This question seems to come up more frequently than most. Often, we hear clients expressing concern about whether or not they can be fired for filing a workers’ comp claim. And unfortunately, it’s kind of a good news, bad news situation. If you want to know why, we’ll explain in this article.
The good news is you cannot be fired for filing a workers’ compensation claim. In South Carolina, doing so is actually illegal.
Under the South Carolina Workers’ Compensation Act, employers are prohibited from retaliating against employees who make valid claims. This means that your employer cannot fire, demote, or otherwise take action to punish you for claiming workers’ compensation benefits.
Although it’s illegal for employers to retaliate against employees for filing workers’ comp claims, unfortunately it still happens. That’s why it’s important to keep thorough records and document any forms of harassment or retaliation from your employer following your injury or filing a claim. This will help you if you need to pursue legal action against your employer.
Rather than firing you, your employer must make reasonable accommodations to help you continue working while recovering from any injury sustained on the job. These could include providing accommodations such as modified work hours, different tasks, and special equipment. This accommodation must be done in good faith and should not cause risk of further injury to yourself or coworkers.
The bad news is that you can be fired for just about anything else.
This is because South Carolina is a “Right to Work” State. This means that in South Carolina, an employer has the right to fire you for just about anything. Of course, some things are protected. For instance, an employer is not allowed to fire you based on your age, sex, race, disability, or any other federally protected reason. However, they can fire you for leaving work five minutes early or not performing your job satisfactorily.
Your employer has the right to fire you even while you are receiving workers’ compensation benefits just so long as the cited reason is not because you filed for workers’ compensation. They can also terminate you if your injury causes you to no longer be able to perform your job.
If you have been fired due to filing a workers’ compensation claim, then you may have legal recourse. If the company retaliated against you as a result of filing your claim, this could be a form of wrongful termination. It’s important to speak with an workers’ compensation lawyer who can review the details of your case and advise you on potential legal action.
Your lawyer may be able to help you build a strong case against the employer by showing that they had knowledge that you were injured on the job, and subsequently terminated or demoted you for filing a workers’ compensation claim.
Additionally, it may be possible for your lawyer to get back pay for time lost after being wrongfully dismissed from work. Your attorney can also pursue punitive damages in the form of pain and suffering compensation, if applicable. With an experienced attorney at your side, you can fight for justice in response to unjust treatment by employers.
You were hurt on the job and made a workers’ compensation claim. You’ve undergone treatments and are back at work, but you feel like the doctors have done all they can do. Everywhere you turn, there seems to be a question — do my checks stop at Maximum Medical Improvement?
Determining whether or not benefits end after MMI is a complicated decision. On one hand, many states impose limits on reimbursable medical care and eventually cease payment of wage replacement benefits once an injured worker reaches MMI. But each case is determined on its own merits, and additional payments may still be required depending on the circumstances.
Confused? Don’t worry! We’re here to help clarify the details in this article.
Maximum Medical Improvement (MMI) is the point at which your doctor believes that you have received all of the medical care that you need for your injury and are as recovered as you will be. It does not necessarily mean that you are completely healed or that you can fully perform all duties related to your job, but it does mean that additional treatments are unlikely to help improve your situation further.
Your doctor may do several tests during this process — including physical examinations, X-rays, CAT scans andMRIs – to determine if further treatment might help improve your condition or if surgery may be necessary. After these tests, the doctor then has to decide if continuing your treatment would benefit you or simply perpetuate an existing injury with little or no prospect for improvement. Once this decision is made and recorded in writing, MMI is declared.
The short answer is “no.” Your workers’ compensation checks will not necessarily stop at Maximum Medical Improvement (MMI). This depends on the specifics of your claim, including the type and duration of your injury.
If you have a workers’ compensation claim which is open and you are drawing weekly checks — either temporary total disability if you are completely out of work or temporary partial disability if you are able to work but making less money than before — you should continue to draw your weekly checks without any interruption. The only thing that changes is that you are no longer considered under a temporary disability and now you are under a permanent disability. Other than a change in the notation on your check stub there shouldn’t be a difference.
Under our workers’ compensation laws there will be an assumption that you have elected to take a permanent workers’ compensation award in the form of ongoing checks for temporary total disability or temporary partial as opposed to checks for a permanent partial impairment.
After you have reached Maximum Medical Improvement (MMI) status, it is in your best interests to hire an attorney familiar with workers’ compensation law. The attorney can help you navigate the process and advise you on the potential outcomes of your claim. They can also determine a reasonable settlement amount and fight for the amount you deserve.
