New Bern, NC asked in Workers' Compensation for South Carolina

Q: My husband hurt his back on the job in August of 2016. He was released from doctor in May 2017 but still having issues.

He had a review in front of a commissioner in September 2017 which suggest to him to have another evaluation by an orthopedic doctor which was in the room maybe 5 or 10 minutes and said he was fine. the set up another review with another commissioner over the phone. He felt like he had go agree over the phone but we have never signed any paper for a settle because he is still having back issues. He decided to make himself an appoint with a doctor himself because workers comp stated they were not going to do anything else. this doctor says my Husband needs surgery or will always have the problems he has. This doctor we will have to pay out of own pocket. we don"t know what to do next. My husband has tried to work with them every way without getting lawyers involved but it seems he is not getting treated fairly.

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

A: You really do need to get an attorney. Whatever money you have been offered by insurance company will be yours without an attorney fee. The attorney is entitled to 1/3 of anything over and above what you have already been offered. So, that having been said, why don't you just call one of us on AVVO and talk to us because if he is still having problems with his back, there are certain considerations that must be addressed. Is he really at maximum medical improvement? Does he need a second opinion? Have you addressed future medical needs? There are a lot of other equally important considerations. Do you have all of his limitations and restrictions reduced to writing by his physician? In short, I do believe that his case is deserving of proper legal representation. I do wish him a good recovery.

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

A: Your husband is going to need a lawyer to get the best outcome on his claim. It sounds like there is a serious issue regarding the need for more treatment as surgery has been recommended but there are differing opinions. He is right to be cautious about settling at this time. The carrier may have to provide the surgery before the claim settles. Future medical needs should be considered in any settlement. As attorneys, we know how to help you get the evidence you need for the best outcome. Your husband should start with a free consultation and find someone he is comfortable with.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.