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Questions Answered by Carole Jean Hayes

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 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 it." You need... 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 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 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 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 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 have to handle... 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 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 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 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 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 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 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 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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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 »

Carole Jean Hayes answered on Jun 21, 2018

The adjuster is correct if this is still part of the original injury. There was not a second incident/accident that aggravated the knee???? If not, you are stuck with the same compensation rate.

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2 Answers | Asked in Personal Injury and Car Accidents for South Carolina on

Q: A guy runs a red light and T-Bone you. Can you sue his insurance company and do a personal suit against him?

Carole Jean Hayes answered on Jun 14, 2018

This is the way it generally works: You make a claim, without filing a lawsuit, with the automobile insurance company that insures the vehicle that the at-fault driver was driving. In other words, the insurance follows the vehicle. If they do not offer you what you want, then you file a lawsuit... Read more »

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1 Answer | Asked in Car Accidents for South Carolina on

Q: Can a sheriff have a vehicle towed,in SC after car breaking down for only 45mins.

We also ask to pay towing fee of $240 and they vehicle was only left less than 1hour can they do this

Carole Jean Hayes answered on Jun 11, 2018

Unfortunately, without some kind of extenuating circumstances, they can do this as it impedes the flow of traffic. Check on your policy to see if you have towing coverage.

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 »

Carole Jean Hayes answered on May 23, 2018

It can take anywhere from a few days to a month. I am not sure what is taking 2 months....it certainly could happen. Obviously, you need to talk to your attorney. I am sure if you call your attorneys' office and let them know that you are "confused" about where your money is, you will get a... Read more »

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1 Answer | Asked in Personal Injury for South Carolina on

Q: My daughter got burned by Grill in our complex they're asking to do an injury report in front of a cop.is that ok

Carole Jean Hayes answered on May 3, 2018

You really need to get an attorney. I would recommend that you do not give a statement until you speak to an attorney. It will not cost you a dime to talk with one of us so that we can protect and represent your daughter.

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

Q: I went to the er for a scratched cornea and before I left work me and my boss called to report my injury and I filled

An incident report but I wasn’t told to go to a specific emergency room and I also talked to my boss upon entering the er and afterwards I was out of work for about a week but upon returning I found out the er I went to wasn’t part of their workers comp and they used my accumulated sick time to... Read more »

Carole Jean Hayes answered on Apr 27, 2018

Generally, when you injure yourself while working, you are entitled to 66% of your average weekly wages if you miss more than 7 days. The insurance company is also responsible for directing and payment of your causally-related medical treatment. If you had to go to the ER immediately after given... Read more »

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 »

Carole Jean Hayes answered on Apr 3, 2018

You really do need to get an attorney. Whatever money you have been offered by insurance company will be yours without an attorney fee. The attorney is entitled to 1/3 of anything over and above what you have already been offered. So, that having been said, why don't you just call one of us on... 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?

Carole Jean Hayes answered on Mar 23, 2018

Short answer: If you were hurt while working for your employer and you were helping him do his work at simply another location per direction , you are covered by the Workers Comp Act. You will most probably need a lawyer because they will probably deny given the facts.

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