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Work Restrictions and Workers’ Compensation Benefits in South Carolina: Are you Entitled to Benefits?

The South Carolina Workers Compensation lawyers at Grimes Teich Anderson  often get questions from people regarding work restrictions they may have as a result of their work related injury.

A typical scenario involves a worker that was put on light duty by their doctor and their employer cannot provide work for them within their restrictions. Often times they are unable to work and the employer’s insurance company will not provide them out of work benefits. This can be a tremendous burden on the worker and their family. So what are your rights?

Generally, if you are unable to work temporarily as a result of your work injury you are entitled to two-thirds of your Average Gross Weekly Wage each week until you return to work or your claim is resolved. Often a doctor will feel that you can perform some type of work but limit your duties given your injury. This can be referred to as “light duty,” “modified work,” or “restrictions.” If your employer cannot provide you work under these restrictions, you are likely entitled to begin receiving weekly benefits after you have been out of work for seven days.

Many times an employer may offer “light duty” but the work they are actually having you do is more than what your doctor says you can do. I’ll be writing more about this in an upcoming post, but if you feel your employer is asking you to do more than your doctor says you can do it may be wise to call a South Carolina Workers’ Compensation lawyer.

There are some key things to remember to do if your doctor has issued you restrictions. First, always make sure you do not leave your appointment without a copy of your work restrictions. It is important that you understand exactly what you can and cannot do and keep a copy of your work restrictions with you. Second, provide a copy of your work restrictions to your employer and find out if your employer has work for you that are under your restrictions. It is best to get detailed list of the light duty job description and ensure that it is, in fact, within your restrictions. If your employer says they do not have work for you within your restrictions, get a statement from your employer stating this, if possible.

If you are unable to work and the insurance company will not provide you with your weekly benefits, you may need to speak with a lawyer. The South Carolina Workers’ Compensation team at Grimes Teich Anderson has successfully fought for injured workers out of work benefits both in and out of Court.

If you have questions about a potential workers’ compensation case or how work restrictions can affect your workers’ compensation case call Grimes Teich Anderson at 864-421-0770 or contact us over the internet at Initial injury and disability consultations are free; it won’t cost you a thing to talk with us. We have three convenient office locations in the Upstate of South Carolina: Greenville, Spartanburg, and Gaffney. At Grimes Teich Anderson we are committed to protecting the rights of hard working South Carolinians.

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