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Can an employee in Charleston lose their position while accepting workers compensation benefits?

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Charleston, SC – Workers compensation is meant to protect injured workers through compensation for wages and healthcare costs, as well as other benefits that may be related to training. An employee may not be able to work as normal for months or years depending on the severity of their injuries. However, the employer is not supposed to retaliate against an injured work by terminating their position or any other means simply because they filed a claim. Legal help may be necessary for any worker who feels that they have not been treated properly after a bona fide work related injury. 

Termination for receiving workers compensation

Employers are usually not permitted from terminating the worker while they are hurt and receiving benefits. Employees in South Carolina may possibly be terminated for issues other than the fact that the claim was filed, as the state uses an “at will” employment relationship. South Carolina’s state laws regarding this issue specifically say that an employee can never be fired as retaliation for a legit workers compensation claim. In some cases, there may be disputes if the employer can show additional reasons for terminating the worker, such as their job performance, company policy violations, or other reasons that are not directly tied to the claim. 

The main exception to this rule is if it is obvious that the injured person will never be able to return to their prior job ever again. Some companies may choose to give the worker a different position, rather than ending their employment entirely. As a related matter, some companies will hire temporary workers to replace those who have been hurt and will remain away from their job for several months or longer, but the injured worker will usually be given their same job or comparable employment when they return.  

How long can an injured worker stay on workers compensation and keep their job?

The question of retaining employment after an injury is highly fact intensive. Some workers who deal with actions such as heavy lifting or intense manual labor may have trouble finding work in the same career field if they have sustained a serious injury that limits their ability to move and function as normal. If someone is going to be away from their job long term, the company may start to question the financial feasibility of keeping them employed for an extended period of time without their normal productivity. 

Help for local work injury cases

The Clekis Law Firm focuses on workers compensation claims in the Charleston, South Carolina area. Any injured worker can get in touch with the firm to learn more about the claim process and defending their rights. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

How does the Jones Act impact oil rig workers’ compensation in Louisiana?

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Louisiana – March 25, 2021

Rig workers vs. seaman.

In recent decisions, the Supreme Court has held that to be considered a Jones Act seaman, ”a worker must aid in the navigation of a vessel, or contribute to the mission of a vessel and have a connection to an identifiable group of vessels that is substantial in terms of both duration and nature.” Workers’ compensation claims can be tricky and experienced legal counsel can support claims under the Jones Act when the worker proves they qualify as a “seaman” and they have been injured on the job.

The Jones Act.

The United States Congress enacted the Jones Act in 1920 to allow enhanced damage recovery options for seamen who were trying to recover for negligence.  The Jones Act provides remedies to “seamen,” those workers more, or less permanently assigned to vessels and who assist in their mission. Select Louisiana workers who are injured on the job may seek worker’s compensation through the Jones Act.  Oil rig accident victims should contact the Law Offices of Stag Liuzza for a free consultation regarding workers’ compensation for injuries occurring on oil rig vessels in Louisiana.

Offshore oil rigs considered vessels.

A “vessel” is broadly defined in 1 USCA §3 as anything capable of transportation.  Floater rigs are among the most common types of offshore rigs found in the Gulf of Mexico. These floating production systems are used in water depths from 600 to 6,000 feet. The extraction of volatile substances lead to frequent work-related accidents.  Workers are at risk of falling from dangerous heights in severe weather, and being caught in, or hit by machinery. Floater platform rig crew members work long stressful hours, which can contribute to fatigue and judgment error.  Personal injury attorneys can represent victims who have been injured on oil rigs in Louisiana.  There may be times when the claims for damages are workers’ compensation related, and where they are personal injury claims for negligence.  Skilled legal counsel can clear up confusion related to individual cases.

Special protections.

Victims who have been injured in a drilling rig accident in the Gulf of Mexico may be covered the Jones Act. The Jones Act provides special protection to workers on boats and other types of vessels. Even though oil rigs and semisubmersible rigs do not move under their own power, they are considered “vessels” under the Jones Act.

Under the Jones Act, victims may recover:

  • Full wages lost due to the accident
  • Lost earning capacity
  • Pain and suffering
  • Mental anguish
  • Loss of physical capacity
  • Disfigurement
  • Past and future medical expenses
  • Loss of household services

In wrongful death claims, funeral expenses and damages for pain and suffering that occurred prior to death are also able to be recovered. Legal action must be initiated within three years of the injury under the Jones Act.

Seek legal counsel.

