Legal Question in Personal Injury in South Carolina

workplace injury

i work in a hotel i am assigned to the housekeeping dept. but my employer has me doing maintenance related work like moving furniture. in october i was moving alot of heavy items including very large mirrors i had on several occassions asked for help to do this prior and on the day of the incident and i recieved none. as a result i was putting up one of these mirrors and i tore a cartilage in my knee and now im unable to work and have to have surgery. they have been paying me workers comp but i dont think the payment is what it should be and i feel that my employer is at fault for my injury for not giving me the help required to do the work i was doing which was not even in the dept. that i am assignrd to.


Asked on 1/18/08, 10:43 am

3 Answers from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: workplace injury

You should be receiving two/thirds your average weekly wage. Are you? Robert Johnston

[email protected]

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Answered on 1/18/08, 10:57 am
Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: workplace injury

The amount you should be paid by WC is calculated by taking your gross wages for the 52 weeks prior to your accident and then dividing that total by 52. That gives you an average weekly amount. The average weekly amount is then multiplied times .6667 to determine the weekly benefit amount owed under WC. You are not paid your gross amount because workers' compensation benefits are not taxed.

Your employer is responsible to pay all your medical and prescription costs, mileage to and from your medical appointments, and a lump sum based on the amount of permanent damage done to your knee. I hope this helps. Feel free to contact me if you need more information or have questions.

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Answered on 1/18/08, 12:53 pm
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: workplace injury

You should consult an experienced workers' compensation attorney to discuss this situation in greater detail and your options.

If you would like additional information about this or related topics, you can visit my personal injury law blog (www.SCPILaw.com) or our firm's website (www.StevensFirm.com). If I can assist you further, please do not hesitate to contact my office.

Thanks and good luck, Ben Stevens

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Answered on 1/18/08, 4:08 pm


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