Must I go to the doctor immediately when I get hurt?

Well, it depends. It is always best to get treated immediately or at least as quickly as possible when you've been hurt on the job. However, many injuries that turn out to be significant don't seem that way initially. During my 12 years as workers' compensation commissioner, I frequently heard testimony from people who thought they would be okay in a day or two and didn't bother to seek medical evaluation or treatment at first. Not going to the doctor on the first day does NOT keep you from being entitled to benefits. Sometimes this makes it harder to prove that injuries are caused by something that happened at work at a certain time, but not impossible.

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Questions & Answers on this blog are not specific legal advice.  See note on right.

Who pays for the mileage when I go to the doctor's office?

If you've had an on-the-job injury, the workers' comp insurance company will reimburse you for mileage to the authorized medical appointments. This includes the doctor's office, physical therapy, pharmacy, and possibly other places. You have to keep track of your mileage and the dates to get reimbursement. You should keep track of these even if the medical appointments aren't authorized because a commissioner may require the insurance company to pay for all of them. The rate is typically updated each year.
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Questions & Answers on this blog are not specific legal advice.  See note on right.

Will I get my full salary while I'm out of work?

If you are out of work and entitled to weekly workers' comp checks, you will be paid about 2/3 of your average weekly wage or salary. If you are in an unusual situation, this may be a little difficult to figure out. A few examples: working less than 52 weeks with the employer, working more than one job, a significant change in your salary. Some job situations are easy to calculate; some are not.

There is a maximum amount or limit that a person may be paid each week; this amount changes each year.

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Questions & Answers on this blog are not specific legal advice.  See note on right.

What if I get worse after my case is over?

If you've gotten an award (money for your disability) and then get worse, you may file a claim for a "change of condition" but only within one year. It can't be one year + one day; it must be within one year. This does not apply if you have "clinchered" your claim. S.C. Code Ann. 42-17-90 (1985) provides as follows:
Upon its own motion or upon the application of any
party in interest on the ground of a change in
condition, the Commission may review any award and on
such review may make an award ending, diminishing or
increasing the compensation previously awarded,
subject to the maximum or minimum provided in this
Title, and shall immediately send to the parties a
copy of the order changing the award. No such review
shall affect such award as regards any moneys paid and
no such review shall be made after twelve months from
the date of the last payment of compensation pursuant
to an award under this Title.


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Questions & Answers on this blog are not specific legal advice.  See note on right.

Should I sign the form from the insurance company?

Question: I've been getting weekly checks from the insurance company while I've been out of work, until last week. Now the insurance company wants me to sign a paper so that I can get my last check. Should I sign it? Answer: Basically, don't sign anything until you've read it carefully. Even if someone tells you that you're just signing the form to get your last check, be careful. There's usually more to it than that. Unfortunately, when a person has been out of work, he or she needs every check and can't afford to do without one. This sometimes causes the injured worker to sign whatever it takes to get that last check. Hold off on signing if at all possible. This may be the time to consult an attorney. If you absolutely must sign the form to get that check, perhaps you ought to write a note on the form next to your signature, saying what you were told and why you are signing it and anything else you want to write, like whether you need more medical treatment. Again, be careful!

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Questions & Answers on this blog are not specific legal advice.  See note on right.

Was it an accident?

Question: My doctor said my work caused my back problem; my supervisor says if I didn't fall down or if nothing fell on me, then it wasn't an accident and I can't get help through workers' comp. Is this true?

Answer: In South Carolina, the word "accident" is defined in a way that isn't what we usually think of when we hear that word. Generally, for an injury or ailment to be covered by workers' comp, it has to be something caused by work activity that was not expected. It is not necessary to have something fall on you or for you to fall; sometimes injuries happen over a long period of time. By all means, give notice and file a claim within the necessary time frame. 

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Questions & Answers on this blog are not specific legal advice.  See note on right.

How much does it cost to get a lawyer?

Question: I've heard that you have to pay a lot of money to get a good lawyer to handle a workers' comp case. Is this true?

Answer: You don't pay anything at all up front. In fact, the lawyer isn't paid until you "win" your case. The lawyer's payment is taken out of your check, so you're not having to dig into your savings or borrow money to pay for a lawyer. And a lawyer who specializes in workers' comp knows how to help you get everything you deserve, everything you're entitled to.

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Questions & Answers on this blog are not specific legal advice.  See note on right.