Injured in a Car Accident as a Passenger? Here’s What to Do

A passenger who has been injured in a car accident may make a claim against the at-fault driver’s auto liability insurance and recover compensation for their medical bills and other losses. A passenger who was riding with the driver who caused the crash might be reluctant to file a claim against a friend’s insurance. But auto liability insurance is required in Kentucky so that money will be available to pay the medical bills of people injured through no fault of their own.

You need to speak with a knowledgeable personal injury attorney to have a clear understanding of your rights. The Kentucky auto accident attorneys of Morgan, Collins, Yeast & Salyer can help you seek compensation if you have been injured in a motor vehicle accident that was not your fault. Our personal injury attorneys have recovered more than $300 million for people in Kentucky who were injured when other people’s negligence caused preventable harm.

Call Morgan, Collins, Yeast & Salyer at (877) 809-5352 or reach out online as soon as possible after a car accident to set up a free legal consultation. Find out how the legal team known for its Kentucky Courage can help you move forward.

Protect Your Rights as a Passenger Injured in a Car Accident

Immediately after a car accident, there are important steps to take, if you are able, to protect your right to compensation. Among the first steps should be to seek medical attention and speak with a knowledgeable injury lawyer to understand your rights as an injured passenger. As a passenger injured in a car accident, you should get a copy of the accident report and the information exchanged by the motorists involved.

• Contact an attorney. A knowledgeable attorney at Morgan, Collins, Yeast & Salyer can help you understand your rights as a passenger injured in a car accident. We can determine which insurance policies provide coverage for your injuries and other losses.
• Contact police. This is required by Kentucky law if a car accident has caused injury, death, or $500 or more in damage to vehicles and/or other property.
• Get a copy of the accident report. A state trooper or local law enforcement officer should investigate the accident and file a report. Once it has been filed, obtain a copy of the police report. Police will request the names and addresses of the drivers and vehicles’ owners, vehicles’ registration numbers, insurance information, and names and contact information for passengers in each car. You should get this information.
• See a doctor. If you do not go to the hospital by ambulance from the accident scene, you should see a doctor within 24 hours for a medical evaluation. There are serious traumatic injuries that don’t always cause symptoms right away, including potentially deadly head injuries. Records of your medical care will document the fact that you were injured in the car accident and not by something else later.
• File an insurance claim. File for your medical expenses and other benefits you are due under health insurance or, if you are a car owner, under basic reparations coverage, which auto liability policies sold in Kentucky must include. Basic reparations coverage, sometimes called personal injury protection, is no-fault insurance that pays the policyholder for their medical expenses, a portion of their lost income, and more. The personal injury protection policy of the owner of the car in which you were a passenger also may provide coverage of your medical bills.

Our attorneys at Morgan, Collins, Yeast & Salyer can review the specific details of your car accident and determine the insurance coverages that apply to you as an injured passenger.

Car Accident Involving Uber or Lyft? Here’s What to Know

If you were injured while in a rideshare vehicle (Uber, Lyft, etc.), then you may need to make a claim with the at-fault driver’s auto insurance coverage before involving Lyft or Uber in the claims process.

If the at-fault driver works for Lyft or Uber, you must first make a claim with their auto insurance carrier. If their coverage does not pay for all of your compensable losses, you can then file a claim with Uber or Lyft directly.

If the driver at fault for an accident was in a separate vehicle, you must file a claim against their insurance.

Our attorneys can review the specific details of your accident and identify the insurance policies that apply to you as an injured passenger in a rideshare vehicle.

Can Auto Insurers Claim the Passenger in a Car Accident Was At Fault?

It sounds implausible, but an insurance company might argue a passenger was at fault for an accident and their own injuries if the passenger:

• Took control of the vehicle, such as by grabbing the steering wheel
• Rode with a driver who the passenger knew or should have known was impaired by alcohol, drugs
• Distracted the driver
• Physically obstructed the driver, such as by grabbing their arm, covering their eyes, or injuring the driver.

