Many times when a employee sustains an injury on the job, the extent of the injury is not known. Sure, you know you hurt your back, but maybe it is just a strain. You want  to just finish the day and see how you are doing in the morning. A couple of Motrin and you hope to be fine.

The pain seems to be steady but bearable. But after a week,  the pain gets worse. Shooting pains run to your leg. What you thought was a strain seems to now be worse. You go to your employer and tell them what happened last week and they tell you “Sorry, you did not report the injury in time. Our policy is report it the same day and since you did not, we can not help you.”

What they are telling you is wrong. Under the Workers Compensation Act an employee has ninety (90) days to report an injury to a supervisor or owner. The sooner you tell a supervisor at your job the better chance the case will be accepted, but the employer’s rules for reporting an injury can not over rule the law of  South Carolina.

If an employer is denying you benefits because you reported your claim “too late,” call a attorney at the Steinberg Law Firm for a free consultation to see if you can proceed under the Law of South Carolina.

If you are injured on the job, you might be entitled to certain benefits such as medical care, lost wages, and future disability payments. But who pays for all of this? Many clients are reluctant to file a claim or hire an attorney because they do not want to “sue” their boss.

The injured worker is not suing their employer, she is bringing a claim under the employer’s workers comp insurance policy. All Employers with four or more employees are required to carry workers compensation insurance. So when you file a claim against your job’s policy, an insurance company will be responsible for all decisions including whether or not to pay your benefits. There is no law suit filed.

For instance, if you had a fire at your  home and filed a for recovery under your insurance policy, you would not be “suing” yourself, but rather you would be recovering under a policy you paid for. While your fire insurance policy may be different from your neighbor’s policy, all Workers Compensation policies are dictated by the South Carolina Code of Laws. The insurance company representatives have been trained in knowing the law and have lawyers at their disposals to interpret the law they see fit.

If you are injured on the job, you should consider a free consultation with an Attorney to see if your claim is being handled properly.

Call the Steinberg Law Firm, LLP  at 843-871-6522 to set up your free consultation.

Research by the National Institute for Occupational Safety and Health (NIOSH) has shown that an increasing amount of Americans (nearly 30%) do not get enough sleep at night, rising from about 24% in the 1980s.

Sleeping for fewer than six hours a night can cause a decline in mental acuteness, which can hinder productivity and lead to accidents that cause injuries.

NIOSH recommends employers to give their employees at least 10 hours between shifts to allow them to receive an adequate amount of sleep. Workers who do not get enough sleep are more likely to cause accidents.

If you have suffered a workplace injury as a result of sleep deprivation, contact the Charleston workers’ compensation lawyers of the Steinberg Law Firm at 843-720-2800.

After an on the job injury, your Average Weekly Wage (AWW) must be determined to establish your “Compensation Rate” under the South Carolina Workers Compensation Act.  Your AWW should be computed correctly or you could lose out on benefits that are due to you.

The AWW is established by the wages reported to the South Carolina Employment Commission for the previous four quarters of employment prior to the date of injury. That number is then divided by the amount of weeks worked in that period which will determine an employee’s “Average Weekly Wage.” That number is then multiplied by .667 to establish your Compensation Rate, the rate you would be paid per week while out of work due to an injury and used for any award for permanent injury.

Sometimes taking the previous four quarters is not a fair way to calculate your AWW. This is true if you have recently receive a substantial raise and bonus. And of course it may not help if you had just started your job when the  injury occurred.  If the standard method to calculate AWW is not a fair representation of wages earned,  there are other ways to calculate an employees Average Weekly Wage such as using a “like-kind employee’s” wages.

Also, if you had second job at the time of the injury, a worker can add the wages from the second job to the calculations in determining AWW and Compensation Rate.

Wage issues can become complicated and you should always consult with an Attorney before accepting the insurance carriers determination of your Average Weekly Wage.

At the Steinberg Law Firm, we can help make sure your wage calculation are correct and that your benefits are being properly administered. Call us at 843-871-6522 to receive a free consultation.

Raphael Davis is a 35-year-old professional mixed martial arts fighter who has recently been charged with four counts of felony insurance fraud. These charges are based on evidence that Davis was fighting in matches while earning paychecks through the workers’ compensation insurance program.

