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 »
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...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 »
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 claim shortly... Read 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 not have a...Read 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 do....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 »
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 »
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, the ER visit may...Read more »
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 getting a...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
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 »
It is if you have a claim worthy of protecting! In other words, if your accident involves a relatively small injury; e.g., a paper cut, then you do not need an attorney. If you are going to need medical treatment, be out of work or have other issues that would tend to evidence a more involved...Read more »
My doctor said it was ok for me to continue my other job but was put on light duty. I had surgery a year later then that's when I started to receive workers comp checks because I couldn't work my job that I didn't get hurt at. Am I supposed to get compensated for both jobs while out or no? Also I... Read more »
If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty...Read more »
I tore my rotator cuff on the job. Was put on light duty for a year before I had to have surgery. When I went for surgery the doctor didn't repair the tear but shaved my bone. I am still out of work and was receiving workers comp checks. But now I didn't receive a check for the week. Is it possible... Read more »
It is very unlikely your checks have been stopped. After 150 days from a reported injury, the insurance company is not permitted to stop your check unless you agree on a written form (Form 17) or they get permission from the Workers' Compensation Commission at a hearing which they have to request...Read more »
By closed, do you mean he has settled his claim? Does he have a lawyer? If he has settled his claim, his options may depend on how the claim was settled. Depending on the circumstances, there may not be much else he can do except apply for social security disability. If he has not settled his...Read more »
If you had a work injury in South Carolina and benefits or medical treatment has stopped, you need to speak with an experienced South Carolina workers compensation lawyer as soon as possible. If you already have a lawyer, discuss the situation with your lawyer. If you do not yet have a lawyer, a...Read more »
It sounds like you have a North Carolina case. Moving to South Carolina does not change that you were hurt in North Carolina. Unless your company is located in South Carolina or you were hired in South Carolina, you do not have the option of a South Carolina claim. And, it sounds like you have...Read more »
You need a good workers comp attorney. Contact Carl Jacobson in Charleston. Tell him I gave you his name. He'll address other claims besides comp you may have, etc. He gives free consultations. If you need his phone give me a ring.
I’m a homeowner trying to have a shed built. Anyone I’ve interviewed does not carry workman’s comp insurance. I believe if an employer has more than 4 employees they must carry workman’s comp but in reality that is not often. Can a company I hire to build a shed be classified as an... Read more »
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you...Read more »
This is posted as a South Carolina workers' compensation question, however, it indicates the question came from Coral Gables, Florida. If you were hurt in South Carolina, yes, you may have a South Carolina workers' compensation claim. If you were hurt in Florida, you need to ask your question of...Read more »
Generally, an employer in South Carolina with 4 or more employees is required to have workers' compensation coverage. An employer who is required to have coverage can not make an employee waive his/her right to worker's compensation coverage. Giving you a piece of paper that says they don't have...Read more »
I work for Fedex and got hurt. My boss told me I wouldn’t ha e my route back when I returned and that makes me not want too. Before I got hurt I also told my supervisor that I was going to become part time in the future. With him knowing this I formation I believe it won’t hurt my claim when I... Read more »
The answer to this question is very fact specific. You've given a good bit of information but there are more details necessary to provide an answer. If you have a lawyer, you should discuss this with your lawyer. If you are not represented, you should consult with an experienced South Carolina...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.