Schedule a Free Case Review with Our Experienced Car Accident Attorneys

Call a Kentucky car accident lawyer at Morgan, Collins, Yeast & Salyer as soon as you are able if you have been injured while riding in someone else’s car. During the initial consultation, we’ll tell you how we see your car accident claim and how we can help you pursue full compensation for your losses as a passenger in a car accident. If we can move forward, we will handle your claim on a contingency basis. We won’t charge a fee unless we recover money for you.

We have offices in Lexington, Somerset, Hazard, London, Manchester, Princeton, Paintsville, and Paducah and take cases from across Kentucky. At Morgan, Collins, Yeast & Salyer, we’ll provide the Kentucky Courage you need to stand up to insurers and get through this tough time.

Contact a Kentucky car accident lawyer ready to help you now at (877) 809-6889 or online.

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Bodily Injury Liability in Kentucky

Kentucky requires owners of motor vehicles registered in the Commonwealth to carry auto liability insurance coverage on their vehicles.

Generally speaking, car owners must maintain liability coverage of at least the following amounts:

• $25,000 for bodily injury damages sustained by any one person and not less than,
• $50,000 for bodily injury damages sustained by all persons as a result of a single accident.

Liability insurance pays out if the policyholder is responsible for someone else’s injuries in a car accident. As car accident attorneys in Lexington, KY, Morgan, Collins, Yeast & Salyer helps Kentuckians who have been injured in accidents collect insurance payments they need to recover from serious injuries. Our team is proud to have recovered over $300 million for our fellow Kentuckians who were struggling to overcome serious injuries. We want to help you, too, if you’ve been injured by another driver’s negligence.

Reach out to Morgan, Collins, Yeast & Salyer today if you have been seriously injured in a car accident caused by someone else in Lexington. We’ll review your accident and explain your legal options in a free initial consultation.

What Is Bodily Injury Liability, and How Does It Protect You?

Bodily injury liability insurance should pay when the policyholder causes a wreck and is responsible for another party’s injuries. 

However, insurance companies will try to settle a claim for the lowest amount possible. You need an experienced attorney with Kentucky Courage to stand up to the insurer and hold them fully accountable to you.

Coverage Overview: What Does Bodily Injury Liability Cover?

Bodily injury coverage can be used for more than medical bills. It may also be used to cover the following:

• Lost wages: If the injured person was unable to work while recovering, the at-fault driver’s bodily injury liability coverage would pay to make up the income they lost.
• Funeral costs: In a fatal crash, liability coverage would pay for funeral and burial costs instead of or in addition to medical bills.

How Much Bodily Injury Liability Insurance Do You Need?

Kentucky, like most states, requires a minimum amount of liability coverage, known as a 25/50/25 policy. This provides up to $25,000 for one person’s bodily injuries in a crash and up to $50,000 for all bodily injuries suffered in a single crash (and up to $25,000 for property damage suffered). You can be fined up to $1,000 and be sentenced to jail for not maintaining the auto liability insurance coverage required in Kentucky.

You can always buy additional coverage. Insurance brokers suggest that you should buy coverage that matches the value of your assets or your net worth. A lawsuit could seek compensation beyond what your car insurance pays if the injured party suffered catastrophic injuries that were your fault.

Average Cost of Bodily Injury Liability Coverage

The cost of bodily injury liability coverage depends on a variety of factors, including where you live, your driving history, how much coverage you purchase, the make, model, and year of the car you own, and other factors.

Bodily Injury Liability Coverage Limits Explained: Per-Person vs. Per-Accident

Bodily injury liability coverage limits are always quoted as per person and per accident. In a $25,000/$50,000 policy, this means that one person hurt in an accident could claim up to $25,000 for their bodily injuries and lost income, and if multiple people are injured in one accident, there is $50,000 available for all those covered.

If two people were injured in an accident, they could each access as much as $25,000. But if three people were injured, they still have up to $50,000 to draw from, which, if divided evenly, would be only $16,666 each.

Bodily Injury Liability vs. Property Damage Liability Coverage: What’s the Difference?

The second component of auto liability coverage is property damage coverage. Because it is liability coverage, it pays for damage the at-fault driver causes another motorist.

