[Transcript]
So you're still hurt, but your workers' comp doctor has released you back to full duty, and you want to know what to do? I'm Kenneth Berger, and I represent injured workers in Lexington, South Carolina, and across the state. I made this video because a lot of folks are visiting our website and coming to our office with questions about what they can do when they're just not ready to go back to full duty; they're still in pain, they're still experiencing symptoms from their on the job injury, but the worker's comp doctor just isn't listening to them and wants to send them back to full duty. When that happens, the most important thing to do is to request a second opinion; you have a legal right to do that. You also want to make sure that when you return to work, you let your employer know the symptoms that you're still having so they don't ask you to do work that's only going to result in greater injury. If you're having trouble getting workers comp to authorize a second opinion or if your employer's not listening to you when you're telling him or her that you simply can't do full duty because you're still having problems from your work injury, we're here to help. We want to make sure that injured worker's rights are protected and that you get proper guidance through the system for a fair result. To find out how we can help, call me for a free consultation or request free copies of my books right here on the website. Also, know that we're here to help you. Unlike the insurance company, we have your back, and you do not have to go through this alone.
One of the most important benefits workers' compensation provides is payment for time missed from work. In other words, if a doctor says you cannot work because of your on-the-job injury, you should receive a weekly check. Similarly, if the doctor puts you on light duty, but your employer does not have any light-duty work available, you will get a workers' compensation check.
If You Were Released to Full Duty Too Early...
But what happens if you are released to full duty? In South Carolina, you must attempt to return to full duty. Even if you disagree with the doctor's conclusion, it is important that you show up for work and do your best to complete as many of your responsibilities as possible. If you are unable to perform all duties of your job, you should ask for a second opinion or return to the first doctor and let him/her know which of your job activities you are struggling to complete.
Being Released to Full Duty Does Not Mean Your Case is Over
Being put back on full duty does not bring your workers' compensation case to an end. Rather, it means you may be closer to settling your case and receiving compensation for any permanent impairment or disability. Do not let an insurance adjuster or supervisor mislead you. Returning to work without restrictions may put an end to your weekly checks, but it does not mean your case is over.
Do I Need to Hire a Workers’ Compensation Lawyer?
You Should Consider Hiring a Worker’s Comp Lawyer If…
- The insurance company is dragging its feet, intentionally elongating the process;
- Your employer and/or its insurance company refuses to send you to the proper doctor;
- You suffered a serious injury while working (the injury caused permanent impairment or will require future medical treatment, requires surgery, or prevents you from returning to work); or
- The insurance company fights to pay you less than the law entitles you to receive.
If you’re not sure if you would benefit from hiring a lawyer, consider scheduling a free consultation. The attorneys at our Columbia, SC, workers’ compensation law firm will listen to the facts of your case and provide honest guidance about whether you would benefit from legal representation.
Contact a South Carolina Workers' Comp Lawyer for a Free Consultation
Whether or not you need a workers' comp lawyer after being hurt at work will largely depend on the severity of the injury and how you're being treated by your employer and its insurance company. If you were injured at work in Columbia, Lexington, Myrtle Beach, or anywhere else in South Carolina, call me today at 803-790-2800 or start a live chat using the chat box below.