Out of work on WC due to back injury. Can the company terminate me and cancel insurance due to me being out of work for this.: I was injured on the job. After shots did not work they had to end up doing back surgery. Since the back surgery I have been having problems. I was released to go back to work and worked 2 days. Then ended back at the doctor because of some issues. I have since received a letter for insurance company saying that since my termination that I will have to pay state coverage insurance. Can this be done with me being out under doctors care.
Shelly’s answer: If you are injured on the job in South Carolina, your employer is responsible for your medical treatment from the date of accident until you are released from the doctor's care at maximum medical improvement. Under South Carolina law an employer may not terminate an employee for filing a workers' compensation claim. I would recommend that you contact a workers' compensation attorney immediately. If you had back surgery and continue to have issues as a result of the work injury, you should seek legal advice to make sure your rights are protected. For more information pertaining to what compensation you are entitled to under South Carolina workers' compensation law, see the link below.
Hernia and slipped disc: I was on call one night lifted a 250lb drain machine . called my supervisor to reports i had hurt myself . he never did report it to workers comp . after a couple days i went to the doctor paid for it myself .been to the doctor 3 times so far doctor thinks slipped disc in my lower back and a hernia in front but still my boss hasnt reported it just come and ask how do i feel . im afraid to push it fear of losing my job any advise ? thanks
Shelly’s answer: In South Carolina, If you are injured while on the job, you are entitled to medical treatment from the date you were injured until you reach maximum medical improvement. Employers are required to provide workers' compensation for injured employees. Workers’ compensation pays for medical treatment, loss of wages due to the injury, and permanent disability compensation if you are permanently disfigured or disabled. In addition, you may be entitled to compensation for the time you were out of work due to the injury. If you are injured, as it sounds that you have suffered a potentially severe back injury, you should certainly consult with an experienced workers' compensation attorney immediately to ensure your rights are adequately protected.
I herniated a disc on the job. Do I need a lawyer if the insurance company has taken care of the medical bills just fine so far?: People say to get a lawyer, but I`m reading that I have to prove negligence or intent. I`m receiving WC payments and have had the MRI and X-Rays, and have seen the doctors and the second opinion. I am awaiting the date to have the surgery they say will fix the herniated disc.(micro discectomy) A trusted source tells me I should not need a lawyer if all is going well, and will get a permanency check based on whatever percentage of disability the doctor has assigned to my case. I have psoriasis and the MRI and X-Ray films have also revealed 3 bone spurs, arthritis, scoliosis, and another bulging disc. I`ve been a tractor-trailer driver for 16 years.My wife, who has been staying home to raise our 4 children for years, is now searching for a job to help with income. What should I do? Thanks!
Shelly’s answer:
First, let me commend you on taking a step in the right direction toward protecting your rights. It sounds from your posting that you have a compensable claim that is currently being paid by worker’s compensation. South Carolina worker’s compensation law is not fault based. This means that if you are injured on the job, you do not have to prove that your employer was negligent in order to have a compensable claim. If you suffer an injury that is covered by worker’s compensation, then you are entitled to all necessary medical treatment related to your injuries. In addition, you are also entitled to compensation for the time you are out of work due to your injury at a rate of sixty six and two thirds percent of your average weekly wage.
While you are correct that you are entitled to compensation based on the permanency of your disability, unfortunately, the process is almost never as easy as it should be. In fact, it is important to keep a few things in mind when deciding whether to hire an attorney for your claim. First, while I agree that it is not always necessary to hire an attorney for a minor work injury, it is almost never a good idea to settle a serious work injury claim without first seeking the opinion of a qualified worker’s compensation attorney. If you are undergoing surgery for your back injury, then you have suffered a serious injury and you owe it to yourself to at least seek the advice of a qualified and experienced worker’s compensation attorney before settling your claim with the worker’s compensation carrier. An experienced worker’s compensation attorney will be able to evaluate your entitlements to future medical treatment, evaluate your impairment rating and provide a clear outline of your rights to recovery under worker’s compensation, based on your specific claim. While the insurance company may appear as though they are looking out for you, they are not. Insurance adjustors are highly trained in saving the insurance company money. Their goal is to maximize profits for their company. The less you are paid for your worker’s compensation disability, the more the insurance company for the employer saves! It is not uncommon that injured workers who try to represent themselves against the insurance company end up settling for much less compensation than they deserve for their injury. While you may not need a lawyer for a minor injury, if you are undergoing surgery for your back injury, then you have suffered a serious injury that will at the very least deserve professional guidance.