Get free answers to your Workers' Compensation legal questions from lawyers in your area.
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... View 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.... View More
answered on Dec 4, 2018
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... View 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... View More
answered on Oct 7, 2018
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... View 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... View More
answered on Oct 6, 2018
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... View More
What are his options? He has only done receiving and shipping work all his life. He cant lift more than 25lbs with his arm now an that is with pain still.
answered on Aug 28, 2018
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... View More
answered on Aug 23, 2018
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... View More
I have not worked since Jan of 2018 I do get a check from workman's comp but I have been having to continuesley play phone tag with doctors and insurance.
answered on Aug 20, 2018
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... View More
I have incurred about $30K in medical bills in the last year, I have 2 herniated disc, doctor thinks I will need injection for rest of my life.
answered on Aug 17, 2018
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.
All the best.
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... View More
answered on Aug 9, 2018
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... View More
Have not been to ER but still in pain today. Do I have a workers comp case?
answered on Jul 24, 2018
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... View More
Is this legal?
answered on Jul 22, 2018
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... View More
answered on Jun 26, 2018
You can find a different job. We are an employment-at-will State, which means you can quit and leave a job anytime you like, as long as you do not have an employment contract.
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... View More
answered on Jun 25, 2018
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... View More
I tore my meniscus last year and had surgery. I received workers compensation during my time out of work while I healed/rehab. I returned to work and was working full time for 9-10 months. I had complications and needed a second surgery this year to clean up some more torn meniscus. I am out again... View More
answered on Jun 21, 2018
The adjuster is correct if this is still part of the original injury. There was not a second incident/accident that aggravated the knee???? If not, you are stuck with the same compensation rate.
I reside in SC( my old company has a location here) Although I work for the USPS... can they Workman comp case lawyer for my old employer set me up here in Sc for treatment.. my New Jersey lawyer said I’d have to go back & forth??? Help time is ticking & pain is still here
answered on Jun 14, 2018
I'm guessing you had a NJ workers' comp claim, since you had a NJ lawyer. If you had a NJ workers' comp claim, the answer to your question depends on NJ workers' comp law. As a SC lawyer, I can't advise you on NJ law and I have no idea if your lawyer is correct that you... View More
He was sent a letter from his lawyer stating he would receive a settlement check in 3-4 weeks. It is going on 9 weeks and now emails and calls to the lawyer are unanswered. What do we do now? He thought he did the right thing hiring a lawyer but now he feels as if he is being avoided. Where do we... View More
answered on May 23, 2018
It can take anywhere from a few days to a month. I am not sure what is taking 2 months....it certainly could happen. Obviously, you need to talk to your attorney. I am sure if you call your attorneys' office and let them know that you are "confused" about where your money is, you... View More
An incident report but I wasn’t told to go to a specific emergency room and I also talked to my boss upon entering the er and afterwards I was out of work for about a week but upon returning I found out the er I went to wasn’t part of their workers comp and they used my accumulated sick time to... View More
answered on Apr 27, 2018
Generally, when you injure yourself while working, you are entitled to 66% of your average weekly wages if you miss more than 7 days. The insurance company is also responsible for directing and payment of your causally-related medical treatment. If you had to go to the ER immediately after given... View More
He had a review in front of a commissioner in September 2017 which suggest to him to have another evaluation by an orthopedic doctor which was in the room maybe 5 or 10 minutes and said he was fine. the set up another review with another commissioner over the phone. He felt like he had go agree... View More
answered on Apr 3, 2018
You really do need to get an attorney. Whatever money you have been offered by insurance company will be yours without an attorney fee. The attorney is entitled to 1/3 of anything over and above what you have already been offered. So, that having been said, why don't you just call one of us... View More
On another job site that my employer has a contract with to do a collection and was injured. By law my job is not required to carry worker's comp because there are less then 4 employees. Can this be a personal injury since i wasn't at my job site?
answered on Mar 23, 2018
Short answer: If you were hurt while working for your employer and you were helping him do his work at simply another location per direction , you are covered by the Workers Comp Act. You will most probably need a lawyer because they will probably deny given the facts.
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