Harlingen, TX asked in Workers' Compensation for South Carolina

Q: Hello my father messed his knee really bad and is needing surgery under workers comp.

Unfortunately he works in south carolina alone and is wanting to get the surgery here, or have someone help do daily task at his home in south Carolina. He prefers treatment down here in texas as he can be with family and not alone during his time of need. Is there anything we can do?

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2 Lawyer Answers
Carole Jean Hayes
Carole Jean Hayes
Answered
  • Workers' Compensation Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: You do have options. He can get his treatment in Texas, it just has to be addressed with the adjuster or opposing counsel. Really should speak to one of us on Justia so we can explain your options.

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

A: This is something that can be requested. In South Carolina, the employer/workers' compensation insurance company controls the treatment, which includes the location of treatment. One of the issues for the insurance carrier may be whether an out of state medical provider will accept payment under the South Carolina fee schedule, but generally, your father should be able to get treatment wherever he chooses to reside. If he moves or returns to Texas, he should be able to be treated there, unless the insurance company decides to pay for transportation to and from South Carolina - highly unlikely. Your father might want to consider having representation on a claim like this. A free consultation is a good way to start to discuss options.

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