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Questions Answered by Ilene Stacey King

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: Should I have filed a civil lawsuit instead of a workers comp claim for a TFCC injury and surgery, details below!

Went into the boards hard and graphic during my hockey game, tore my tfcc severely. Played on it for 6 more games, incident happened Jan 18 and I wasn't given an MRI until a week later, "just tape it up kid," type thing. MRI showed a severe tear. Surgery Feb 8th. Filed a workers comp claim shortly... Read more »

Ilene Stacey King answered on Jun 17, 2019

From your question, I assume playing hockey is your job. That would have to be true for you to have a workers' comp claim for your injury. If you have a workers' comp claim (in other words, if you were injured while working) then workers' comp would be your only remedy. You would not have a... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries

Ilene Stacey King answered on Feb 12, 2019

I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do.... Read more »

3 Answers | Asked in Workers' Compensation for South Carolina on

Q: WCI is refusing to pay for the surgery that the doctor they sent my husband to has recommended. What are our options?

My husband tore his right maniscus on the job 12/5/18. WCI has been very slow processing his claims. It took 3+ weeks to get an MRI to find the tear. We went to the doctor that WCI said we had to go. The dr stated that he needed surgery to repair the damage. Yesterday, 1/16/19, WCI stated that... Read more »

Ilene Stacey King answered on Jan 17, 2019

Your husband needs an experienced workers' compensation lawyer to force the insurance company to do what they are supposed to do. If the authorized physician recommends surgery, the insurance company has to provide the surgery. If they refuse, a lawyer would request a hearing to have a workers'... Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I fell at work on Friday, was in a little pain but ok. Now it's Sunday, can I go to ER and file WC on Mon.?

Will WC pay for the visit to ER before papers are filed?

Ilene Stacey King answered on Jan 13, 2019

In general, the workers' comp insurance carrier will only pay for treatment that they or the employer authorize. It's not a question of papers being filed but of approval before your go. There is an exception for true emergency treatment. If you don't get approval ahead of time, the ER visit may... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: Does SC workers comp ask for settlement money back for an accident that i wasn't at fault for?

Ilene Stacey King answered on Dec 17, 2018

Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are getting a... Read more »

2 Answers | Asked in Workers' Compensation for South Carolina on

Q: I had my mmi August and it’s December and I just got my mmi rating from lawyer which I didn’t like the doctor said I

Needed surgery to remove pins but pins was already removed. Can I still get a second mmi rating. I feel like my wrist is injured more then 14% I barely have motion in wrist and I can’t lift over 10 pounds without hand shaking . And the workers comp doctor put me at a full restriction

Ilene Stacey King answered on Dec 8, 2018

Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours.... Read more »

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2 Answers | Asked in Workers' Compensation for South Carolina on

Q: Is it necessary to hire a lawyer for my workers' compensation claim?

Ilene Stacey King answered on Dec 4, 2018

You are not required to have a lawyer but if you have more than a minor injury you will very probably benefit from having representation. Some things to be considered are whether the claim is admitted or denied, the complexity of the legal issues involved, and the nature and extent of the injury,... Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I was working 2 jobs at the time I got hurt. I only got hurt on one job but was still working at another but restricted

My doctor said it was ok for me to continue my other job but was put on light duty. I had surgery a year later then that's when I started to receive workers comp checks because I couldn't work my job that I didn't get hurt at. Am I supposed to get compensated for both jobs while out or no? Also I... Read more »

Ilene Stacey King answered on Oct 7, 2018

If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I was hurt on the job. Had to have surgery and was receiving workers comp checks. Now all of sudden I didn't receive it.

I tore my rotator cuff on the job. Was put on light duty for a year before I had to have surgery. When I went for surgery the doctor didn't repair the tear but shaved my bone. I am still out of work and was receiving workers comp checks. But now I didn't receive a check for the week. Is it possible... Read more »

Ilene Stacey King answered on Oct 6, 2018

It is very unlikely your checks have been stopped. After 150 days from a reported injury, the insurance company is not permitted to stop your check unless you agree on a written form (Form 17) or they get permission from the Workers' Compensation Commission at a hearing which they have to request... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on

Q: My father just had his work comp case closed, but he cannot meet the requirements for his job because of the injury.

What are his options? He has only done receiving and shipping work all his life. He cant lift more than 25lbs with his arm now an that is with pain still.

Ilene Stacey King answered on Aug 28, 2018

By closed, do you mean he has settled his claim? Does he have a lawyer? If he has settled his claim, his options may depend on how the claim was settled. Depending on the circumstances, there may not be much else he can do except apply for social security disability. If he has not settled his... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: No benefits seems that any treatment needed by me from the accident has stopped. Knee & Back issues sti

Ilene Stacey King answered on Aug 23, 2018

If you had a work injury in South Carolina and benefits or medical treatment has stopped, you need to speak with an experienced South Carolina workers compensation lawyer as soon as possible. If you already have a lawyer, discuss the situation with your lawyer. If you do not yet have a lawyer, a... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I was hurt at work in Oct of 2017 in NC but moved to SC I am on workman's comp but do I have a case for a settlement

I have not worked since Jan of 2018 I do get a check from workman's comp but I have been having to continuesley play phone tag with doctors and insurance.