Experienced attorneys at Stag Liuzza understand how important it is to seek financial assistance after an oil rig accident that causes harm and loss to victims. They can build a case for personal injury and/or claims under the Jones Act when warranted.

STAG LIUZZA, LLC

One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130

Ph: 504-593-9600
Fax: 504-593-9601

 

Sources.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section3&num=0&edition=prelim

https://legis.la.gov/legis/Law.aspx?d=110567

http://www.legis.la.gov/legis/Law.aspx?d=109387

http://www.legis.la.gov/legis/Law.aspx?d=109371

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104&num=0&edition=prelim

 

 

Does the workers compensation system make businesses safer in South Carolina?

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Charleston, SC – There are usually several million work related injuries throughout the country each year, and without safety measures in place this number would likely be much higher.  

Just about all workplaces in South Carolina and throughout the United States are required to pay into insurance that will cover injured workers wages. This system is important for protecting laborers, especially those who work in fields such as manual labor and manufacturing that have high injury rates. The main benefits of this system is that workplaces will try to find ways to reduce their financial losses by minimizing the possibility of a work related injury. 

Employers protect their workers in order to protect their money

One of the theories behind the workers compensation system is that employers are given an incentive to keep workers safe if they know that their insurance costs will increase after injuries are reported. This creates a reason for the company to protect its bottom line by also protecting its workers. Negative publicity or lawsuits tied to injuries also seem to have a similar effect due to the fact that the fallout from these incidents can ultimately cause customers to stay away from a business that seems unsafe or unethical.  

Identifying and fixing risks

When a workplace attempts to keep its employees safe, there will usually be various attempts to identify and then remedy any hazards or previous sources of injuries. While things like repairs and safety equipment will increase costs in the short term, lost productivity and payouts from workers compensation or insurance can ultimately be more expensive long term issues. Some businesses develop complex ways of checking for safety and reporting problems as soon as they are found to avoid incidents and injuries. However, basic safety measures are important as well, as injuries tied to simple mistakes like falling over office furniture or electrical cords are also quite common.  

Workers compensation claims

When a worker is hurt, their wages are paid by the insurance provider that the employer has already bought a policy from. There will be an investigation to determine if the injury was legitimately related to the person’s job duties and see if they were under the influence of alcohol or drugs, but most workers are paid as long as there seems to be no foul play. The main consequence from the employer’s standpoint is that insurance costs can increase in the future. Workers should also be careful to make sure the employer does not try to retaliate after they return to work, as this is illegal. 

Legal advice during a workers compensation claim

The Clekis Law Firm is experienced in all matters related to the workers compensation process under South Carolina law. Their attorneys are available to consult with injured workers and provide advice and guidance. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

Work injuries in South Carolina create a number of different legal issues

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Charleston, SC – When someone is hurt while working, they may be required to go through certain procedures mandated by their employer. However, they are also entitled to various forms of compensation, even if the employer tries to dissuade the worker from utilizing these remedies. Workers compensation claims and personal injury lawsuits are the two most common ways that the victim can try to receive financial assistance after they are hurt and must stop working for a given period of time. 

How a work injury happens

Workers who are in fields that involve manual labor, hazardous materials, construction, and driving tend to be at the highest risk for injuries. However, it is possible that anyone can be injured on the job. If someone is hurt by equipment that they need to utilize, another employee, or from a simple error, they may be able to make some kind of claim for compensation. The employer will investigate to see if the worker was engaged in their normal job duties when the incident happened. In most cases, if someone was not doing their normal work and engaged in some other activity while they were hurt, the employer will not be responsible.  

Workers compensation claims

Workers compensation is one of the most important forms of relief for injured workers. This is essentially a form of insurance purchased by the employer to pay for a worker’s lost wages and some basic medical expenses while they recover from an injury. Most employers of a certain size are required by law to carry some kind of workers compensation insurance.  

Personal injury lawsuits

Whether a worker’s employer or another entity is responsible for their injuries, the victim can bring a civil injury case to be compensated for things like medical treatment, lost income and wages, and emotional pain and trauma caused by the incident. This is done through a negligence case, which essentially says that the defendant breached their duty of care and caused various forms of harm. The element of damages is when the victim is able to add up all of these losses and argue that the defendant needs to provide compensation for the problems that they caused. Most injury lawsuits will end with a settlement agreement between the victim and the defendant, but it is possible that a full trial will be necessary. 

Speaking with a firm that handles work injury cases

Anyone who has been recently hurt at work can contact a lawyer to review their situation and recommend a course of action. The Clekis Law Firm handles workers compensation issues, personal injury cases, and related matters for clients in the Charleston area. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com