers’ Advocates is a nonprofit association of attorneys who are dedicated to protecting and advancing the rights and legal remedies for South Carolina workers who are victims of occupational injury or disease. Injured Workers’ Advocates works to achieve these goals by advocating for the rights of the injured worker through education, litigation, and communicating with others concerning goals and issues important to the protection of workers’ rights in the state of South Carolina.  Their mission is to protect the rights of injured workers and their families in South Carolina.

New Mileage Reimbursement Rate – Workers’ Compensation

Regulation 67-1601 A (1) provides the expenses incurred for travel to receive
medical attention which shall be reimbursed to the claimant are mileage to and
from a place of medical attention which is more than five miles away from home in
accordance with the amount allowed state employees for mileage.

The state employee mileage rate is based upon the standard business mileage rate
established by the Internal Revenue Service. Effective January 1, 2014 the
reimbursement rate for state employee mileage is 56 cents per mile. Therefore,
effective January 1, 2014, the new mileage reimbursement rate to and from a place
of medical attention is 56 cents per mile.

2014 Maximum Weekly Compensation Rate – Workers’ Compensation

At the [South Carolina WCC] Business Meeting on December 16, 2013, the Commission approved the maximum weekly compensation rate at $752.16 for injuries arising on and after January 1, 2014. The South
Carolina Department of Employment and Workforce certified the average weekly wage July 1, 2012 through June 30, 2013.

As provided in Title 42 of the SC Code of Laws, 1976 the maximum weekly compensation rate equals 66⅔% of an individual’s average weekly wage, not to exceed the average weekly wage in this State for the preceding fiscal year as determined by the South Carolina Department of Employment and Workforce.

Can I Collect Workers’ Comp for a Job Accident Outside My Normal Job Description?

Would you be eligible for Workers’ Comp if you were injured at work while performing a task that is outside of your normal job description? For example, suppose your boss tells you to climb a ladder to re-stock an item, even though stocking merchandise is not part of your regular job, and you fall off the ladder, injuring your back. In South Carolina, a WC claim can be pursued if an injury arose our of and in the course and scope of your employment. Only an experienced Workers’ Compensation lawyer can help determine what benefits can be realistically expected, the time it will take, and the difficulty of the claim.

Generally, WC benefits include:
• medical bills
• time lost from work (with a doctor’s note)
• medications
• medical equipment that is reasonable, authorized, causally related, and by written referral
• mileage to the doctor and pharmacy
• permanent impairment

However, the South Carolina Workers’ Compensation Act does not include benefits for:
• pain and suffering
• discomfort
• inconvenience
• loss of consortium

If you think you have a Workers’ Compensation claim, call The David Law Firm for a free consultation (843-488-1415).