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Scott M. Anderson

Scott Anderson’s Answers

9 total

  • I already have a comp lawyer but I am not happy with the service can I drop him and get another lawyer? It has been 25 weeks.

    I got the ok for surgery 5 weeks ago but still no surgery date and no comp checks.

    Scott’s Answer

    You are always free to change lawyers. I would suggest you first schedule a meeting to talk to you lawyer about the reason for the delay. This may or may not be within his control. If the insurer is not being responsive, you may need to request a hearing to determine if you are eligible for weekly checks and the recommended surgery. You need to show you had a compensable accident, that you are disabled from work and that the surgery is needed because of the work injury. 25 weeks is a long time. If your case is good, you need to push for a hearing.

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  • Is a Lawyer supposed to reveal to you who your opposing Attorney is and should my file contain that info when I pick it up

    Worker Comp

    Scott’s Answer

    If opposing counsel has appeared in your case, your attorney should tell you who that is. A lawyer doesn't automatically appear in every claim, and there is a chance the insurance company had not retained a lawyer. If they had, then your file will reflect it.

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  • Worried

    I was hurt on job and filed workers comp claim. Seen dr who ordered mri of my neck and results were severe herniation of c5-c6 and they are referring me to a Neuro surgeon for surgery. Its been 3 days and adjuster has not approved referral or my c...

    Scott’s Answer

    It has been my experience that there is usually a delay in ordering a referral to a neurosurgeon. The Workers' Compensation insurance company wants to see the notes of the doctor who read the MRI with you to confirm that the referral was appropriate. I am much more concerned by the insurance company's failure to accept your claim. If you were hurt on the job, they should be paying for your medical care and paying you for your time out of work. You plainly have a very serious case. In order to get treated fairly, you are going to have to push or you will get pushed around. I recommend you speak to an experienced workers compensation attorney.

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  • Is $12,900 an acceptable worker's comp offer for 11% total lower extremity impairment rating?

    Ankle injured while at work. I now have a plate and 5 screws in my left ankle with an 11% total lower extremity impairment rating. I am a RN but currently work a "desk" job with minimal running around. However, should I choose to leave this compan...

    Scott’s Answer

    This can be a complicated issue. Kenny is right, your weekly compensation rate is a critical component to determining whether this offer is fair. I think you need to have an attorney review it, and most workers' compensation attorneys will offer a free initial meeting. You should have your medical records in hand, and meet with an experienced workers' compensation attorney.

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  • My ex husband recently die on a work accident ,we have a son together if is any compensation from work will my son be entitle

    We live in SC, he was marry again his wife reside in NC but he work and live in SC Can my son get part of any compensation from his death at work?

    Scott’s Answer

    The answer depends on your son's age. If he is 18 or under he may be entitled to as much as half. If he is older but in school he may qualify. If he has any disabilities, regardless of his age, he may qualify. I suggest you speak to an experienced SC workers comp attorney.

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  • Can my employer count my worker's compensation leave towards FMLA leave?

    I suffered an injury at work and am currently on workman's compensation. My employer sent me a letter stating that my time on worker's compensation will count as Family Medical Leave Act time . I thought FMLA was for unpaid leave due to. Issues o...

    Scott’s Answer

    I will echo the statements of the other lawyers. The employer may use your FMLA while you are out on comp. The employer does not have to do it, but they are within their right to do it. It does have the benefit of protecting your job.

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  • Slip and fall at work while pregnant and it been almost 6 months can I still sue.

    I came to work for a biometrics and when I was leaving i slipped in some water and hurt my knee. I was pregnant at the time. I had to be wheel chaired out because my knee was hurting so bad. It bruised up and was swollen.

    Scott’s Answer

    So long as your employer has actual notice of your injury, then there should not be a time problem. I would suggest that you give formal notice of your claim to your employer. You may want a lawyer to help you file a Form 50, which is the proper form.

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  • Workmans comp will not help me anymore but I've still got pain what should Ido

    I got hurt on the job had hernia repair still had much pain . I then had surgeon to do exploratory surgery found nothing but I'm still in severe pain . Now workers comp will not help me any further . The surgeon said it was defiantly related to he...

    Scott’s Answer

    Hernia repair is usually successful, but unfortunately some people have your experience. The good news is your doctor relates your current problems to the original hernia. Ask your doctor what else he has to offer you to reduce the pain. If he doesn't have any options, then ask him to refer you to another doctor. Good luck!

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  • After having a 2 level fusion in my neck c-4-5 and c6-7 along with a spinal stimulator, what should I expect?

    I was injured in June 2013 and my company was told I needed light duty which never happened, in February the doctor finally took me out or work in February. What should I expect?

    Scott’s Answer

    Medically, you can expect some reduction in arm pain, but continued neck pain and loss of range of motion of your neck. A 2 level fusion is a very serious procedure. You are eligible for lifetime care for the hardware and the spinal cord stimulator.

    Concerning workers comp benefits, the insurance company should provide 100% medical care, but be wary of company doctors and nurse case managers. You should get disability benefits while you are out of work and you are eligible for some permanent disability benefits.

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