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Our Newsletter

Lisa Cotten nominated for Council Member Position in the Workers' Compensation Section of the SC Bar
As a legal professional, it is important to meet and work with other lawyers who share your interests, needs and concerns. Lisa's membership in the Workers' Compensation Section gives her the opportunity to meet and work with other lawyers and enhances her skills to meet the specific needs of this practice area. In addition the South Carolina Bar's 18 Sections publish newsletters, sponsor CLE programs, participate in electronic mailing lists and organize other projects that benefit members as well as the public.

Russ Foster inducted into the American Board of Trial Advocates
The Mike Kelly Law Group, LLC is pleased to announce that Russ Foster was inducted into the American Board of Trial Advocates (ABOTA), at the South Carolina Chapter's annual Black Tie Dinner of February 11, 2010. The ABOTA Foundation was established in 1991 to provide education to the American public about the right to trial by jury and to promote the professional education of trial attorneys. Russ practices law of counsel for MKLG, and throughout his successful career has obtained justice for each of his clients. In addition to earning a reputation as a trusted attorney since he began practicing law in 1985, Mr. Foster is active in the community where he raises his family.

Mike Kelly speaks at Memorial Service of Dr. Colgate Whitehead Darden, III
A member of the Board of Directors, Mike, has been involved with the New Morning Foundation for a number of years. Dr. Darden was ultimately responsible for organizing New Morning, a non-partisan private-sector long-term initiative to improve young people's reproductive health education, counseling, and clinical services throughout South Carolina. The Foundation's mission has evolved to in clued people up to age 30. New Morning also supports TellThem! and The South Carolina Coalition for Healthy Families, which advocate for state policies to protect and expand reproductive health education and clinical services.

Mike Kelly congratulates Glenforest High School Basketball Coach, William Knopf
Glenforest High School Basketball Coach, William Knopf has been named the 2010 Samaritan's Feet Barefoot Coach of the Year. 'Barefoot For Bare Feet' is a movement created by Samaritan's Feet that has gained worldwide appeal and outreach. Coach Knopf demonstrated courage at the highest level by raising thousands of pairs of shoes by coaching 13 games in his bare feet, including the South Carolina State Championship Game and by walking 8 miles barefoot to a game.
Coach Knopf is a former MKLG client; Mike is the 2009-2010 Vice Chairman of the Board of Directors for Glenforest and the parent of a former student.

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    A federal judge on Wednesday blocked key parts of Arizona's tough new immigration law one day before it was to take effect, setting up a protracted legal ...

  2. U.S. probing report of lunch thefts by Philadelphia teachers

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  3. Foreclosures boom among former most-creditworthy; Rate has soared 425% for prime loans, 600% on jumbos

    A record number of borrowers once judged the most creditworthy are heading into foreclosure as the job market leaves more homeowners unable to keep up ...

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Workers Compensation Claims

Types of Injuries or Illnesses

At The Mike Kelly Law Group we understand that you have many questions regarding workers compensation. We also understand that you are distressed and apprehensive about your situation. Rest assured that we are here to advise you, get you through the legal maze and make sure you receive all the benefits owed to you under the law for your work related injuries.

The first real question is whether, under the law, you have suffered an injury that can be claimed under workers compensation. Generally, such job related injuries are those suffered not only while on the job, but having been caused directly by doing that job.

Bottom line, there needs to be a real connection between the accident that caused your present condition and the scope of duties of your employment.

Here’s a review of the major types of claims and injuries that fall under worker’s compensation:

  • Asbestos exposure and other job-related diseases
  • Various bodily injuries
  • Burns and injuries suffered in fires and explosions
  • Carpal tunnel syndrome and repetitive trauma injuries
  • Reflex sympathetic dystrophy (RSD)
  • Complex regional pain syndrome (CRPS)
  • Chemical burns and toxic chemical exposure
  • Disfigurement and scarring
  • Work-related emotional and psychiatric issues
  • Eye injuries and hearing problems
  • Work-induced heart attacks and work-induced strokes

In South Carolina, Columbia workers compensation laws also have prelusions from claims as well. Any injury sustained outside of work, or outside the scope of your duties at work would definitely fall under preclusion. However, if looked into further and proofs established then it maybe no longer precluded. Injuries like these are a result of repeat or cumulative trauma, and not an immediate accident. An example is carpal tunnel syndrome, or some type of mental or psychiatric condition. These are not easily proven, but our attorneys can help guide you.

Workers Compensation and Legal Services in South Carolina

Before walking through the various steps of processing a claim, you’ll first need to understand the basics about workers compensation laws in South Carolina. The law requires that most employers, with few exceptions, who have more than four full time employees, have workers compensation insurance. The benefits would be outlined in these policies.

Workers compensation laws not only protect employees but also protect employers from fraud and other issues. In either case, in today’s times, legal representation for real negotiations requires someone with experience. The laws are complex and tedious.

Some basic concepts of workers comp:

  • Provide reasonable income and medical benefits to work-related accident victims, regardless of fault, without delay.
  • Keep personal injury litigation and costs down to a minimum by providing a clear, quick and reasonable remedy.
  • Encourage maximum employer interest in safety, and rehabilitation, such as training and regular maintenance to name a few.

The rules vary state by state and the outcomes can sometimes be unfair to the sick and injured. Like all other areas of law, workers comp is highly complex. Our injury attorneys practice this type of law every day, and are here to help you.

Possible Benefits for Workers in South Carolina

Our attorneys help workers get their benefits under the laws of South Carolina. Money for medical bills is only the beginning. It is possible to receive:

  • Money for medical bills
  • Rehabilitation benefits
  • Temporary total disability benefits
  • Permanent partial disability benefits
  • Death benefits for surviving family members

Our attorneys have the experience to secure the maximum benefits for you. Our attorneys also understand the process of filing your workers compensation claim, which you can read more about on our "filing a claim" page.

According to South Carolina Employment Security Commission, if you are injured and unable to work for more than seven days, you are eligible to be compensated at a rate of 67% of your average weekly wage. You are also limited to 100% of the State’s average weekly wage as established each year. Should your total disability exceed a 14 day period, then you are eligible from the date of the accident. If you have suffered total disability, or your family is survived by your death, then you or your family may be able to receive compensation for 500 weeks.

It is a highly intricate system of mathematical calculations and statistical computations, but The Mike Kelly Law Group is ready and able to see to it you get the maximum compensation that the law will allow. Remember, awards are usually made in terms of the number of weeks of compensation to which you, the employee, is entitled based on the extent of the disabling injury.

More Information

For more information on the worker's compensation process, you can review the following pages:

Filing a Worker's Compensation Claim

Worker's Compensation Laws in South Carolina

The Worker's Compensation Settlement Process

In order to get the compensation you now deserve and are owed you need to understand that anything having to do with workers comp would be the initial reporting of the accident/injury. If you delay reporting the incident, it may jeopardize the payment of medical fees and other compensation you may be entitled to under the law. Under no circumstance should you wait more than 90 days to report the incident to your supervisor and after that you have up to two years to file a claim. Don’t let time cause a loss in your claim. Call us at 866.959.4341, or complete our quick contact web form.

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