Ilene Stacey King answered on Aug 20, 2018

It sounds like you have a North Carolina case. Moving to South Carolina does not change that you were hurt in North Carolina. Unless your company is located in South Carolina or you were hired in South Carolina, you do not have the option of a South Carolina claim. And, it sounds like you have... Read more »

1 Answer | Asked in Workers' Compensation, Construction Law and Insurance Defense for South Carolina on

Q: independent contractor or subcontractor for workman’s comp

I’m a homeowner trying to have a shed built. Anyone I’ve interviewed does not carry workman’s comp insurance. I believe if an employer has more than 4 employees they must carry workman’s comp but in reality that is not often. Can a company I hire to build a shed be classified as an... Read more »

Ilene Stacey King answered on Aug 9, 2018

Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you... Read more »

2 Answers | Asked in Workers' Compensation for South Carolina on

Q: I work at the chicken farm. Yesterday I fell threw a broken drain and hurt my ankle and back. I seen the nurse at work

Have not been to ER but still in pain today. Do I have a workers comp case?

Ilene Stacey King answered on Jul 24, 2018

This is posted as a South Carolina workers' compensation question, however, it indicates the question came from Coral Gables, Florida. If you were hurt in South Carolina, yes, you may have a South Carolina workers' compensation claim. If you were hurt in Florida, you need to ask your question of... Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I started a job in S.C. and they want me to sign a paper stating they do not have workman's comp

Is this legal?

Ilene Stacey King answered on Jul 22, 2018

Generally, an employer in South Carolina with 4 or more employees is required to have workers' compensation coverage. An employer who is required to have coverage can not make an employee waive his/her right to worker's compensation coverage. Giving you a piece of paper that says they don't have... Read more »

2 Answers | Asked in Workers' Compensation for South Carolina on

Q: Do you have to return to work after a workers comp class closes? Or can I find a different job to have?

Ilene Stacey King answered on Jun 26, 2018

You are free to find a different job. Sometimes, there are situations where it is best not to change jobs while a workers' comp claim is pending, but after your case closes, there are no reasons to not look for a new job. Good luck in your job search!

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1 Answer | Asked in Workers' Compensation for South Carolina on

Q: can I leave my job after being released by a doctor? Also will it hurt to close my claim if I do?

I work for Fedex and got hurt. My boss told me I wouldn’t ha e my route back when I returned and that makes me not want too. Before I got hurt I also told my supervisor that I was going to become part time in the future. With him knowing this I formation I believe it won’t hurt my claim when I... Read more »

Ilene Stacey King answered on Jun 25, 2018

The answer to this question is very fact specific. You've given a good bit of information but there are more details necessary to provide an answer. If you have a lawyer, you should discuss this with your lawyer. If you are not represented, you should consult with an experienced South Carolina... Read more »

2 Answers | Asked in Workers' Compensation for South Carolina on

Q: Can workers comp pay (66 2/3) be based on the initial injury compensation?

I tore my meniscus last year and had surgery. I received workers compensation during my time out of work while I healed/rehab. I returned to work and was working full time for 9-10 months. I had complications and needed a second surgery this year to clean up some more torn meniscus. I am out again... Read more »

Ilene Stacey King answered on Jun 25, 2018

Generally, workers' compensation benefits in South Carolina are based on the rate of pay at the time of the injury. The rate is not adjusted for later salary changes. If your future surgery is part of the original claim, the adjuster is correct - your rate is the same as it was when you first got... Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on

Q: Gdm I had a workman Comp case that was settled.. but I now have reoccurring pain & I no longer live in New Jersey

I reside in SC( my old company has a location here) Although I work for the USPS... can they Workman comp case lawyer for my old employer set me up here in Sc for treatment.. my New Jersey lawyer said I’d have to go back & forth??? Help time is ticking & pain is still here

Ilene Stacey King answered on Jun 14, 2018

I'm guessing you had a NJ workers' comp claim, since you had a NJ lawyer. If you had a NJ workers' comp claim, the answer to your question depends on NJ workers' comp law. As a SC lawyer, I can't advise you on NJ law and I have no idea if your lawyer is correct that you have to travel back and... Read more »

2 Answers | Asked in Workers' Compensation for South Carolina on

Q: My husband has a SC workers comp claim which was approved for settlement on March 20, 2018.

He was sent a letter from his lawyer stating he would receive a settlement check in 3-4 weeks. It is going on 9 weeks and now emails and calls to the lawyer are unanswered. What do we do now? He thought he did the right thing hiring a lawyer but now he feels as if he is being avoided. Where do we... Read more »

Ilene Stacey King answered on May 23, 2018

There is no set time frame or limit. Once a claim is settled, the time it takes to officially conclude the case varies. I find the average is about 10 days to 3 or 4 weeks from the date that the settlement is reached/agreed to, however, some cases do take much longer. There are many variables.... Read more »

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