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Questions Answered by Ilene Stacey King
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
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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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: My husband hurt his back on the job in August of 2016. He was released from doctor in May 2017 but still having issues.

He had a review in front of a commissioner in September 2017 which suggest to him to have another evaluation by an orthopedic doctor which was in the room maybe 5 or 10 minutes and said he was fine. the set up another review with another commissioner over the phone. He felt like he had go agree... Read more »

Ilene Stacey King
Ilene Stacey King answered on Apr 5, 2018

Your husband is going to need a lawyer to get the best outcome on his claim. It sounds like there is a serious issue regarding the need for more treatment as surgery has been recommended but there are differing opinions. He is right to be cautious about settling at this time. The carrier may have... Read more »

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2 Answers | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: If hurt while working but, your job doesn't require worker's comp insurance can you file a personal injury claim?

On another job site that my employer has a contract with to do a collection and was injured. By law my job is not required to carry worker's comp because there are less then 4 employees. Can this be a personal injury since i wasn't at my job site?

Ilene Stacey King
Ilene Stacey King answered on Mar 23, 2018

An employer with 4 or more employees is required to carry workers' compensation coverage. If your employer was required to have comp coverage, the fact that you were hurt at another location would not prevent a claim - the issue would be if you were doing work within the course and scope of your... Read more »

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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: I was injured at VC summer nuclear plant then plant shut down construction I've been told I can't get ttd ?

Sce&g electric stopped construction so 5600 people were let go I've been off for 7 months and can get a job with the restrictions they have me on and no money coming in

Ilene Stacey King
Ilene Stacey King answered on Mar 7, 2018

Generally, if you have current restrictions from the authorized treating physician, have not reached maximum medical improvement (not released from care/still treating) and are not offered work by the employer, you are entitled to be paid TTD. If you have been laid off, I think that certainly... Read more »

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2 Answers | Asked in Employment Law, Workers' Compensation and Business Law for South Carolina on
Q: I'm a subcontractor in S.C. If I hire me (1) helper and pay him a flat salary, do I have to carry worker's comp. on him?
Ilene Stacey King
Ilene Stacey King answered on Feb 14, 2018

With less than 4 employees in South Carolina, you are not legally required to have workers' compensation insurance. However, as a sub-contractor, the general contractor on jobs you are contracted to do might require you to carry workers' comp coverage. Also, you might want to consider coverage,... Read more »

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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: Knee injury settlement estimate for lateral meniscus tear

I was considering compensation lawyer until I was told that I would not get a big settlement for a meniscus knee injury is that true or false by the time the lawyer gets paid and I get my settlement money it will be a waste of time to have gotten a lawyer and it was better off going through a... Read more »

Ilene Stacey King
Ilene Stacey King answered on Feb 2, 2018

With a serious injury, you will generally do better with representation than you would do without representation. There are things we lawyers can do to help you obtain the best outcome for your claim. A free consultation is a good place to start.

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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: Can I file suit for workers comp years later if the same body part gets hurt on another job again 10 years later?

If patient attacked me and injured my back in 2007. I filed workers comp for it then In 2017 I had a major fall at work which torn my meniscus reinjured my lower back and sprung my ankle. Could my back still be included in my workers comp settlement? I done had knee surgery just want to know how... Read more »

Ilene Stacey King
Ilene Stacey King answered on Feb 1, 2018

Generally, yes. You can include a re-injury in your new claim. Pursuing benefits for a re-injury can be a little tricky so you should consider having representation on your claim. A free consultation is a good place to start. I encourage you to reach out soon to have have a conversation with an... Read more »

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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: Hello my father messed his knee really bad and is needing surgery under workers comp.

Unfortunately he works in south carolina alone and is wanting to get the surgery here, or have someone help do daily task at his home in south Carolina. He prefers treatment down here in texas as he can be with family and not alone during his time of need. Is there anything we can do?

Ilene Stacey King
Ilene Stacey King answered on Jan 30, 2018

This is something that can be requested. In South Carolina, the employer/workers' compensation insurance company controls the treatment, which includes the location of treatment. One of the issues for the insurance carrier may be whether an out of state medical provider will accept payment under... Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I was hurt 9/21/2017 on my job have been out work more than 7 days.workmanscomp denied. Injured again by coworker 1/17

Denied workmanscomp for 9/2017 what is the law for this

Ilene Stacey King
Ilene Stacey King answered on Jan 21, 2018

Sorry to hear of your injuries. Much more information is required to answer your question. Your best first course of action is to take advantage of a free consultation with an experienced workers' compensation lawyer. I notice you reside in NC but the question is posted to SC workers... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Is an employer allowed to accompany you to a dr appt and go into the exam room with you to determine if there is a

Workman’s comp claim?

Ilene Stacey King
Ilene Stacey King answered on Jan 9, 2018

Another person is allowed in the exam room only if you permit it. You are NOT required to permit your employer to accompany you in to the exam room. You have a right to a private exam. If you objected and the doctor let the employer in anyway, that would be a HIPPA privacy violation. If you did... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I worked for a home care company for a couple years. In May 2017 I injured my back and never received physical therapy,

As part of my workman's compensation I was to receive physical therapy. I worked until I couldn't take it anymore and they fired me in October 2017. I need to find out if I can hire a lawyer, even though they closed the case and I continued to work because I needed to work to make ends meat.

