Video Transcript
I’m David Hood, and this is my most capable assistant Tracey. Today we’re talking about problems and solutions with Workers’ Compensation cases in South Carolina.
What if someone gets hurt on the job and is not getting paid?
Under the South Carolina statutes, what is supposed to happen is if somebody is written out of work by the company doctor, for over seven days and after fourteen days, they’re supposed to get two-thirds of their average weekly wage, meaning if you make $300 a week, you should get what they call a temporary total check for $200 a week while you’re written out by the company doctor. So, it’s very important to have an unbroken chain of out of work excuses if you’re seriously injured on the job.
What if your doctor wants to send you back to work, but you feel like you’re not ready?
A lot of times we have this conflict. It’s the workers’ comp insurance carrier, that company, that wants to pay as little on the claim as possible and get you back to work as soon as possible. So, a lot of times they’ll start you off (even though you have a serious injury) with physical therapy to try to get you back to work. If that doesn’t work, maybe they’ll give you some shots. If that doesn’t work, then it’s typically surgery. Then there may be some pressure; the insurance company is pressuring the doctor (and they’re paying the doctor’s bills) to get you back to work. So, if you really feel you can’t go back to work, and that the doctor’s maybe not treating you right, we can get a second opinion from another orthopedist or neurologist and we can kind of fight over that issue to get you more treatment.
Does it cost anything for somebody to call us?
No, our initial consultation is free. So, if you call us or email us, we’ll get back to you; we try to do it within 24 hours. Sometimes if we’re in hearings, it might take a little bit longer, or depositions, mediations, that kind of stuff. But there’s no charge for that, and we’d be happy to help if you have a question.
