Asked in Workers' Compensation for South Carolina

Q: I am receiving treatment and benefits from a insurance company for workers comp injury. I'm moving out of state.

Will they try to make it impossible for me

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1 Lawyer Answer
Ilene Stacey King
Ilene Stacey King
Answered
  • Workers' Compensation Lawyer
  • COLUMBIA, SC
  • Licensed in South Carolina

A: If you have a South Carolina claim, moving will generally not affect your rights under your claim. You are entitled to continued treatment and benefits. However, logistically, things can become a little complicated. Because the insurance company continues to control your treatment, they will want to find medical providers in your new state who will agree to accept payment in accordance with the South Carolina fee schedule. That could be a little tricky and also take some time. If you are not moving too far away from South Carolina, the insurance company may prefer to pay for your transportation to continue to be treated in South Carolina. That may not be convenient for you but the insurance carrier has that right. If you are receiving weekly benefits things could also get a little tricky if you are returned to light duty. Assuming after you move you will no longer be working for the employer on whose job your were injured, that employer will not have an opportunity to provide you with light duty. The employer may argue that had you still been working for them, they would have been able to provide light duty. The insurance company may then try to stop paying you on the grounds that you are not accepting suitable employment. Other issues from moving out of state could involve having to return to South Carolina for a deposition or a hearing. If you have had a serious injury, you should consider retaining an attorney in South Carolina to represent you before you leave the state so that any issues that arise can be dealt with.

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