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  1. #1
    Join Date
    Jul 2018
    Posts
    1

    Default Sc Workers Comp Hell

    My workers compensation claim was made in the State of: South Carolina

    I was injured at work a finger amputation in a pinch point. My HR lied the first week saying I failed the drug test I had to come take another one. Finger amputated was on writing hand so drug test marked under wrong name guessed at spelling. Had ER and Ortho put out for two weeks. Company sent me to their doctor put me on light duty. I was still on pain meds no driving, so work threatened with job abandonment all in first 5 days. Then OSHA did a flash report on accident. I did a hand written statement (finger amputated hard to do) and handed to HR. They never submitted it. I got OSHA report blamed me 100%. The HR manager did a bad cover up. He has my Line Supervisor saying machine failed to put paper on reel. Then in statement Plant Manager States they and vendor did a thorough investigation machine working as designed. The report states no witness due to size and location. Yet my supervisor states I did not use gripper or proper procedure. Funny thing in statement for me my HR typed I used the gripper even told how climbed a ladder. He also typed in that I said the blower failed to put paper on reel. OSHA of course closed case even with all differences a 7th grader could see.

    After OSHA investigation I was seeing a Hand Specialist and Orthopedic both had me on light duty no lifting above 5lbs, climbing, yada yada. As soon as investigation ended my work put me on line full duty working 50 hours plus a week. I complained to HR three times each time I was demoted to a more demanding job for my hands, then I was wrote up. I finally got a chemical infection in the hand that the doctors put me out of work all together. I was out of work for 4 months. When I returned to full duty but with restrictions to check back in a month to see if hand could handle it my work said I no longer had a job due to settlement. I had no settlement, only a phone call from adjuster nothing agreed to or in writing. So I called S.C. Workers Comp and they said no lawyer was even listed for the case. She asked if I was under Dr care I said yes we are going to try and work full duty for a month if can't see him. She says have they cut your benefits I said yes, she states can't cut your benefits without a hearing or form 17. I said I have no job. She says they can't even offer you a settlement without a release or Dr ratings. She told me to apply with S.C. Unemployment, I on my own went to S.C. Insurance Commission. In two weeks the S.C. Insurance Commission had a letter from Workers Comp carrier stating it was not their intention, they misunderstood and thought I was released, it was an honest mistake, they are reinstating benefits. I was out a job still. Then my work submits to S.C Unemployment that they have a written resignation, never gave one. So two agencies two different replies. Then I talk to Workers Comp Insurance carrier and they say I have to resign the risk and liability. Have on email. I state I have no damn settlement and I am not resigning. I have 100 of emails not joking saying I want my job back. Been to Governor Office, EEOC, S.C Human Affairs, SCLLR, OSHA reopened the Flash report and I am in middle of whistleblower case. Do to all that has went on the demotion, write ups, not submitting written statement. I even had the lawyer email that states HR remembers the written statement but does not know where it is? All this but nobody is helping in Government agencies. OSHA sent me to a big shot lawyer in Chicago to work on a settlement for Whistleblower I refused to take his $10k. I have no lawyer and I have done all this damn work by myself getting documentation after documentation. OSHA, EEOC, S.C Human Affairs all done. I just need to know under my knowledge the amputation is protected by ada and when they would not let me back on my job after release and stupid Adjuster wrote in email due to liability and risk that became a severe mistake. Also I have a hearing with S.C. Unemployment coming up, EEOC next month and are preparing for them. OSHA I called Governor and now have House Oversight following up. Its been three weeks not a peep from OSHA trying to CYA. Any helpful hints or knowledge would be much appreciated anything but a lawyer. I will get a lawyer when time calls. I have done this much work spent hundreds of hours and gotten where a lawyer would never get me too. Hell I got there lawyer writting emails calling me irrational, I act out, go off the handle, he put a no contact with my employer. He stupid enough to say the workers comp adjuster offered you a settlement and you agreed. I never agreed there never was a settlement and on top of that when he wrote the email the Dr had me out on light duty after a week at work hand hurt and I had no rating still. So for last week I have emailed director of S.C. Unemployment asking on yes no question if a injured workers comp employee has not been released from the doctor and has no rating is it approved by the S.C. Unemployment Commission for an Insurance Rep to offer a settlement. Yes or No. He has 7 days because on 7th day I will forward this email to Governors office and say a Director at your state agency can not answer a simple yes or no question to an injured S.C.W.C. victim. See I dont play and no lawyer would dare do that.

  2. #2
    Join Date
    May 2010
    Posts
    590

    Default Re: Sc Workers Comp Hell

    This is very hard to read......You should of gotten a lawyer, no way you can do more, or understand more that a trained professional..Best of luck

  3. #3
    Join Date
    Aug 2017
    Posts
    4

    Default Re: Sc Workers Comp Hell

    I personally have done a lot of research too. In my personal opinion, it is better to have a good lawyer. I like to know what to expect. I like to educate myself in every way possible... it keeps me sane. However, I would never trust myself not to make a costly mistake. I've read too much where people do this and mess things up so much that no one will help them. I've never seen someone regret a GOOD lawyer... as long as you do your research... that's the absolute best place to start.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,058

    Default Re: Sc Workers Comp Hell

    SCworkerscomphell
    I just need to know under my knowledge the amputation is protected by ada and when they would not let me back on my job after release
    An amputated finger is not a qualifying injury - it doesn't meet the definition of disability - it doesn't "limit one or more major life activities"
    South Carolina is an “employment-at-will” state - they can fire you for no, good or any reason, without notice.

    Americans with Disabilities Act (ADA)
    The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress.
    To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
    https://www.ada.gov/cguide.htm#anchor62335

    South Carolina Termination (with Discharge): What you need to know
    South Carolina is an “employment-at-will” state. This means that either the employer or the employee may end the employment relationship without giving either notice or a reason. However, while this is true in theory, South Carolina statutes and courts have limited the traditional doctrine in some respects.
    https://www.blr.com/HR-Employment/Pe...South-Carolina

    or last week I have emailed director of S.C. Unemployment asking on yes no question if a injured workers comp employee has not been released from the doctor and has no rating is it approved by the S.C. Unemployment Commission for an Insurance Rep to offer a settlement. Yes or No. He has 7 days because on 7th day I will forward this email to Governors office and say a Director at your state agency can not answer a simple yes or no question to an injured S.C.W.C. victim. See I dont play and no lawyer would dare do that.
    Correct, they know it's a waste of time - I'm sure those people will have a good laugh.

    That director is under no obligation to give you legal advice or even respond to you, on top of the fact your question makes zero sense and is hard to interpret.
    This is exactly why people need to consult a lawyer when they have no idea of what they're doing.
    If you consulted a lawyer, you'd know better and get the real low down on what you're entitled to.

    I was injured at work a finger amputation
    That would be a scheduled loss - depending which finger it's worth 20-65 weeks of benefits, period.

    SOUTH CAROLINA WORKERS’ COMPENSATION GUIDE
    Weeks Allowed for Scheduled Members ( 42-9-30 & Reg. 67-1101)
    https://www.constangy.com/media/reso...3.15%20doc.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Sc Workers Comp Hell

    The Director of that agency is prohibited by law from giving you legal advice, so you will not get an answer from him. IF you want help with your case, you should hire a good workers' comp lawyer.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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