Receiving workers comp benefits for over a year with no problems, payment is always on time. This week my check never came. I have a doctor's appointment for MMI late this week where I get an impairment rating. Could the workers comp company have ...
Anything is possible but it would likely be due to a clerical error or the electronic approval of the check's issuance not having been updated by the insurance company. As some of the previous answers have noted, your benefits should not be unilaterally terminated once 150 days has passed from the date of your accident. To properly terminate your benefits are this point in time, the carrier would need to get you to sign a Form 17 voluntarily agreeing to the termination or get a commission order allowing the checks to be stopped. I'm sure you've already called the adjuster to check on this. If not, I would recommend that you do that immediately.See question
I fell at work 10/2015 resulting in surgery 2/2016. My original pain has never been resolved with my surgery. I have pain everyday. I went to the doctor that was assigned by workers comp. I feel that the doctor is good and I trust he will resolve ...
You've asked a very good, but complicated, question. While access to medical care is supposed to be the linchpin of Worker's Compensation benefits, the sad fact is that Worker's Compensation medical benefits often just flat out suck. Whether it's dealing with doctors who are more beholden to the insurance companies than they are to their patients or dealing with insurance carriers who improperly deny or delay needed medical care, I have had many clients grow so frustrated with their Worker's Compensation medical treatment that they opt to settle their case, including their future medical coverage. If our system in South Carolina was more effective, we would see insurance carriers sanctioned on a regular basis by our commission. Your reference to the insurance company ignoring an order to pay medical bills happens all too often, and it is rare for our commission to assess any meaningful penalties against these insurance companies.
To your question, I assume that you are still receiving weekly benefits. If the authorized doctor continues to write you out of work, your weekly benefits should continue even if you receive treatment outside of the Worker's Compensation system. The bigger problem I think you are going to encounter is that most health insurance policies include a provision stating that they will not cover treatment for work injuries. Unfortunately, I suspect you are likely to encounter that situation with your health insurance coverage.
You reference that a hearing was scheduled for your case. This leads me to believe that you already have a lawyer representing you. If you do not, you need to hire one as soon as possible. I am sorry you are being put through such a needless hassle but it happens to injured workers day in and day out in South Carolina, and across the country. We have seen a race to the bottom for injured workers nationwide. Unfortunately, most injured workers in the south continue to vote in a way which is adverse to the interest of working people. Until we see some changes politically, we are unlikely to see our workers' compensation systems improve. Good luck to you.See question
No income. Fired in retaliation.
You've actually asked three questions so I will try to address all three..
First, one of the biggest misconceptions people have is that they cannot be fired while they are out of work due to a work injury. That is not true. There are some legal protections (Family Medical Leave Act, etc.) but your employer is not required to keep your position open for you indefinitely. However, if you are terminated while you're out of work due to a work injury, this can increase the value of the workers' compensation case in some instances, especially if you've been unable to find other employment. If you feel there is a viable labor and employment claim for something such as retaliatory discharge, age discrimination, or racial discrimination, discuss this with your lawyer. I would note that the statutes of limitations for these claims are typically very short.
Second, you asked about a Medicare set-aside fund being set up in your case. The fact that you have paid money through the years towards your Medicare coverage is irrelevant to the establishment of this fund. If your case is being settled in its entirety (including your entitlement to future medical coverage) and you are already a Medicare recipient, you are 62.5 years old or older, or you have applied for Social Security disability benefits, a Medicare set-aside account is a common element of a South Carolina workers' compensation settlement. it's a complicated process. Again, have a conversation with your lawyer if you don't understand it completely. If you don't understand it after that conversation, don't despair - most lawyers still don't understand the Medicare set-aside process completely (especially most insurance defense lawyers).
Finally, as to your question about your lawyer itemizing his or her fee, if you're referring to the legal fee, there is no itemization. I am sure your lawyer is representing you under a contingent fee contract with an agreed-upon fee percentage. That is pretty straight-forward to calculate. If you are referring to case costs, it is common practice for a lawyer to itemize those costs for you. In fact, in South Carolina, we have to do the same to get the commission to approve our fee and costs reimbursement.See question
I totaled a car doing a work function, workers comp, not my fault, I never missed work as I work from home desk work, I have never been taken out of work even though they wanted to, I am a single parent and needed to work, I never said I couldn't...
You should hire an experienced workers' compensation lawyer. There will be no financial risk to your doing the same as any lawyer who represents you will work on a contingency basis. There are also some complicated issues related to the interplay between the WC claim and the claim against the at fault driver, and a lawyer can help you navigate those issues.See question
My nephew was injured at wok. He was hit by a forklift knocked down and his foot run over. The injuries are pretty severe and some amputations is eminent.
Yes, absolutely - for a whole host of reasons. Given the injuries described, makin sure his future medical coverage is properly protected would be at the top of the list. I'm sorry that your nephew has been seriously hurt and I wish him as full of a recovery as is possible.See question
Was burn in face and neck had surgery at burn center no fault of mine happen at work
Given the nature of your described injury, I would strongly recommend that you at least confer with an experienced workers' compensation lawyer before settling your case, especially if you will have future medical needs related to your burn injuries. The consultation with a lawyer is free. I hope you are recovering well from your injuries.See question
I got injured on the job and tore my meniscus which was not my fault. I live in South Carolina so i got workmans comp but they took 5 months to do any type of surgery and i ended up receiving a muscle atrophy with my thigh muscle because of it. So...
Unfortunately, your situation is not unusual for an injured worker. We often see cases where the injured worker's residual disability is greater than it may have otherwise been if timely medical treatment had been received. However, your only remedy will be what you are able to recover under the Workers' Compensation Act as you are not able to sue the workers' compensation insurance company for bad faith in South Carolina. Since you have undergone surgery and you will be unable to return to your former line of work, I would recommend that you consult with an experienced workers' compensation lawyer.See question
I'm on Workers comp and was laid off. I was asked to sign an attractive severance agreement with a release of all claims.
My advice would be that you confer with an experienced workers' comp lawyer. We've encountered this situation several times in the past. A lawyer can review the severance agreement and, if necessary, add language or revise it to insure that you are not jeopardizing your workers' compensation rights.See question
Almost 3 yrs ago (be 3 in october 2016) i fell off a ladder and a ac\heater unit fell on me. I was in hospital for almost 4 months. My boss said he had no workmans comp. We now have almost 12 thousand of doc bills i just now found out boss has wor...
Definitely confer with a lawyer. The statute of limitations for a SC workers' compensation case is three years but if your boss engaged in fraudulent behavior to keep you from pursuing a claim, an argument might be able to be made that this defense shouldn't apply to your claim.See question
Hurt leg on job.
Yes, your entitlement to benefits is based on your status as an employee on the date you are injured so being laid off should not impact what you are entitled to receive. I would point out that the overwhelming majority of injured workers do not receive any settlement under South Carolina law as your entitlement to the same is based on your having some degree of permanent disability (or impairment) to the injured body part. Assuming that your injury is severe enough to have resulted in some residual permanent impairment, you will still be able to get a settlement regardless of whether you are still working for your employer at the time of your injury.See question