In most cases, auto liability property damage coverage pays to repair or replace a damaged motor vehicle. It can be used for any kind of property damage, such as to a bicycle or for a fence or landscaping destroyed in a car accident. If you had tools and equipment in your car that you used in your job that were destroyed in an accident, the at-fault driver’s property damage coverage should pay for you to replace them.

Schedule A Free Case Review with Our Experienced Lexington Personal Injury Attorneys

If you have been seriously injured by another motorist while driving, let us help you demand the compensation you deserve from their auto liability insurance and/or other assets.

Contact Morgan, Collins, Yeast & Salyer to set up your free consultation. Find out how Kentucky Courage can help you get what you are due.

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The Role of Negligence in Personal Injury Cases

Most personal injury claims are based on the concept that an individual or business failed to fulfill its duties to another individual as a result of carelessness, neglect, or disregard for safety. Negligence may be defined as the failure to act with the level of care that a reasonably prudent person would have exercised under similar circumstances.

Generally, a party whose negligence has led to another’s injury may be held financially responsible for the injured party’s losses. The injured person may sue the negligent party and demand compensation for the costs and losses associated with the injury.

If you have been injured as a result of another’s negligence, turn to the Kentucky personal injury lawyers at Morgan, Collins, Yeast & Salyer to help you with an injury claim. We will focus on how your injury occurred and who may be financially responsible. If we believe you have a valid personal injury claim, we will proudly represent you. Our goal will be to help you seek maximum compensation. We won’t charge you a legal fee unless we are successful.

Four Elements of Negligence in Personal Injury Cases

For a defendant to be held liable in a personal injury case, the injured party must establish certain things. An experienced Kentucky Courage personal injury attorney can seek evidence on your behalf to develop a strong case for compensation. The four elements of negligence, which our attorneys will work to establish, are:

• Duty of Care. In general, we all owe a duty of care to one another and to refrain from actions that could harm others. In a personal injury claim, the duty of care is often established through some relationship between the two parties:
  • A driver has a duty to obey traffic and safety rules to ensure they do not endanger others on the road. If a driver runs a red light and causes a crash with another vehicle, the driver has failed to fulfill the legal obligation to obey traffic laws and drive safely.
  • The owner/manager of a store, theater, park, or apartment complex has a legal duty to ensure the premises are safe for customers and lawful visitors and to warn adequately of any hazards they cannot readily remove.
  • A doctor, nurse, or other medical care provider has the duty to provide patients with a standard of care equivalent to what another reasonable healthcare worker would provide in the same situation.
  • An adult who is supervising children has an obligation to step in as necessary to stop them from being harmed.
• Breach of duty. In most cases, the facts establish the relationship between the injured person and the defendant. The first contested point is usually whether the defendant neglected to act as a reasonable person would have been expected to act in similar circumstances and thereby violated their duty of care. A plaintiff would present evidence that:
  • A driver talked on their cell phone and texted friends while behind the wheel, neglecting distracted driving laws and endangering others on the road.
  • A store owner failed to promptly clean up a spill or post a wet floor sign, thereby neglecting a slip-and-fall hazard.
  • A doctor failed to communicate the results of diagnostic tests and thereby allowed a patient’s cancer to spread undetected and become more difficult to control.
  • A day camp director neglected to hire a qualified lifeguard to supervise pre-teen campers’ afternoon swimming sessions
• Causation. The plaintiff must show that the defendant’s negligence was the cause of the injury. This means it was the cause of injury that would likely not have happened otherwise. For example:
  • The plaintiff suffered a traumatic brain injury when she slipped and fell in juice spilled in a grocery store aisle, and records show the spill occurred 90 minutes prior to the accident – time enough to have cleaned it up.
  • The defendant’s cell phone records and other evidence show the driver was texting when they ran a red light and hit the plaintiff, who was walking in a crosswalk.
  • A young day camper among a group of 12 drowned during a swimming session with no lifeguard present.

