Thursday, January 15, 2009

Serious Personal Injury: South Carolina Workers Comp, Disability, and Auto Accidents

If you can no longer work due to and serious personal injury or medical condition, you may qualify for Social Security Disability benefits (SSDI). SSDI is a government run tax-funded program that provides qualifying individuals and their family members with income in the form of monthly disability payments. To qualify for SSDI you must fit all of the following criteria: 1) have a physical or mental condition that prevents you from engaging in any “substantial gainful activity”, and 2) the condition must be expected to last at least twelve months, and 3) must be under the age of sixty-five, and 4) must have worked five out of the last ten years unless under the age of 22. The current time frame for these claims in South Carolina is approximately 24 months, which includes the initial application, reconsideration, and hearing stages of a claim.

Recovering from a serious personal injury is often a long and difficult process. Added to the physical and emotional stress brought on by any major injury are the legal and monetary problems that come after an accident. Long periods off work or of reduced productivity place pressure on your finances. You may face loss of income and fall behind on your bills. If you do not have adequate health insurance, you will face a mounting pile of medical bills as well, resulting in debt collection and impaired credit. Or worse, limited or no access to necessary medical treatment. Knowing your options will help you get your life back on track and provide peace of mind for you and your family.

If your personal injury is work related, you may be eligible to receive Workers Compensation insurance payments. Your employer, in exchange for you not suing them because of your injury, pays your medical expenses, and may be required to pay weekly compensation benefits and compensation for permanent injury or impairment. Most employers in South Carolina are required to carry Workers Compensation insurance on their employees, with a few exceptions. It was designed as a way to reduce litigation while providing the employee with an avenue for compensation and limtiting the employer's liability exposure. There are time limits to notify your employer of the injury as well as filing a claim, so consult with an attorney immediately.

When you suffer personal injury because of an auto accident, your compensation usually comes from the auto insurance company of the driver at fault, and possibly your insurance company if the other driver has insufficient or no insurance to compensate you. As with an injury at work, after a serious auto accident, if you fit the qualifications for SSDI you may still collect this as well. It will cost you nothing for our law firm to evaluate your case to determine your legal needs. In fact, in many small or minor impact accidents, you may be able to handle the negotiation with the adjuster on your own and save yourself money. The same usually does not apply for serious injuries.

Recovering from a major personal injury is difficult. With time and patience, you will regain a life that you can enjoy. It is important for you get started on the application processes for aide as soon as possible. By taking care of the legal and monetary aspects early, you can free yourself to concentrate on getting better. As always, consult with an attorney when deciding on any legal actions. A good attorney can lead you through the lengthy SSDI application process and insure that you are receiving the correct compensation from both Workers Comp and auto insurance companies.

Most attorneys work on a contingency fee basis for most personal injury claims, which means you will not have pay anything if you do not get any compensation. One of the most important things to remember regarding an injury claim, whether it is disability, workers compensation or an accident is medical documentation. Quite often a claim is denied or underpaid because the claimant can't document their medical condition or injuries. Many times the injuried associated with a work related accident or serious automobile accident may qualify the claimant for disability benfits in addition to any other benefits. As many times the injuried associated with a work related accident or serious automobile accident may qualify the claimant for disability benfits in addition to any other benefits, it is extremely important to seek legal advice.

12 comments:

  1. Were can I get more information about talking to an attorney for free?

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  2. I had a friend who went through a serious injury. She had to get an attorney to get anything done.

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  3. Auto Accident Lawsuit are increasing day by day due to increase in tension and use of alcohol while driving. This need to be avoided

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  4. Think of personal injury lawyers as a friend and confidante, as well as an adviser and expediter. When I suffered from an injury that kept me home from work, I didn't know what else to do. A good friend suggested a lawyer she consulted before. Thanks to that, my rights were not only protected, but I was able to support my kids all throughout my disability!

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  5. we all know that accidents are often unexpected, and although easily avoidable, they commonly occur and filing for a claim for injury is one of the good way on how to claim a compensation to what had happen to a particular individual.

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