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I am a Nurse in South carolina, I sustained a back injury at work April 4th, The Dr put me on light duty which work provided until July 9th when they gave me a letter stating I had reached the maximum 90 day limit and would need to apply for FLMA. The doctor has not released me I am doing work hardening at physical therapy. My therapist said he does not think it is safe for me to continue with my current job becouse of this injury and previous 3 level neck fusions and previous knee injuries that are all acting up as a result of work hardening. I have yet to recieve a check from comp am wondering sould I apply for short term disability, I retained an attourney but am waiting and broke. Advise please.
If you were working light duty, and your regular hours, plus your reg payscale, Then WC would not pay you as your Dr has released you for Light duty. after July 9th you should apply through your HR for FMLA to protect your job for 12 weeks. and they should be able to help you with STD.

Sorry I did not see untill after I had written that you have retained an attorney. If things were going smooth with WC and your employer, why did you feel you needed a Attorney. You should have everything now go through your attorney, and no dealing with your employer. Sorry I can't be of more help. Maybe someone else can answer your questions.

kfchas Wrote:
I am a Nurse in South carolina, I sustained a back injury at work April 4th, The Dr put me on light duty which work provided until July 9th when they gave me a letter stating I had reached the maximum 90 day limit and would need to apply for FLMA. The doctor has not released me I am doing work hardening at physical therapy. My therapist said he does not think it is safe for me to continue with my current job becouse of this injury and previous 3 level neck fusions and previous knee injuries that are all acting up as a result of work hardening. I have yet to recieve a check from comp am wondering sould I apply for short term disability, I retained an attourney but am waiting and broke. Advise please.

I don't understand, if work will not provide me with light duty any longer shouldn't worker's comp pay instead of SSD
I would think WC should pay but then I'm not expert
has your attorney filed for a hearing ? If not , he should have . if your employer cant accomodate you on light duty then yes, in most states you should be paid by workers comp .
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