  Causation must be foreseeable. A civil court jury will look at the foreseeability of the particular accident. It’s foreseeable that someone could slip and fall if a spilled liquid is left on a grocery store floor. It’s foreseeable that if a driver disregards a red light and runs through the intersection, the careless driver may collide with another vehicle that has the right of way to enter the intersection.

• Compensability. The plaintiff must show that the injury they suffered can be made better with compensation. An injured plaintiff can seek compensation for medical expenses, funeral and burial expenses in a loved one’s death, lost income, property damage, and pain and suffering.

When a personal injury claim results in compensation, Kentucky law follows a doctrine of pure comparative negligence. A jury award can be reduced if the injured person was partly negligent and this contributed to their injury. The award will be reduced according to the share of blame the jury assigns them, but a plaintiff in Kentucky may recover some compensation as long as they were not 100% at fault for their accident or injuries.

Contact Our KY Personal Injury Attorneys

The challenge in a personal injury claim is proving negligence on the part of the individual or institution responsible for the accident. Establishing negligence is a complicated process. You will need an experienced lawyer to have the best chance of a positive outcome. The lawyers of Morgan, Collins, Yeast & Salyer know what to look for and how to find the evidence to develop a successful personal injury claim. We can bring experience and investigative resources to a case that most accident victims don’t have.

Don’t try to deal with insurance adjusters whose job is to pay you as little as possible for a claim. Our attorneys have the Kentucky Courage to stand up to big insurance companies and seek justice for you. Let our experienced team of Kentucky personal injury lawyers put together a strong case and demand the money you need. Call us at (877) 809-5352 today for a free consultation, or reach out online for the help you need.

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I Was A Passenger In A Car Accident. What Happens Next?

If you are injured as a passenger in a car accident, you may have questions about what to do next, who to contact, and who should be responsible for your medical bills.

The first step you should take after any car accident is to seek medical attention. If you are injured, then you need treatment and should follow the doctor’s orders and keep follow-up appointments. After starting treatment, you should have an experienced Lexington car accident attorney review the crash report and explain your rights as a passenger injured in an auto accident.

Uncover the Truth: How to Determine the At-Fault Driver for Your Injury Claim

You may wonder how to pursue compensation if you have been injured as a passenger in a car accident. Your lawyer can determine who was at fault by reviewing the police report, examining any photos or traffic camera video of the accident scene, and taking statements from witnesses to the accident. Our lawyers at Morgan, Collins, Yeast & Salyer have extensive experience determining fault in car accidents and helping injured passengers demand full compensation for their injuries.  Call our law firm first before attempting to deal with insurance companies. We will stand up for your rights as a passenger injured in a car crash.

If the driver of the car in which you were a passenger has Personal Injury Protection (PIP) insurance, that policy should be available to cover the costs of your medical bills up to the limits of the policy. A PIP policy typically provides $10,000 per person for medical expenses and lost wages to the driver and passengers in a vehicle, regardless of fault in an accident. Your attorney can file a claim on your behalf against the driver’s PIP policy.

If the other driver is found to be liable for the accident and your injuries meet certain thresholds of seriousness, our law firm can submit a passenger car accident claim on your behalf with the at-fault driver’s auto insurance company. If the insurance company declines to pay the claim or refuses to agree to a fair settlement, we can file a lawsuit on your behalf against the at-fault driver.

Additional Insurance Options

Passengers injured in an accident may use their own underinsured motorists’ coverage if the other parties’ coverage is insufficient. They may also submit their medical expenses to their healthcare insurance provider.

How Our Lawyers Can Help You with Your Case

If you are a passenger in a car accident and have suffered an injury, let the experienced passenger injury attorneys of Morgan, Collins, Yeast & Salyer review the facts of your case, determine liability for your injuries, and ensure your rights are protected. Our attorneys are experienced in handling injury claims and are known for their Kentucky Courage in standing up to big insurance companies. We will advocate on your behalf for maximum compensation for you.

