Landmark court decisions helps protect rights of workers hurt on the job in South Carolina

A landmark court ruling stemming from an employee’s fall accident in a Charleston dress shop is being haled as a major victory for those who suffer a South Carolina work accident.

Our North Carolina workers’ compensation lawyers join our attorneys in South Carolina in haling the victory. We know that the law does not treat South Carolina workers as favorably in many circumstances and we celebrate any ruling that helps address that divide.

The Myrtle Beach Sun News reports that employees who face career-ending injuries can secure larger Social Security disability payments during the aftermath of a debilitating work accident.

The South Carolina Supreme Court ruled the Workers’ Compensation Commission has the power to choose the method of accounting that determines benefits. Insurance companies had argued that the commission did not have that right. Some insurers were therefore approaching workers with a deal to take larger Social Security payments in exchange for smaller workers’ compensation awards.

The case involved an employee who fell down a flight of stairs while working at a King Street dress shop in 2002. The accident put her permanently out of work with a back injury. She was later ruled totally and permanently disabled, giving her access to almost 10 years of weekly unemployment benefits. But, until the ruling, her Social Security payments were in question.

Under one accounting method, she would have received about $350 a month. Under another valuation of her claim, she would have received more than $1,000.

If you are dealing with a work accident in North Carolina or South Carolina, or are dealing with a worker’s compensation or disability claim, contact the Law Offices of Lee & Smith today for a free and confidential appointment to discuss your rights. Call 800-887-1965.

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