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Can injured worker be forced to work with chronic pain?

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sc-waterdog

Junior Member
What is the name of your state (only U.S. law)? South Carolina. My back was injured on the job. Was getting worker's comp payments, but they were stopped (have a WC Commission hearing next month to challenge carrier's action). Can I be forced to return to work with chronic pain? Three doctors (on carrier's payroll) have said there is nothing they can do except pain injections, therefore nothing has been done to correct the problems that are causing the pain (herniated discs, etc.). I can find nothing in SC Title 42 on the subject.
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? South Carolina. My back was injured on the job. Was getting worker's comp payments, but they were stopped (have a WC Commission hearing next month to challenge carrier's action). Can I be forced to return to work with chronic pain? Three doctors (on carrier's payroll) have said there is nothing they can do except pain injections, therefore nothing has been done to correct the problems that are causing the pain (herniated discs, etc.). I can find nothing in SC Title 42 on the subject.
You cannot be forced to work at all. Slavery was abolished a long time ago.

If you are unable to work, you may be able to collect some sort of disability.

The insurance policy you have (worker's comp, disability) may not cover "not working due to pain". If not, you'll need to find some other form of income. Returning to work is the obvious answer.
 

sc-waterdog

Junior Member
Let me rephrase

Let's try this a different way. Can a WC-paid doctor tell me to ice down or take pain pills and go back to work? Is that legal in South Carolina? That's what they did to me.

Slavery is alive and well, thank you, if you don't want your WC benefits cut off and being made destitute for some bogus excuse of "non-compliance."
 

Proserpina

Senior Member
Let's try this a different way. Can a WC-paid doctor tell me to ice down or take pain pills and go back to work? Is that legal in South Carolina? That's what they did to me.
You weren't forced. You had a choice to make.


Slavery is alive and well, thank you, if you don't want your WC benefits cut off and being made destitute for some bogus excuse of "non-compliance."

Oh boy. Please, let's not, ok?
 

tranquility

Senior Member
What is "pain"?

"Pain" is a subjective response to certain nerve stimuli. Subjective. Which means each person experiences it on his own. There, right now, is no objective way to measure "pain".

EVERY SINGLE PERSON ON EARTH could claim they are in enough pain to be unable to work and science would have no way of knowing if they are lying or not.

Yes. They can say that your reporting of chronic pain is not enough to keep you from working. If there are objective signs which would fall under the criteria which prevent you from working, that is something different.
 

sc-waterdog

Junior Member
Thank you

Thank you, tranquility, for a thoughtful answer. Sounds like the Commission has latitude to decide what they want.
 

JustAPal00

Senior Member
What don't you get? They can't make you work! However they can stop paying you if you don't! Now it's up to you to chose! Work and get paid or don't work and don't get paid! Was that clear enough?
 

sc-waterdog

Junior Member
Well, thats enough fun for me

What don't you get? They can't make you work! However they can stop paying you if you don't! Now it's up to you to chose! Work and get paid or don't work and don't get paid! Was that clear enough?
Wow - what a thoughtful answer. Just packed with useful information. I'm sure you are very impressed with yourself.

I have never understood why forums in general are such a favorite hangout of flamers like you; no intent to help, just to abuse. Of course you don't get paid if yo don't work (well, we all know there are plenty who get paid for not working). May you have never been in a situation where you have to work for $8/hour or live in your car. Maybe someday you will and you'll understand. That's life for a lot of middle-aged people these days (we used to be _much_ better off).

All I was trying to find out is if SC Workers Comp law allows an employer to compel an injured worker to simply numb pain and return to work or lose benefits. Instead I get condescending remarks (except for the Tranquility's reply about the subjectivity of pain, which is a good point) about, "You have a choice." Bull. If you don't know the answer to this simple question, just say so or don't reply. That's fine, but secure the flame thrower, OK?
 
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