James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More

Sorry to hear about your injury. The insurance company is entitled to direct medical care per SC law. Unfortunately, they sometimes choose doctors that are more concerned about sending you back to work than helping you. A second opinion could be a good option, but you need to jump through some... View More

There are many facts that are needed in order to provide you with some clarification. Does your employer have 4 or more employees? This is one of the first hurdles to which we would need an answer. Can you please post more facts??

I would like some additional information. Did you sustain any physical injuries from this accident?

First, if you had an attorney help you with the settlement you should go back to that attorney with this question. Second, be sure you have a copy of the settlement you signed and read it over. It should address what rights you released, and what rights you kept.

In a more general sense,... View More

South Carolina workers compensation is a no fault system. Therefore, the fact that your boss caused your injury does not help or hurt your case. Having had two surgeries already, you need to consult with a South Carolina workers compensation injury attorney ASAP. You are going to be out of work for... View More

In my opinion, they could possibly fire you so long as your work restrictions given by the treating physician were met when you were requested to perform this task. The coronavirus situation does not change the answer legally in my opinion. However, there is probably much more to the situation that... View More

You are not going to like my answer but I believe 100% of it can be garnished for past child support. This is a big exception to the usual practice of no assignments on a worker's compensation settlement. I wish you the best.

Carole

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

I am sorry to hear about your difficulties. You should contact your attorney and have a very frank conversation. Let them know you are concerned about the legal representation you are receiving. Tell them that you are concerned about the amount of the recovery and the affect your injuries have... View More

Delays in medical records can be caused by multiple parties and multiple issues. Usually a delay in medical records comes from an issue with the HIPPA Authorization that was sent by the requesting party. However, other times the third party services who process medical records request for the... View More

That is not completely unusual. Sometimes that does happen. As long as the facts are consistent with regard to what happened, you really should be okay. That is the short answer. I have had that happen many times and when the date is clearly referencing the facts of the accident and it is just... View More

It is important that you let your employer know that you were injured as soon as it happened. This is certainly a case for workers compensation and you will want to contact an attorney that does that work in your area.

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

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... View More

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... 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

Short answer, you need an attorney and I think you probably know that. Your attorney needs to let the adjuster know what the authorized treating physician ordered: surgery. If they want a second opinion, fine, but sending him to PT has not been ordered and could make him worse. If an attorney... 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