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I'm currently on workers compensation in south carolina

Good evening. I'm currently on...
Good evening. I'm currently on workers compensation in south carolina recovering from an electrical explosion 7 months ago. I was burned over face, arms, hands, shoulders and and received skin grafts over 2/3 of my left arm/hand to cover my deep burns. My other arm has about a 12 inch skin graft itself. I have an attorney and they are investigating a 3rd party negligence lawsuit. I'm sitting here with my wife we wanted to ask some questions instead of waiting to Monday to call and ask our attorney. I believe I have a decent understanding of the 3rd party lawsuit but my question was more about workers compensation. I'm receiving my weekly 2/3 check and they are taking care of my medical also. I'm also receiving counseling and have been prescribed medication for anxiety. So I have no problems with any of that. My neighbor told me a few hours ago that I will receive a workers comp settlement from my employers insurance company once I am MMI. Just wanted to run this by the professionals and see if there is any truth to this statement. I do have permanent scarring from the skin grafts and may have to have laser surgery due to scarring that has developed over the grafts. My second question is do I have a say so in my return to work? I fill like i'm not quite ready or completely healed after 7 months and I fill like my Doc may not agree.
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Answered in 10 hours by:
2/3/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,878
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your questions and I am sorry to read about your situation. First, it is always best to speak with your own attorney who is handling your case and familiar with all of the facts. This Site is merely a legal information Site, so we don't provide legal opinions or advice. That said, I can address the law as it relates to your questions.

Yes, once your physician finds that you have reached Maximum Medical Improvement, they will issue a report and your employer's WC insurance carrier will offer you a settlement. If you have any issues with the offer or questions, you should consult a local attorney who handles WC issues. One bit of information that you may or may not have though is that if you ultimately receive a settlement or judgment on the 3rd party claim related to this incident, the WC insurance carrier can subrogate against that settlement for the money they paid you. In other words, if someone else is found to be at fault, then the insurance company has a right to recoup their payments to you.

As for your second question, if your physician releases you to work, then if you don't go back to work your employer could terminate you. If your physician places restrictions on what you can do, then the employer has to say whether or not they can accommodate those restrictions without causing an undue hardship on the business ( a requirement under the reasonable accommodation rules under the ADA). If they say they cannot accommodate you and let you go, then you might have a claim you can file with the EEOC and the courts under the ADA.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 3rd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,878
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
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Customer reply replied 4 months ago
Thank you Marsha for your response. I truly appreciate you taking the time out of our day to assist me the other day. I wish you a blessed evening and a very prosperous year.God Bless you.

You're very welcome. Best to you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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