Schedule a Free Case Review with Our Experienced Car Accident Attorneys

At Morgan, Collins, Yeast & Salyer, we understand how stressful these situations can be, and we can help. Our lawyers are committed to fighting for those injured by the negligence of others. We are proud to help our fellow Kentuckians pursue justice after serious car accidents. Contact us today for a free case review with one of our experienced car accident attorneys.

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$1.1 Million Verdict Secured by Morgan, Collins, Yeast & Salyer in Nursing Home Negligence Case

Attorney Bruce Bentley of Morgan, Collins, Yeast & Salyer won a $1.16 million verdict for the widow and estate of a man who suffered serious fall injuries due to negligent care at a Corbin, Kentucky nursing home.

A Laurel County jury found the Hillcrest Health and Rehabilitation Center was negligent in its care of the 86-year-old man who had been admitted for rehabilitation after suffering a stroke. A lack of proper supervision allowed the man to fall multiple times, eventually causing him to sustain fractures to his leg and foot and suffer agonizing pain.

After a five-day civil trial in Laurel County Circuit Court, the jury awarded $465,000 in compensatory damages and $700,000 in punitive damages to the widow and estate of the man for the harm they suffered.

Our Kentucky Courage attorneys are ready to stand up for your family if your loved one has been harmed due to nursing home negligence.

Attorney Bruce Bentley said the verdict showed that the jury recognized that the nursing home failed to keep its promise to deliver safe and appropriate care and had not provided adequate training and supervision of its staff.

“Nursing homes provide services to the most vulnerable people in society,” Bentley said. “They are well compensated for what they do. They need to do their job.”

“The verdict shows that folks in Laurel County recognize that people are entitled to be compensated when they aren’t treated properly,” he said.

The man suffered two falls in November 2014, the month after being admitted to the facility. The following February, he suffered a third fall while trying to get out of a wheelchair, causing multiple fractures to his leg and foot.

“He was supposed to be in a well-populated area any time he was out of bed,” Bentley said. “There were a number of occasions where the nursing staff would leave him unattended in his wheelchair. He was unsupervised in his room when the third fall occurred.”

The bone fractures were not detected initially because the nursing home sent the man to the hospital for examination of his hip after the fall. Two days later, he was in agony in the nursing home with untreated broken bones. He was sent him back to the hospital, where the bone fractures were diagnosed.

“It’s a great deal of relief that I was able to get these folks a really good result showing that their concerns for their dad and mom were justified and there is some accountability for what happened,” Bentley said.

The personal injury attorneys at Morgan, Collins, Yeast & Salyer stand up for Kentuckians and their families who have been harmed due to the negligence of others. If you have a loved one who has suffered mistreatment at a nursing home, contact Morgan, Collins, Yeast & Salyer to discuss the situation and learn how we can help you demand justice. Our attorneys have the Kentucky Courage to stand up for what is right.

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How To Prove a Back Injury At Work For Compensation

Back injuries are among the most common workplace injuries in Kentucky. Painful back injuries are often caused by work-related wear and tear on muscles, spinal discs, and other soft tissue in the lower back.

If you have suffered a wear and tear injury at work that prevents you from performing your job duties, you may qualify for workers’ compensation benefits. But wear and tear claims are complicated to pursue. You need a knowledgeable lawyer’s help. Because back pain cannot always be depicted with a diagnostic test, many employers will dispute workers’ compensation claims for work-related wear and tear injuries. You need to speak with an experienced workers’ compensation attorney right away if you have a wear and tear claim.

At Morgan, Collins, Yeast & Salyer, we help injured workers with workers’ compensation claims involving wear-and-tear injuries and other serious injuries. Our experienced back injury workers’ comp lawyers are ready to guide you through the Kentucky workers’ compensation system. It takes Kentucky Courage to stand up to an insurance company and fight for just compensation. Our attorneys are known for the Kentucky Courage they bring to each case.

If you have a workers’ comp claim for a wear-and-tear back injury caused by your job duties, contact a Kentucky workers’ compensation attorney today. Schedule a free consultation about seeking the full benefits available by Kentucky law.

What Is a Wear and Tear Injury?

