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How You Can Get More Workers' Comp Benefits for Severe Injuries, Even if it's Not a Total Disability Case

Folks with severe job injuries can qualify for the most  South Carolina workers' comp benefits if they prove they're totally disabled under workers' comp law. But not every seriously injured employee can do that, even when they suffer serious spinal injuries like herniated lumbar or cervical spinal disks.  Still, there may be another option that gives you significant benefits- IF you can prove it, which won't be easy and will be contested by the insurance company, which wants to keep its money instead of giving it to you. In this brief video, South Carolina workers comp attorney Rob Usry describes what you've got to prove to qualify for wage loss benefits.

Hey folks, we're talking about how you qualify for wage loss benefits in South Carolina workers’ comp cases. Not all seriously injured employees can qualify for maximum benefits called total disability. But, there is another option, it’s called wage loss if you can prove your right to qualify for it. Basically, you've got to prove two things which aren't easy number one you sustained permanent injury to more than one body part, and number two those injuries keep you from ever earning the same income again. Proving you've hurt more than one body part can be a real challenge that's because the law defines what body parts are. An injury that breaks two bones in your leg, let's say, will almost always be defined as a single body part, your leg. Often what you got to prove is a primary injury affects or impairs another body part.

Take a herniated lumbar spinal disc that's a back injury. But it can cause radiculopathy that creates pain, numbness, tingling, and weakness in one or both legs. So in that situation you've got a primary injury in your back that creates an impairment in your leg or legs, that's more than one body part.

Now you got to prove those injuries keep you from earning the same income in a lot of work you're qualified for. That usually requires a vocational evaluator. Vocational evaluators are experts we hire who investigate your job skills and the impact your injuries have on them. Then they develop a report researching the types of jobs you qualify for and how much money you can expect to earn now. This is hard. Do you really know how to use medical evidence to prove you've injured more than one body part? Do you know how to find a reputable vocational evaluator? it's all made worse by the fact the insurance company is gonna fight you even harder because you are asking them to pay expensive benefits instead of keep that money as profits.

It's a complicated case you need professional help to simplify it for you. that's where we can come in. if you've got questions about your workers comp case feel free to fill out a get help now form on our website or just call to set up a free strategy session. I thank you for thinking about this with me and I hope I see you see soon.

Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a criminal defense attorney.