Davis was employed as a Los Angeles firefighter until he was unable to continue his work, and filed for workers’ compensation benefits. He was granted those benefits, and began receiving payments in 2008 up until May of 2011. While he was living off of those monthly checks, Davis was training for several different MMA fights.

Based on these allegations, Davis was arrested on April 10 at his home, and was taken to jail. He posted the $30,000 bail in one day, and is now waiting for his next court date. If he is convicted of the charges that have been filed against him, he could face up to five years behind bars.

If you have been injured while working, you may be entitled to workers’ compensation benefits. Please contact the Charleston workers’ compensation lawyers of the Steinberg Law Firm by callling 843-720-2800 today.

The Ohio Bureau of Workers Compensation is interviewing employees at the Struthers wastewater treatment plant in order to gain insight into a workplace accident that took the lives of two men.

The accident in question happened on March 1 when an alleged wiring error caused an explosion in the compressor room of the plant. The two employees who were working in that room suffered greatly. They were taken to a Pittsburgh hospital in order to be treated for their third-degree burns.

These burns proved to be too severe, and both men lost their lives at the hospital. No specific cause for the fire has officially been identified.

Our thoughts are with the victims’ families and friends during this tragic time.

State workers’ compensation programs are a current topic of hot debate, and Walmart can take most of that credit.

The mega-store announced in the month of March that it would be leaving Texas’ state workers’ compensation program. This exit would not be allowed in most states, but Texas is the only state in the U.S. that will let a company of any size leave the program. Walmart will now be able to distribute their own benefits program to injured workers, thus reorganizing their own finances and saving costs.

The ability to own private benefits programs can be a negative thing for employees. For example, Walmart will not be offering unlimited benefits for long-term injured employees. They will place a cap on their allowance of funds, unlike in state programs where there is no such cap. The time that a hurt worker will be able to collect a portion of their paycheck will also be shorter.

Please contact the Charleston workers’ compensation lawyers of the Steinberg Law Firm by calling 843-720-2800 if you or someone you know has been injured on the job.

A workplace accident on Monday morning has left one dead in Salem, Virginia. 

A steelworker was helping unload steel trusses from a trailer at New Millenium Building Systems when a truss fell on top of him. The 8,000 pound truss crushed the man's legs and left him immobile on the floor. It took numerous rescue workers to free the man from the truss. He was immediately taken to Carilion Roanoke Memorial Hospital to be treated for his injuries.

His severe injuries were listed as life-threatening. Hours after being admitted to the hospital, the steelworker succumbed to his injuries and passed away. An investigation into the man's death is underway.

We would like to offer our condolences to the man's family and friends during this heartfelt time.  

A large influx of former professional football players are filing workers' compensation lawsuits against the NFL in hopes of obtaining benefits from injuries suffered while playing the sport. These athletes received varying degrees of injuries, and are now currently out of work, and looking for compensation for their suffering. 

These claims have become more common in the world of professional sports. According to the NFL Players Association website, these individuals may be entitled to the compensation if they are able to prove what injuries they have, and that they are currently unemployed. The NFL does not issue coverage for injuries unless a workers' compensation claim is filed.

The National Football League has filed several lawsuits against these former players, in order to return these lawsuits against them to their proper states. They believe that these suits should be carried out in courts where the professional teams are located.

If you have questions regarding workers' compensation claims, please contact the Charleston workers' compensation lawyers of the Steinberg Law Firm by calling 843-720-2800 today.  

The death of a 26-year-old dance teacher came as a complete shock to her family and friends when she was struck and killed by an oncoming train near University Park in Chicago. The teacher had attended a dance competition where her students were showcased, and she was returning home when traffic caused her to reside on the train tracks. 

There were no flashing lights or gates down on the tracks, so no one in the traffic believed that there was any chance a train would come through the area. Earlier that day, railroad workers were performing maintenance on the tracks and did not reactivate the lights and gate before leaving. The woman did not have any time to react to the oncoming train, and ultimately lost her life in the accident.

The woman's family filed a wrongful death lawsuit against the railroad company. They sought more than $50,000 in damages, but reached a $6 million settlement with the railroad company. The railroad company noted that it was solely responsible for the death of the young dance instructor. They settled out of court with her family.