Wear and tear on tendons, muscles, and sensitive nerve tissue caused by repetitive use over an extended period of time can lead to a variety of injuries. These are typically painful sprain and strain injuries of the musculoskeletal system, including joints, muscles, tendons, ligaments, spinal discs, nerves, and blood vessels.

Wear-and-tear injuries are also known as repetitive strain injuries, repetitive motion injuries, cumulative trauma injuries, and work-related musculoskeletal disorders.

Lower back strains and sprains are the most common causes of low back pain. A back injury can cause debilitating loss of flexibility or mobility in some cases. Muscle strains and sprains in the lumbar region are common because the lower back supports the weight of the upper body and is involved in moving, twisting, bending, and lifting.

How Do Back Injuries at Work Occur?

Common workplace back injuries include lower back strains, herniated discs, and pinched nerves.

The two most common factors that contribute to back pain are:

• Force, such as exerting too much force with your back by lifting and/or moving heavy objects.
• Repetition, such as repeating certain movements, which can lead to muscle fatigue or injury.

Undue force and repeated stress on the back can lead to wear-and-tear injuries. Wear and tear is often a factor in jobs that require:

• Heavy lifting
• Repeated lifting, carrying, and pulling
• Bending over desks or other equipment
• Working with heavy machinery
• Standing or walking for entire shifts

Workplace back injuries are also caused by trauma suffered in accidents, such as:

• Slips, trips, and falls
• Falls from roofs, ladders, and elevated platforms
• Scaffolding collapse
• Vehicle accidents
• Being struck by a falling or flying object
• Being thrown by the impact of an explosion

How Can You Prove a Back Injury Is a Result of Wear and Tear?

If your back injury happened gradually because of your job and work conditions, you may have a wear and tear claim and be entitled to workers’ compensation. These can be challenging claims to pursue. Our experienced lawyers know the types of evidence needed to develop your wear and tear claim.

You will need evidence that the degenerative changes to your back are more than would be expected through the normal aging process and that they were caused by your job duties or work conditions.

Our Kentucky Courage attorneys can help you seek a second medical opinion if needed to supplement your medical record regarding the conditions of your job that have contributed to your back pain. The goal is to show that the excessive wear and term to your back occurred as a result of your work or the workplace conditions, leading to back pain.

Workers’ comp benefits include payment of your medical expenses, a portion of lost wages, and disability payments if you cannot return to work. Workers’ compensation insurance provides coverage to injured employees without having to prove that anyone was at fault for causing the injury.

In exchange for businesses purchasing workers’ compensation insurance, Kentucky’s workers’ compensation statutes bar injured workers from suing their employer for a work-related injury, even if their injury was caused by the employer’s negligence.

Kentucky workers’ compensation law says in part, “Injury is defined as any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause of harm evidenced by objective medical findings.”

To prove a back injury caused by cumulative trauma and obtain workers’ comp benefits, you should:

• Contact a Kentucky workers’ compensation lawyer. The Kentucky Labor Cabinet, which administers KY workers’ compensation, says on its own website: “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.”
• Tell your supervisor and/or employer about your back pain. Report any specific work duties that cause or increase your pain or loss of mobility.
• Get a medical exam. Be sure to tell the doctor about work duties that affect your back, such as lifting, carrying, bending, or stretching. Ask the doctor to put any instructions about limiting work duties in writing.
• Report back to your employer any medical diagnosis or doctor’s orders regarding work. Notify your employer in writing if you have been told not to return to work because of a work-related back condition.

Injured By Your Job’s Wear and Tear in Kentucky? We Can Help

A back injury at work caused by wear and tear should qualify for benefits from the Kentucky workers’ compensation system. But the insurance companies often dispute wear and tear claims. You need to call the Kentucky workers’ comp attorneys of Morgan, Collins, Yeast & Salyer will help you seek the maximum compensation available. Our attorneys are known for their courage in standing up for injured Kentuckians against big insurance companies.

Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation and put Kentucky Courage behind your workers’ compensation claim.

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What Is Workers’ Comp Mediation?

