Legal Question in Workers Comp in South Carolina

PPI Award doesnt sound fair for 10%

In 12/2003 I injured my back at work. I have not been out of work nor drawn any money. Anytime I missed a few hours for treatment or appointment it was unpaid. I have went through several rounds (5 or 6) of PT, had several injections in my back, and am currently on pain medication round the clock and the doctor said I most likely will always be in pain. I am able to continue working because I have a desk job.

I was declared 10% PPI (lower back). I received a letter Saturday offering me $9600.30 as an award.

I am just curious as to if this amount sounds close to fair. I have never been involved in anything similar and have nothing to relate to.

I have not went to an attorney because I am afraid they will terminate me if I do that, but I want what is fair to both of us. This is a desk job and I was a housewife most of my life and have no education to fall back on if this job goes away. I would never be able to take a job where I had to stand on my feet for any length of time.

Salary if you need to know is 525.20 per week.

Asked on 3/23/06, 9:28 am

2 Answers from Attorneys

David Breen David Hart Breen, P.A.

Re: PPI Award doesnt sound fair for 10%

Offer is inadequate. The worker's comp insurance carrier is trying to take advantage of you. I understand your fear of retaliation however it is illegal to fire someone for filing or pursuing a comp claim in SC. What's to say you dont get a lawyer, settle the case and they fire you anyway. What's your medical prognosis? Is surgery an an option? You need to get to the bottom of your condition. I can take the case based upon 40% of any increased amount over the current offer. Email me directly to discuss representation further. Thanks.

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Answered on 3/23/06, 10:04 am
Robert Johnston Law Offices of Robert J. Johnston

Re: PPI Award doesnt sound fair for 10%

I can appreciate your concerns about not wanting to get an attorney because you don't want to be terminated. However, its highly unlikely that you would be terminated. Your workers comp. issue is between you and the insurance company, not your employer. In fact, your employer would probably not even know that you got an attorney. As far as the offer they made, its hard to tell if it is fair or not. Given what you have said about your condition its possible that you may be entitled to more benefits, especiallys since you apparently have a permanent restriction to employment. Furthermore, the chances of the insurance company settling for more money is greater with an attorney since the insurance company knows that the attorney will pursue the case through the system if they don't offer a fair amount. Your smart to asked these questions. But if you really want to protect yourself, you should call or meet with an attorney who can ask you more questions, get all the necessary information to give you complete advise. If after you get that advise you want to proceed on your own without an attorney you would always be free to do so. On the other hand you may decide that it is in your best interest to be represented. Good luck. Robert Johnston

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Answered on 3/23/06, 12:02 pm

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