A knowledgeable attorney can look at the medical evidence that has been collected while examining how much damage or impairment your injury has caused. Your attorney will have experience with evaluating settlements from other cases as well and will know what is a fair settlement in your case.
An experienced workers’ compensation lawyer understands that although MMI has been declared, follow up treatments such as physical therapy may still be needed to fully recover from the injury sustained at work and they make sure these treatments are also covered. Your attorney can ensure that all available benefits are applied to your claim, so that you receive the full amount of compensation you deserve.
Recently, we had a client who inquired about what is permanent partial disability. They were curious about what it was and whether not they would qualify for it. I thought I’d pass along that information, as it might be relevant to you as well and others who are unfamiliar with permanent partial disability.
Permanent partial disability (PPD) is a type of disability that results in an ongoing physical impairment and a reduction in the person’s ability to work or perform normal activities. It’s typically caused by an illness, accident, or other event.
Unlike with permanent total disability, which is recognized by complete paralysis of the body or significant loss of physical capabilities, PPD is associated with only a partial reduction in physical capabilities— such as difficulty walking, an inability to stand for long periods, lower range of motion in some parts of the body, hearing loss, vision loss and more.
In order to qualify for PPD benefits you must provide medical evidence that you have been diagnosed with an injury or illness resulting in a long-term disability that relates to your past and current occupation. Your doctor will likely need to complete paperwork confirming the diagnosis and detailing the extent of your impairment as well as any necessary treatments required. You may also be asked to have yourself evaluated by a qualified physician who specializes in assessing disabilities.
Essentially, permanent partial disability is used to compensate for permanent physical damage sustained during a work injury. Here, “partial” refers to the fact that you still have some use of the injured body part. In other words, you still have some functionality, but the benefits cover the injuries that have prevented your body from returning to the functionality it once had.
To qualify for Permanent Partial Disability (PPD), you typically have to meet certain criteria. First, your case needs to be evaluated by a qualified doctor. The doctor then needs to determine that the condition could not be cured or further improved and has resulted in a disability of a certain percentage of your pre-injury earning capacity.
A doctor will determine the amount of disability using a scale of 0 percent to 100 percent. 0 percent means that there is no permanent injury at all. 100 percent would mean you have a permanent and total disability. Injuries that range from 1 percent to 99 percent are eligible for benefits.
You are eligible for permanent partial disability regardless of whether or not your injury prevents you from performing your old job. The reasoning is this: With permanent partial disability, you are being compensated for your loss of ability in your injured body part rather than for your ability to work.
Compensation is calculated at 2/3 of your regular weekly salary, based on your last 12 months of employment with your current employer. However, it’s worth noting that compensation is capped at $816 per week.
If you think you qualify for permanent partial disability, the first and most important thing to do is talk to a lawyer. An experienced attorney will help you understand all of the requirements and can guide you through the process of filing a claim.
They will also be able to assess whether or not you have a legitimate case. Even if your injuries are severe, it’s possible that they won’t meet the requirements necessary in order to qualify for permanent partial disability benefits. That’s why it’s important to have an experienced lawyer who understands your situation and can provide legal advice before you make any decisions.
Your lawyer will then help you gather evidence to prove your case, as well as making sure that your claim is submitted correctly on time so that it doesn’t get delayed or denied. They will also provide representation during any potential hearings and represent your interests when negotiating with insurance companies for a fair settlement amount.
After you’re injured on the job, we know that funds can be tight. From medical bills, to not being able to return to work, to the general expenses of daily life, a work injury can lead to tough financial situations for yourself and your family — leaving you wondering, “When will I start receiving my workers’ compensation checks?”
Under the Workers’ Compensation Act, “no compensation shall be allowed for the first seven calendar days of a disability resulting from an injury.” This means you’ll be waiting at least a week. In this time, we recommend reaching out to an attorney — the sooner the better. In the event that your injury leaves you disabled for more than 21 days, you may be allowed compensation from the date of your disability.
While you are allowed to use sick days or vacation days to cover the first week, you’re out of work due to your work injury, you are not required to use this limited resource. Constantly, we see employers and insurers misinforming injured workers’ about their use of paid time off.
When you’ve been injured on the job and cannot go back to work, you have many financial options open to you during this time. This includes taking out a loan, applying for private assistance, or making use of severance pay.
Taking out a loan is one way to cover some of your expenses while you’re off work recovering from an injury. A loan lets you access funds quickly and easily so that you can get by until your compensation checks start coming in. Make sure that the payment plan works with your budget and that you understand all the terms before signing anything.