Ilene Stacey King
Ilene Stacey King answered on Dec 22, 2017

Yes, you should be able to hire a lawyer. You have 2 years from your date of injury to bring a claim. If by "closed" you mean the insurance company closed their file, that is not the same thing as a case actually closing. Insurance companies often say the case is "closed" when what they mean is... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I was injured on july 12 my supervisor would not fill out a accedent report for almost a month . During that month I saw

a nerosurgen and had a M.R.I. and was told I had a heniated disk. Sedgwick said I had to see there surgen but they have still not gotten me an appointment.today is 12/15 .I have called them 20 times they will not call me back.There doctor said only sedgwick can make the appointment.what can i do

Ilene Stacey King
Ilene Stacey King answered on Dec 15, 2017

You need an experienced workers compensation lawyer. Please reach out to one of us soon. The insurance company will likely keep dragging their feet so you need someone helping you who has experience with how the system works. A herniated disc is a serious injury. You don't want to continue to... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Have a relative killed on the way to work. Is their spouse entitled to worker’s Comp benefits?
Ilene Stacey King
Ilene Stacey King answered on Dec 2, 2017

Generally, traveling to and from work is not considered to be within the course and scope of employment. However, there are some exceptions. It really depends on the facts, so your best way to get an answer to this is to call an experienced workers' compensation attorney for a free consultation.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I am receiving treatment and benefits from a insurance company for workers comp injury. I'm moving out of state.

Will they try to make it impossible for me

Ilene Stacey King
Ilene Stacey King answered on Nov 29, 2017

If you have a South Carolina claim, moving will generally not affect your rights under your claim. You are entitled to continued treatment and benefits. However, logistically, things can become a little complicated. Because the insurance company continues to control your treatment, they will... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: My employer's insurance company said I did not have to see one of their doctors after my injury is that normal?

My employer uses a third-party insurance company name Sedgwick. Sedgwick stated I did not have to see one of their doctors after I reported my on the job injury.

Ilene Stacey King
Ilene Stacey King answered on Nov 17, 2017

No, that does not sound right. If Sedgwick is going to pay the bill, they are going to chose the doctor. If you see your own doctor, it is unlikely that Sedgwick will pay the bill. In order for the visit or treatment to be covered, it has to be authorized in advance by Sedgwick. If the visit is... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for South Carolina on
Q: I slipped in the cooler at work and hurt my knee. I've been getting work comp amd they have payed for all my drs and my

Surgery. What i wont to know is can they let me go while im out of work? The injury happend in july and its November now

Ilene Stacey King
Ilene Stacey King answered on Nov 11, 2017

Unfortunately, yes, it is possible to be terminated while on workers' compensation in South Carolina. The work injury status does not protect your job. South Carolina is an employment at will state. Employees can be terminated for any reason - good or bad - or no reason, with a few exceptions... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Out on workers comp but I have been restricted to 4 hours a day. Does this count towards the 7 days in SC?

Ive missed 70 hours of work so far and the workers comp adjuster is saying I must miss 7 days of work before I can be paid.

Ilene Stacey King
Ilene Stacey King answered on Nov 10, 2017

There is a 7 day waiting period before compensation is owed. It is 7 calendar days so even days you are not scheduled to work (such as weekends or holidays) count. This applies to both partial and total disability. Any day that you do not work a full day counts toward the 7 calendar days. No... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: My comp case worker never appeoves my meds on time,I run out all the time,some of these meds are morphine based and

If my scripts are due on a sat they don't aprove them until mon or tues. My appointed comp lawyer in NY does nothing to help me . I live in SC now can I get a SC comp lawyer to help me

Ilene Stacey King
Ilene Stacey King answered on Nov 8, 2017

If you have a New York workers' compensation claim you need a lawyer licensed in New York. A South Carolina lawyer can not help you or advise you on New York law.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: if I got injured playing arena football, during season should I get compensation for not being able to work.

According to the DR. my options are injections and therapy but will eventually have to have the surgery to repair torn cartilage. If I choose the first option temporarily will they still be responsible for the later when I decide to have surgery?

Ilene Stacey King
Ilene Stacey King answered on Oct 25, 2017

I'm sorry, but I don't know what arena football is. Is that your job? Or was this a recreational outing sponsored by your employer? If your injury was work related, you would have a workers' compensation claim. If you are written out of work by the authorized treating physician, you would be... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: A piece of concrete block fell and hit me in the head at my job.i was knocked unconscious and was rushed to the hospital

Now keep in mind the company I work for deals with only concrete and we drive heavy equipment.and it isnt mandentory for us to wear hard hats.they dont even supply them if we wantdd to wear one.i have 25 Staples in my head and had a stage 3 concussion.i am suffering from severe memory loss and... Read more »

Ilene Stacey King
Ilene Stacey King answered on Oct 18, 2017

You need to immediately contact an experienced workers' compensation attorney. Head injuries are not something you should attempt to handle on your own. Don't delay. Insurance companies rarely do the right thing voluntarily with head injury cases. Take advantage of a free consultation.

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