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Questions Answered by Carole Jean Hayes
1 Answer | Asked in Child Support and Workers' Compensation for South Carolina on
Q: I have a workers comp settlement awarded how much of that settlement can be garnished for back child support in SC
Carole Jean Hayes
Carole Jean Hayes answered on Aug 8, 2020

You are not going to like my answer but I believe 100% of it can be garnished for past child support. This is a big exception to the usual practice of no assignments on a worker's compensation settlement. I wish you the best.

Carole

1 Answer | Asked in Car Accidents and Insurance Bad Faith for South Carolina on
Q: When I file a complaint in the court of common pleas in SC, how long after do I have to wait to send my interrogatories?

I had to file a lawsuit against two drivers that collided with eachother. I was at the red light when they hit each other and ended up hitting my car. Both of their insurance companies are disagreeing on the liability so my car is a total loss and has not been replaced and my medical bills are... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Apr 27, 2020

Some people actually send the discovery requests with the complaint when it gets served. I would suggest waiting until they file an answer, wherein they will probably deny everything, and then send the interrogatories, request for production of documents and anything else you might want to send... Read more »

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes answered on Apr 21, 2020

I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... Read more »

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1 Answer | Asked in Car Accidents for South Carolina on
Q: Took keys & drove car. Got into accident. Not on their insurance. But ins. Wants them to file theft but they won't.

Can ins. Comp. Have me arrested

Carole Jean Hayes
Carole Jean Hayes answered on Mar 24, 2020

If he was a permissive user, that means he had permission to use the car by the owner, or someone who had permission by the owner, he may be okay. The insurance company wants you to file charges against him so they don't have to pay the claim. If you contact an attorney I'm sure they... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: Can an insurance com.have someone arrested for taking a family members and getting into an accident.
Carole Jean Hayes
Carole Jean Hayes answered on Mar 24, 2020

Other illegal issues aside (drinking while driving, etc.,) If he was using the car with the permission of the owner, then perhaps not. You need to talk to an attorney and give more details but it is possible he will be ok. I wish you well.

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What should I do about receiving a settlement in my account but didnt sign the release form
Carole Jean Hayes
Carole Jean Hayes answered on Mar 12, 2020

It sounds like the insurance company along with its representatives may have failed to have you sign the release. If they ask you to sign it, I would suggest you do so. Any court will make you sign it. Otherwise, there really is no issue although you cannot again make another claim. That would be... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: I backed into somebody car. I was at fault. We talk right there when it happened and agreed to me giving him money later

He did not want to call the cops. Is there anything he can do about it now. He said he is calling the cops and reporting it after the fact. Can he file a claim against me?

Carole Jean Hayes
Carole Jean Hayes answered on Feb 26, 2020

Yes, he can call the police after the fact and have a report made. If he has gotten injured he can make a claim for any injuries and the damage to his car. Your insurance company will pay him, if appropriate, and your premiums will go up a bit.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: My boss told me I was hurt the 18th six months later he overlooked error was hurt 17thcan date be changed?

It was actually in the hospital paperwork I arrived on the 18th at 8 in the morning the accident took place at 8:30 on the 17th I arrived after 9 there's no way I could have been hurt 18th so how hard is it to get the accident date changed my boss is the one that told me the 18th

Carole Jean Hayes
Carole Jean Hayes answered on Feb 3, 2020

That is not completely unusual. Sometimes that does happen. As long as the facts are consistent with regard to what happened, you really should be okay. That is the short answer. I have had that happen many times and when the date is clearly referencing the facts of the accident and it is just... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Aug 12, 2019

If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix... Read more »

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... Read more »

2 Answers | Asked in Car Accidents for South Carolina on
Q: Ran into a mailbox, now I have a warrant!! What to do?

It was 1a.m, I was sleepy, my right headlight was out, I dozed off for a second too long and hit someone’s mailbox.. I didn’t want to wake the people up about the matter; my tire was flattened so I left my car at friends house close by and caught a ride home; my plans were to go back the next... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Jul 1, 2019

I would go to the police department as soon as possible and let them know exactly what happened. The sooner the better.

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1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: I'm Owner, adult son at fault for accident. Plaintiffs asking for more than limits on insurance.

Can they sue me for extra money?

Carole Jean Hayes
Carole Jean Hayes answered on Apr 22, 2019

Plaintiff attorneys often ask for more than policy limits even when we know the case may not be worth that much. So that does not automatically mean the case is worth that much. If the injured party has under-insurance coverage that would be next in line. For them to get money from you... Read more »

1 Answer | Asked in Car Accidents for South Carolina on
Q: My vehicle, adult son had accident. His fault. Vechile insured, he didn't know his lisc was suspended, can I be sued

License suspended because he stopped payments for his car insurance. I was just helping him out since his car was being repossessed (Bankruptcy)

Carole Jean Hayes
Carole Jean Hayes answered on Apr 22, 2019

Your auto insurance "follows the car" so as long as he was using your car with your permission, your insurance will pay for any claims that might be made against your policy by anyone alleging damages. The fact that he did not have a driver's license is a separate issue that he will... Read more »

2 Answers | Asked in Personal Injury for South Carolina on
Q: I was injured 3x on dangerous property conditions on a lot I rent for a rv. Since I live here and not visiting, liabi
Carole Jean Hayes
Carole Jean Hayes answered on Apr 2, 2019

I do not think you finished your post! However, if you are aware of a negligent condition you will have a problem trying to sue if that is where you are going with this.....can't tell. I wish you well.

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1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: Is there a statute of limitations for animal cruelty in South Carolina?

I took my neighbors dog from her 9 months ago because the dog was emaciated and had heat spots, the dog was kept in a burn barrel. Need to know if I can still call police and report her. Have pictures and all

Carole Jean Hayes
Carole Jean Hayes answered on Mar 13, 2019

Absolutely call the police and the humane society. There is no statute of limitations on doing either.

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 »

Carole Jean Hayes
Carole Jean Hayes answered on Jan 17, 2019

Short answer, you need an attorney and I think you probably know that. Your attorney needs to let the adjuster know what the authorized treating physician ordered: surgery. If they want a second opinion, fine, but sending him to PT has not been ordered and could make him worse. If an attorney... Read more »

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Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help

Carole Jean Hayes
Carole Jean Hayes answered on Jan 15, 2019

The fact that your employment has ended does not change or have any impact on whether you have a workers compensation claim. You have to report it within 90 days, and you need to get the injury documented by a physician. Walmart needs to send you to a physician and if they will not, then you need... 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?
Carole Jean Hayes
Carole Jean Hayes answered on Dec 4, 2018

It is if you have a claim worthy of protecting! In other words, if your accident involves a relatively small injury; e.g., a paper cut, then you do not need an attorney. If you are going to need medical treatment, be out of work or have other issues that would tend to evidence a more involved... Read more »

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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?

Carole Jean Hayes
Carole Jean Hayes answered on Jul 25, 2018

Yes. However, you need to report this accident and ask them to send you to a doctor. I would contact an attorney and speak to them (there is no charge) about this matter. Raeford is known for being very difficult to deal with and you will need representation to secure the benefits that you will... Read more »

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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?
Carole Jean Hayes
Carole Jean Hayes answered on Jun 26, 2018

You can find a different job. We are an employment-at-will State, which means you can quit and leave a job anytime you like, as long as you do not have an employment contract.

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