You should also look into grants that might assist with medical bills, therapy and other related expenses caused by the injury. Private foundations and government grants can help fill in income gaps while recovering from an on-the-job injury. Talk to your doctor or the hospital’s case manager about any possible grant opportunities they might recommend or provide helpful information about specific grants that might be available in your area.
Finally, many employers offer severance pay in certain circumstances, such as an illness or injury that prevents a person from continuing in their role at the company. This will vary depending on the employer’s policies but could be a great way to supplement other sources of income while you are unable to work due to your injury or illness.
If you’ve been injured on the job, hiring a lawyer is an absolute must. No matter how minor or severe your injury may be, having a lawyer to represent you can make all the difference in getting you the compensation and benefits that you deserve.
A lawyer will review your case to ensure that all necessary paperwork has been submitted to your employer’s workers’ compensation carrier. They will also provide advice about what rights and benefits you are entitled to, as well as advise on any legal documents associated with the claim.
Not only will a lawyer help you get the compensation benefits that you need, but they may also be able to negotiate a better settlement than you could have otherwise obtained on your own. This includes negotiating with employers who are reluctant to answer questions or approve claims due to fear of being liable for medical costs or other related expenses associated with an on-the-job injury.
Having an attorney at your side can make sure that your rights are properly protected and ensure that any settlement received is in accordance with applicable laws and regulations. This way, you won’t miss out on any of the benefits and checks owed to you due to an accident caused by someone else’s negligence.
Hiring a lawyer early on in the process will ensure that you’ve got someone on your side who understands all the laws and nuances of dealing with a workers’ compensation case. With more than $275m in settlements and awards, Oxner + Permar Law has the experience to guide you through the workers’ compensation process and ensure that your rights are being protected.
If you sustain an injury at work, you may have a nurse case manager appointed to your case. Many of our clients are unaware of the role of a nurse case manager, and many of them have never even heard of one until they begin their workers’ compensation case.
But who are nurse case managers, and should you trust them? They say they are helping you get the best medical outcome — but could there be any other motives for their involvement in your health care?
In this article, we’ll discuss who Nurse Case Managers are and explore if they truly have our best interests in mind.
Nurse case managers are registered nurses who specialize in coordinating patient care. Their primary role is to assess, plan, coordinate, facilitate, and monitor the provision of healthcare services that meet a patient’s needs during treatment. They are also responsible for maintaining detailed records of all aspects of patient care.
In their role as Nurse Case Manager, they collaborate with other healthcare professionals to provide optimal patient care throughout the clinical journey of a hospitalized or medically ill patients. They monitor the progression and status of a patient’s medical condition and adjust treatment plans accordingly. Moreover, they provide education and support to both patients and families.
Their duties can range from medication management to providing resources for community-based services such as home health aides or physical therapy when necessary. They continually assess changes in the medical condition, document progress notes in the medical record, and communicate findings among the multidisciplinary team (MDT).
A nurse case manager is a neutral third party in your case. They don’t work for the insurance company, nor are they a part of your medical team. It is their job to report information on your condition to the insurance carrier, the hope being that doing so will speed up your case.
Nurse case managers are also responsible for helping ensure that you get the best care possible. They can provide guidance and advice on how to access resources that may benefit your health and recovery. They can help coordinate care with other providers, make sure your medical bills are paid, and ensure that you have all the necessary information about your case.
They also work to keep communication between you and your medical team going. In short, they can be a great resource for you as you navigate the workers’ compensation system.
Can you completely trust your nurse case manager? Ultimately, it is up to you to determine if you feel comfortable trusting a nurse case manager. While they may have your best interests in mind, some of their actions may be motivated by the insurance provider’s desire to limit costs and minimize legal liability.
It’s important to understand that a nurse case manager is supposed to be objective. Everything you say to them will be reported to your insurance provider. Therefore, be careful: Don’t say anything that could be misconstrued or harmful to your case. We recommend looking over all of the notes that your nurse case manager passes along, and make sure to dispute any discrepancies. You should be receiving copies of these notes. Moreover, your nurse case manager should not be speaking to your doctor if you are not present.
If you feel that your nurse case manager is acting in a way that is harmful to your case, or representing you in an unfair light, be sure to contact an experienced attorney to help you negotiate with them. You should always tell your attorney if you feel that your nurse case manager is not protecting your rights (for example, if they are not providing you with copies of their correspondences or attempting to speak with your doctor without your presence).
