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South Carolina Workers' Compensation Questions & Answers
Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

James L. Arrasmith
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James L. Arrasmith pro label 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

2 Answers | Asked in Workers' Compensation for South Carolina on
Q: I broke my knee and started having issues with back. Can I use my own doctor for another opinion?

I do not agree with workers comp doctor treatment/ diagnosis.

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

In South Carolina, the insurance company chooses your providers, but a second opinion (either through the insurance company or a doctor of your own choosing at your own expense) may enable you to make a direct appeal to the insurance company for additional treatment/ratings/restrictions, and/or... View More

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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: I broke my knee and started having issues with back. Can I use my own doctor for another opinion?

I do not agree with workers comp doctor treatment/ diagnosis.

Alton Lamar Martin Jr
Alton Lamar Martin Jr
answered on Jun 22, 2023

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

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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I am a injured worker forced to move across country.they do not have a MPN Doctor Network back here. I have a Severe inj

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.

Carole Jean Hayes
Carole Jean Hayes
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??

2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for South Carolina on
Q: I was involved In a semi truck accident I was hit by another semi and they left the scene of the incident my company

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.

Carole Jean Hayes
Carole Jean Hayes
answered on Oct 17, 2022

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

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1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: I was awarded a settlement by SC workers comp case on a bone infection case. However, the infection returned can I reopn

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... View More

Spencer  Aldrich
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Spencer Aldrich
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,...
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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I've had to have 2 surgeries on my leg from my injury the owner of the company is who caused it does that help my case

I was rushed to the trama center and put into emergency surgery

Jeffrey David Morris
Jeffrey David Morris
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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Can I be fired for refusing to do cleaning I consider a hazmat job during this coronavirus atmosphere? (guest's vomit)

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... View More

Jeffrey David Morris
Jeffrey David Morris
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... View More

1 Answer | Asked in Child Support and Workers' Compensation for South Carolina on
Q: I have a workers comp settlement awarded how much of that settlement can be garnished for back child support in SC
Carole Jean Hayes
Carole Jean Hayes
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

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Will I still get paid , in the state of South Carolina, if I call out of work due to pain from a light duty assignment?

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.

Ilene Stacey King
Ilene Stacey King
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... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for South Carolina on
Q: I hernitated my l4-l5 disc back in 2017 ended up doing a ton of pt and 2 minor 1 major back surgery later and I have

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... View More

Alton Lamar Martin Jr
Alton Lamar Martin Jr
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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: What would cause a delay in medical records being sent to an insurance adjuster?
Jeffrey David Morris
Jeffrey David Morris
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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: My boss told me I was hurt the 18th six months later he overlooked error was hurt 17thcan date be changed?

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

Carole Jean Hayes
Carole Jean Hayes
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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I work at applebees and was burnt bad on my arm loss time from work on doctors orders was not paid. do I have a case
Ryan D Templeton
Ryan D Templeton
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.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: My workers comp checks are coming in late and not on the days I usually get paid. What can I do about this?

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.

Ilene Stacey King
Ilene Stacey King
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... View More

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
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... View More

Carole Jean Hayes
Carole Jean Hayes
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... View More

Q: Can you please define "Hernia" for me please.

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... View More

Carole Jean Hayes
Carole Jean Hayes
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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Should I have filed a civil lawsuit instead of a workers comp claim for a TFCC injury and surgery, details below!

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... View More

Ilene Stacey King
Ilene Stacey King
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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries
Ilene Stacey King
Ilene Stacey King
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... View More

3 Answers | Asked in Workers' Compensation for South Carolina on
Q: WCI is refusing to pay for the surgery that the doctor they sent my husband to has recommended. What are our options?

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... View More

Carole Jean Hayes
Carole Jean Hayes
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... View More

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