Topics Topics Edit Profile Profile Help/Instructions Help Member List Member List  
Search Last 1|3|7 Days Search Search Tree View Tree View  

Workers' Compensation in South Caroli...

Social-Security-Disability-Forum » Workers' Compensation in South Carolina  

  Thread Last Poster Posts Pages Last Post
  Start New Thread        

Author Message
Top of pagePrevious messageNext messageBottom of page Link to this message

cynthia yeargin
Unregistered guest

Rating: N/A
Votes: 0 (Vote!)

Posted on Wednesday, December 08, 2004 - 4:28 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has been released to return to light duty. Sit down work, no use of affected upper extremity. The accident occurred in south carolina, he lives in nc. The company has no light duty available, his companies home base is in columbia, sc-3 hours away. So they have assigned him to go to the good will as a greeter. his pay will only be $5.15 per hour. He is currently drawing a worker's comp check, although they are now behind the last 2 weeks delivering him a check. his previous salary was $19 an hour. Can they pay him less than his previous salary?
Top of pagePrevious messageNext messageBottom of page Link to this message

Paul McChesney (Admin)
Board Administrator
Username: Admin

Post Number: 950
Registered: 5-2004

Rating: N/A
Votes: 0 (Vote!)

Posted on Friday, December 31, 2004 - 7:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

The short answer is yes.

But they also have to pay him 2/3 of the difference between his present salary and his worker' compensation benefit amount. Often they will not tell him this.
Top of pagePrevious messageNext messageBottom of page Link to this message

UpstateSC
Unregistered guest

Rating: N/A
Votes: 0 (Vote!)

Posted on Tuesday, December 14, 2004 - 7:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mr McChesney: I am not sure what I should do. This is the frist time I have ever had any real dealings with WC. I had Carpal Tunnel sugery on both hands. One hand is pretty good, but not like it was 5 years ago. The other hand is a nother story all together. I have nerve damage which come to find out is permanent. I know that the company always low balls as far as a settlment is conserned, but I am scared that if I get a lawer so that I get a far settlement that I will be painting a target on my back so that my employer has a reasonto fire me. I know several people who had to get a lawer to get a desent settlement, and since then the company has found reason to get ride of them. The flip side to this is I am also not sure if the surgen didn't mess up and thats why I don't have any feeling in my finger tips in my thumb,pointer,middle and half of my ring finger. The base to this is I don't want to get screwed in the settlement, and don't want to loose my job, and should I look at wether the surgen messed up. I just am not sure what to do at this point. In upstate SC
Top of pagePrevious messageNext messageBottom of page Link to this message

Paul McChesney (Admin)
Board Administrator
Username: Admin

Post Number: 966
Registered: 5-2004

Rating: N/A
Votes: 0 (Vote!)

Posted on Saturday, January 01, 2005 - 6:55 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Upstate: You might consider sitting down with an attorney to talk, with the understanding that he will keep the talk confidentail; take the attorney all of your medicals. He can give you an estimate of what your case is worth, and you can take that back to your employer.

There are laws against firing someone for exercising their compensation rights, but those laws don't work all that well, since they can always fire you for coming in late or something like that. One thing you can do to minimize this problem is to be an absolute model employee, coming in early, staying late, etc. That way, they are less inclined to fire you, and if they do, it is easier to prove they did it because of your comp claim.
Top of pagePrevious messageNext messageBottom of page Link to this message

Anonymous
 

Rating: N/A
Votes: 0 (Vote!)

Posted on Thursday, April 20, 2006 - 10:05 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been drawing WC since Sept. 2005 due to a knee injury at work. I was released from the DR. in Feb. 2006 but my employer only has part time work, which WC is paying me the difference. I am moving to Florida ina few months and my employer knows this. Wc called me and offered a settlement of approx. $10,200. based on a 14% rating from my Dr. what happens if I accept this vs. going to the conference hearing and is the advantages and disadvantages?

Add Your Message Here
Post:
Username: Posting Information:
This is a private posting area. Only registered users and moderators may post messages here.
Password:
Options: Enable HTML code in message
Action:

Administration Administration Log Out Log Out  

This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

If the subject of disability is important to you, or if you want to find out more about us, you should explore the rest of this site. To do so, go to our homepage, Carolina-disability.com.

Please don't take anything on this site as legal advice! Nor should you take any action, or fail to take any action, based on any communication provided through this site. Before doing that, it would be wise to sit down and talk to an attorney in his or her office. Please also see our disclaimer at this link: Disclaimer. We want to be as helpful as we can be on a website; please thank us by doing this.