North Carolina and South Carolina Workers’ Compensation Attorney
Workplace accidents can cause many different types of injuries, depending on the industry. Workers’ compensation laws protect workers from on-the-job accidents by providing benefits to worker who have been injured. Sometimes, accidents can permanently damage an employee by scars and disfigurement and the workers’ compensation laws must provide benefits.
Attorney Brian Steed Tatum is familiar with the complex workers’ compensation statutes in North Carolina and South Carolina. His expertise will be put to use on your claim to provide guidance and counsel.
Workers’ Compensation Benefits for Scarring and Permanent Disfigurement
In North Carolina, the NC Industrial Commission administers the Workers’ Compensation Act. When an employer and an employee cannot agree on the severity of scarring or disfigurement or when they cannot decide on the compensation, the NC Industrial Commission steps in and determines the significance of the disfigurement to resolve those disagreements. North Carolina, however, limits disfigurement awards. For facial disfigurement, the maximum recovery is $20,000 and for bodily disfigurement the maximum recovery is $10,000.
Not all scarring or disfigurement is compensable in North Carolina. If the disfigurement is due to the loss of the use of a body part, the injured employee can recover for the loss of the body part rather than for any scarring or disfigurement. However, North Carolina courts have ruled that to be awarded benefits for disfigurement, an injured worker must show that the disfigurement is marked and impairs earning potential.
In South Carolina, the Workers’ Compensation Commission administers the Workers’ Compensation Act. In order for an injured worker in South Carolina to receive benefits for disfigurement, the disfigurement must be serious, permanent, and in an area normally exposed in employment. The amount of recovery for disfigurement in South Carolina is 66% and one-third of the employee’s average weekly wages for a maximum of 50 weeks.
Injured workers in South Carolina cannot receive disfigurement benefits and loss of a body part benefits unless the scar is a burn scar or a keloid scar. But even in these cases, the Workers’ Compensation Commission does not generally award disfigurement benefits for burn scars until one year from the date of the accident.
Consult a Workers’ Compensation Attorney
Workers’ compensation laws vary by state. So it is important to have an experienced attorney on your side to help fight for your rights as an injured worker.
At the Tatum Law Firm, we know how difficult it is to recover from a life-altering accident that occurred at work. We will put our knowledge and experience to work for you. Attorney Brian Steed Tatum knows the questions to ask and the procedures that need to be followed in order to get you the maximum compensation you deserve.
If you or a loved one has been injured at work and now have permanent scarring or disfigurement, please contact our office at (704) 307-4350 or online for a free case evaluation.