After settlement I was cleared to return to work, however the infection returned and I as forced to fight the infection w more surgeries/toe amputations that carried me well passed the 2 year limitations and finally lost my leg. Can I re open even though my medical battle went well passed the... Read more »

answered on Sep 20, 2022
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,... Read more »
I have A Severe Spinal Injury. My Employer has No Mpn Network back here. How can I obtain help back here. I have Multiple Injuries.

answered on Oct 26, 2022
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??
Tells me they can’t make out the drivers name or truck. I sustained ptsd from the accident and I want to know if I have a case in any way my company wants me back at work since the hospitals cleared me but I’ve been given no compensation or offered none.

answered on Oct 17, 2022
I would like some additional information. Did you sustain any physical injuries from this accident?
I was rushed to the trama center and put into emergency surgery

answered on Jun 7, 2021
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... Read more »
I am on Worker's Comp working 21 hours a week. My job is housekeeping and a guest threw up all over her room. During coronavirus I consider this a hazmat clean up. My boss says I have to do it. Can they LEGALLY fire me for refusing to do it? I honestly can not, physically, bend and do this... Read more »

answered on Dec 3, 2020
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... Read more »

answered on Aug 8, 2020
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
I fell at work. I have a sprained wrist and shoulder. Also injured my knee. All on my right side. My Doctor put me on restricted duty. I also have to start PT and OT.

answered on Jun 28, 2020
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... Read more »
I injured my back at work in 2017 and had tons of pt I ended up having 2 minor and 1 major back surgery. I now have permanent severe nerve damage and constant pain. I have lost some use of my leg and have foot drop. I started out with a hernitated disc. I don't believe my lawyer is getting the... Read more »

answered on Mar 6, 2020
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... Read more »

answered on Feb 25, 2020
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... Read more »
It was actually in the hospital paperwork I arrived on the 18th at 8 in the morning the accident took place at 8:30 on the 17th I arrived after 9 there's no way I could have been hurt 18th so how hard is it to get the accident date changed my boss is the one that told me the 18th

answered on Feb 3, 2020
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... Read more »

answered on Oct 29, 2019
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.
Broke finger and tore tendon that required surgery. I being out of work since Sep 13(Doctors orders) I was told my checks should arrive on the same day as my usual payroll but it has not been the case....currently going on almost 2 weeks since I received my last check.

answered on Oct 18, 2019
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... Read more »
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... Read more »

answered on Aug 12, 2019
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... Read more »
I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

answered on Aug 6, 2019
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... Read more »
Went into the boards hard and graphic during my hockey game, tore my tfcc severely. Played on it for 6 more games, incident happened Jan 18 and I wasn't given an MRI until a week later, "just tape it up kid," type thing. MRI showed a severe tear. Surgery Feb 8th. Filed a workers comp... Read more »

answered on Jun 17, 2019
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... Read more »

answered on Feb 12, 2019
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... Read more »
My husband tore his right maniscus on the job 12/5/18. WCI has been very slow processing his claims. It took 3+ weeks to get an MRI to find the tear. We went to the doctor that WCI said we had to go. The dr stated that he needed surgery to repair the damage. Yesterday, 1/16/19, WCI stated that... Read more »

answered on Jan 17, 2019
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... Read more »
Will WC pay for the visit to ER before papers are filed?

answered on Jan 13, 2019
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,... Read more »

answered on Dec 17, 2018
Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are... Read more »
Needed surgery to remove pins but pins was already removed. Can I still get a second mmi rating. I feel like my wrist is injured more then 14% I barely have motion in wrist and I can’t lift over 10 pounds without hand shaking . And the workers comp doctor put me at a full restriction

answered on Dec 8, 2018
Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours.... Read more »
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.