All disputed workers’ compensation claims in South Carolina may be referred for mediation, if the parties agree, in hopes of avoiding the need for a formal hearing. Some complex claims or claims for permanent and total disability must go to mediation. Because workers’ comp claims are for monetary benefits and sometimes for future medical treatment, it is always better to have legal representation when discussing a disputed claim.

The attorneys at Joye Law Firm can help you pursue all of the benefits you are due in a South Carolina workers’ compensation claim, including representing you during mediation. Our South Carolina workers’ compensation lawyers have stood up for injured workers for more than 50 years. We are ready to fight for you, too.

Call us now at 888-324-3100 or fill out this online form for a no-obligation, confidential review of your claim.

What Is Workers’ Compensation Mediation?

During mediation, a neutral mediator helps all sides explore ways to resolve the conflict by using specialized communication and negotiation techniques. Mediators are trained and certified by the South Carolina Bar.

In a dispute over a South Carolina workers’ compensation claim, mediation allows the opposing sides to meet and discuss their differences informally and look for a resolution before the matter is set for a hearing. Mediation is a meeting between the injured worker who is seeking workers’ comp benefits, a representative of the employer and their attorney, and a certified mediator.

The employer’s representative is required by law to have an attorney present during mediation of a workers’ comp claim. The injured worker is not required to have an attorney present but may have representation.  Because the employer will always be represented by an experienced workers’ comp defense attorney, it is extremely important that the worker be represented to protect his or her own interests.

What Is Involved in the Mediation Process?

Workers’ compensation claims are sent to mediation to provide an opportunity for the parties involved to achieve an efficient resolution of disputed issues in the claim. The hope is that mediation can resolve disputes without the necessity of a formal hearing, which saves the time and expense of preparing for a hearing.  It also removes the uncertainty of a decision by a workers compensation Commission.  It is impossible to predict what an individual Commissioner may decide in any particular case.

If you are employed and have been injured while on the job or become ill because of workplace conditions, you may file for workers’ compensation. Benefits include all medical expenses and a weekly check representing a portion of the amount of wages you were earning as you recover.

In cases of fatal workplace injuries, workers’ comp pays benefits to dependent family members.

If your employer or their workers’ comp insurer denies your claim, your case file will go to a Workers’ Compensation Commissioner. The Commissioner may hold a hearing and decide whether you are due benefits.

Before scheduling a hearing, a Workers’ Compensation Commissioner may order any claim to mediation. The two parties to a claim – employee and employer – also may request mediation.

Mediation must be completed within 60 days of the mediation order unless otherwise agreed to by the parties.

The parties share the cost of mediation unless otherwise agreed by the parties or as otherwise ordered by the S.C. Workers’ Compensation Commission.

What Happens at a Workers’ Comp Mediation Session?

The mediation is typically held at the injured worker’s attorneys’ office.  During mediation of a workers’ compensation claim, the mediator initially meets with all parties to initially discuss their respective positions. The parties then separate into different rooms, and the mediator meets with each side individually to relay information, offers and demands from one side to the other. Each side may present evidence, such as medical records, to support their suggestions for what should be done. Typically, emails are sent to the mediator from each side stating their positions and the basics of the claim.

All communications and information exchanged is confidential and cannot be disclosed outside of the mediation, even if the mediation is unsuccessful.

If the claim is resolved, all parties sign a mediation settlement agreement, setting out all the terms of the settlement. The mediator notifies the SC Workers Compensation Commission whether the claim has settled or if the parties cannot reach an agreement.

The best settlement option for your claim will depend on the facts of your case and whether you are likely to need future medical care for a work-related injury or occupational illness.

Contact Our Workers’ Comp Lawyers

If you have a workers’ compensation claim in South Carolina that is being disputed and is headed to mediation, contact our South Carolina workers’ compensation attorneys at Joye Law Firm for help. We help injured workers seek full workers’ comp benefits so they can rebuild their lives.

Call us for a free review of your workers’ compensation claim or use our online case evaluation form. Joye Law Firm has offices with workers’ compensation attorneys in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach and represents injured workers throughout South Carolina. If you can’t come to us, we’ll come to you.

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