• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Light Duty?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

winky

Junior Member
What is the name of your state?South Carolina

Hello, all.
Several weeks ago, I hurt my lower back at work--trying to lift approximately 150 lbs. I'm on Percocet and Flexeril but still in great pain and barely able to walk like a human. However, the doctor has sent me back to work on Light Duty only. He also has scheduled me to have an MRI later in the week. He advised me to sit and answer the phone at work--and Not to lift anything over 20 lbs.. Well, I called my boss and told him what the doctor said and the boss is telling me that there is NO use in me coming in to work that there is no Light Duty for me to do...which is true. My boss said that Worker's Comp should take care of everything--including a weekly Worker's Comp check until I am better. He told me that he would call me back later. He did call me back to say that Worker's Comp was open for payment and that that an assigned caseworker for my claim from Worker's Comp was going to call him back, but that everything should move pretty quick. It's been 2 days.

What do you think? I do know that the insurance carrier for Workman's Comp has been notified, but I'm thinking that I need to fill out an accident form or something--or is the boss on the up and up. Also, since the doctor is sending me back to work on Light Duty (but there is no Light Duty) do I still get a check?? I haven't received one yet! I stumped!

Any advice? Thanks.
 


tjr5150

Member
well let's see did you fill out an incident at time of injury? this is something that must be done within 72hrs of injury....
also it takes longer than 2 days for workmans comp to get going mine took like 10-14 days....
and yes if your doctor releases you to light duty and your employer can't acomandate you then yes work comp will take it from there and will pay you it just takes alittle time
 

winky

Junior Member
Regarding Light Duty

Thanks, tjr.
No I didn't fill out an incident report of the injury. I simply told my boss the next morning of the injury. He notified the Workman's Comp Carrier, and called me at home to tell me to see a doctor, that the bills and everything would be taken care of, to go to the emergency room if necessary(which I did, and then to an occupational Health Doctor the following day). But I did not fill out any type of incident report. You really have me worried now. What to do?
 

Beth3

Senior Member
I don't know if tjr is referring to YOUR State's WC reg's when he says you must fill out an incident report within 72 hours, or his own State's WC reg's. I strongly suspect it's the latter. Every State has their own unique worker's compensation laws and what's true in one State may not be true in the other 49. My State, for example, has no such requirement.

Winky, your claim has clearly been accepted by the WC carrier. And it's the employer's responsibility to file a First Report of Injury with their WC carrier, not yours. If the employer cannot provide light duty work within your restrictions, then the WC carrier will pay you indemnity (disability) payments.

Based on the information in your post, I don't see a thing for you to worry about regarding how your WC claim is being handled.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top