Legal Question in Workers Comp in South Carolina

worker's compensation

My claim was approved and I work light duty. The company was later sold. My injury is in the process of treatment, possible surgery. If I am laid-off will I draw my benefits if I no longer have a job with this company

Asked on 3/13/08, 9:47 am

2 Answers from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: worker's compensation

Being laid off should not affect your benefits. As long as you were covered under the insurance at the time of the accident then subsequently being laid off should have not bearing. WC can be very complicated. Call or email if you you have any questions.

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Robert Johnston

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Answered on 3/13/08, 9:50 am

John Griffith Smith & Griffith, LLP

Re: worker's compensation

A lay-off should not affect your wc benefits. Because you have an admitted claim, the wc carrier should continue to pay medical benefits regardless of your employment after the date of injury. If you are laid-off and cannot find other work within your light duty limits then the wc carrier should be made to pay you temporary total disability benefits while you have the light duty restrictions. However, most people on lay-off collect unemployment and you cannot collect temporary total disability and unemployment benefits at the same time. I handle workers compensation cases statewide and would be happy to represent you. There are many more factors that could come into play and no attorney can give you the advice you need without knowing all the facts and reviewing your case and medical records, etc. Let me know if you need my assistance.

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Answered on 3/13/08, 11:45 am

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