No. You are unlikely to be paid workers comp benefits for calling in sick due to pain. You are entitled to be paid weekly benefits under SC workers' comp only if a doctor writes you completely out of work or places you at light duty and your employer fails to provide work within your...View More
Broke finger and tore tendon that required surgery. I being out of work since Sep 13(Doctors orders) I was told my checks should arrive on the same day as my usual payroll but it has not been the case....currently going on almost 2 weeks since I received my last check.
There is no requirement that the check arrive on the same day as usual payroll and, although workers comp checks are supposed to be paid on a regular basis, there are many reasons why checks can get behind. Once payment starts, checks usually are processed on the same day of the week...View More
Went into the boards hard and graphic during my hockey game, tore my tfcc severely. Played on it for 6 more games, incident happened Jan 18 and I wasn't given an MRI until a week later, "just tape it up kid," type thing. MRI showed a severe tear. Surgery Feb 8th. Filed a workers comp... View More
From your question, I assume playing hockey is your job. That would have to be true for you to have a workers' comp claim for your injury. If you have a workers' comp claim (in other words, if you were injured while working) then workers' comp would be your only remedy. You would...View More
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to...View More
My husband tore his right maniscus on the job 12/5/18. WCI has been very slow processing his claims. It took 3+ weeks to get an MRI to find the tear. We went to the doctor that WCI said we had to go. The dr stated that he needed surgery to repair the damage. Yesterday, 1/16/19, WCI stated that... View More
Your husband needs an experienced workers' compensation lawyer to force the insurance company to do what they are supposed to do. If the authorized physician recommends surgery, the insurance company has to provide the surgery. If they refuse, a lawyer would request a hearing to have a...View More
In general, the workers' comp insurance carrier will only pay for treatment that they or the employer authorize. It's not a question of papers being filed but of approval before your go. There is an exception for true emergency treatment. If you don't get approval ahead of time,...View More
Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are...View More
Needed surgery to remove pins but pins was already removed. Can I still get a second mmi rating. I feel like my wrist is injured more then 14% I barely have motion in wrist and I can’t lift over 10 pounds without hand shaking . And the workers comp doctor put me at a full restriction
Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours....View More
You are not required to have a lawyer but if you have more than a minor injury you will very probably benefit from having representation. Some things to be considered are whether the claim is admitted or denied, the complexity of the legal issues involved, and the nature and extent of the injury,...View More
My doctor said it was ok for me to continue my other job but was put on light duty. I had surgery a year later then that's when I started to receive workers comp checks because I couldn't work my job that I didn't get hurt at. Am I supposed to get compensated for both jobs while out... View More
If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty...View More
I tore my rotator cuff on the job. Was put on light duty for a year before I had to have surgery. When I went for surgery the doctor didn't repair the tear but shaved my bone. I am still out of work and was receiving workers comp checks. But now I didn't receive a check for the week. Is... View More
It is very unlikely your checks have been stopped. After 150 days from a reported injury, the insurance company is not permitted to stop your check unless you agree on a written form (Form 17) or they get permission from the Workers' Compensation Commission at a hearing which they have to...View More
By closed, do you mean he has settled his claim? Does he have a lawyer? If he has settled his claim, his options may depend on how the claim was settled. Depending on the circumstances, there may not be much else he can do except apply for social security disability. If he has not settled his...View More
If you had a work injury in South Carolina and benefits or medical treatment has stopped, you need to speak with an experienced South Carolina workers compensation lawyer as soon as possible. If you already have a lawyer, discuss the situation with your lawyer. If you do not yet have a lawyer, a...View More
It sounds like you have a North Carolina case. Moving to South Carolina does not change that you were hurt in North Carolina. Unless your company is located in South Carolina or you were hired in South Carolina, you do not have the option of a South Carolina claim. And, it sounds like you have...View More
I’m a homeowner trying to have a shed built. Anyone I’ve interviewed does not carry workman’s comp insurance. I believe if an employer has more than 4 employees they must carry workman’s comp but in reality that is not often. Can a company I hire to build a shed be classified as an... View More
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you...View More
This is posted as a South Carolina workers' compensation question, however, it indicates the question came from Coral Gables, Florida. If you were hurt in South Carolina, yes, you may have a South Carolina workers' compensation claim. If you were hurt in Florida, you need to ask your...View More
Generally, an employer in South Carolina with 4 or more employees is required to have workers' compensation coverage. An employer who is required to have coverage can not make an employee waive his/her right to worker's compensation coverage. Giving you a piece of paper that says they...View More
You are free to find a different job. Sometimes, there are situations where it is best not to change jobs while a workers' comp claim is pending, but after your case closes, there are no reasons to not look for a new job. Good luck in your job search!
I work for Fedex and got hurt. My boss told me I wouldn’t ha e my route back when I returned and that makes me not want too. Before I got hurt I also told my supervisor that I was going to become part time in the future. With him knowing this I formation I believe it won’t hurt my claim when I... View More
The answer to this question is very fact specific. You've given a good bit of information but there are more details necessary to provide an answer. If you have a lawyer, you should discuss this with your lawyer. If you are not represented, you should consult with an experienced South...View More
I tore my meniscus last year and had surgery. I received workers compensation during my time out of work while I healed/rehab. I returned to work and was working full time for 9-10 months. I had complications and needed a second surgery this year to clean up some more torn meniscus. I am out again... View More
Generally, workers' compensation benefits in South Carolina are based on the rate of pay at the time of the injury. The rate is not adjusted for later salary changes. If your future surgery is part of the original claim, the adjuster is correct - your rate is the same as it was when you first...View More
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