Greer, SC asked in Employment Law and Workers' Compensation for South Carolina

Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they followed up my complaint. Around the same time I had a conversation with my HR that I recorded expressing that I felt my health hasn’t changed and that the urgent care says be knowledgeable that I may be released before all my symptoms are known and treated . I also stated that since a plan or a change of something to prevent my symptoms from flaring up I’d like to get further treatment. He replied from my understanding saying that since the urgent care didn’t recommend further treatment it wouldn’t be covered by workers comp. I said ok and I’ll pay out of pocket. While constantly communicating that I’ll be out with a doc excuse they didn’t even allow me to present them and terminated me.

1 Lawyer Answer
Carole Jean Hayes
Carole Jean Hayes
  • Workers' Compensation Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix it." You need to have the proper legal/medical language which will require the testing. Your doctor is going to have to say that in his medical opinion and with a reasonable degree of medical certainty, you now have asthma as a result of exposure to your work place. Regardless of whether you are still employed with them, they are on the hook for the w/c claim. I wish you well.

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