Legal Question in Workers Comp in South Carolina

Do I need legal representation?

I was injured on the job and broke three bones in wrist, fractured scapula, hip and big toe. workers Comp paid for all medical, and 2/3 of wages. I was off work for over 6 weeks. Now it is time to settle, and I need to know if I need a lawyer to represent me. Will legal representation most likely produce a larger settlement than self-representation?

My impairment rating is 27% of upper extremity; however, it only affects my current (and future)career minimally.

Asked on 7/26/01, 7:19 pm

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: Do I need legal representation?

It would most likely help. Since you already have a rating, an attorney would only be entitled to a fee on the amount negotiated in excess of your rating. A 27% impairment to the upper extremity is worth approximately 59 weeks of compensation at the rate you should have received on a weekly basis for the 6 weeks you were out of work. If an attorney negotiated a settlement of 89 weeks on your behalf, his fee would be equal to 10 weeks (89-59=30, 30/3=10).

An attorney can also make sure you are receiving the correct weekly amount and accurately explain your rights.

In your case, since more than one body part was involved in your accident, you may be entitled to pursue a claim for reduced earning capacity. This would be true even if you have returned to the same job. I would recommend hiring an attorney.

If I can be of further assistance, please feel free to call me.

Al Martin


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Answered on 8/22/01, 2:02 pm

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