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Questions Answered by Carole Jean Hayes
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
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
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
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
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... 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
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
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
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... 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
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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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

Carole Jean Hayes
Carole Jean Hayes answered on Mar 7, 2018

I cannot tell exactly what is going on via your post. Generally, if you are on light duty restrictions per an authorized, treating physician, you are entitled to weekly benefits. It does not matter if the plant closed down as the insurance company is on the hook for your entire claim. I would... 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?
Carole Jean Hayes
Carole Jean Hayes answered on Feb 14, 2018

If you only have one employee, in South Carolina you do not need to have workers' compensation insurance.

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1 Answer | Asked in Personal Injury for South Carolina on
Q: My child case settled for 22,500 after fees/bills will receive 13,900 does all of it have to go in structured settlement
Carole Jean Hayes
Carole Jean Hayes answered on Feb 11, 2018

None of it has to be a structured settlement unless you agree to structure the settlement. Given the amount of the settlement, this will have to be Court approved as it involves a minor child. Also, a conservator will need to be appointed to manage the funds given the amount. There is also a... Read more »

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 »

Carole Jean Hayes
Carole Jean Hayes answered on Feb 2, 2018

False. Call one of us and without charging, we can explain exactly how we can maximize your recovery. Further, your injury is worthy of compensation; your claim matters.

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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 »

Carole Jean Hayes
Carole Jean Hayes answered on Feb 1, 2018

Yes, you can aggravate a preexisting injury so it is compensable. This sounds like a major accident with serious injuries. Please call an attorney who represents people like you who have been injured on the job. It is free and you are going to need legal representation. If you speak to one of... 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?

Carole Jean Hayes
Carole Jean Hayes answered on Jan 29, 2018

You do have options. He can get his treatment in Texas, it just has to be addressed with the adjuster or opposing counsel. Really should speak to one of us on Justia so we can explain your options.

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1 Answer | Asked in Personal Injury and Traffic Tickets for South Carolina on
Q: My daughter was stopped for busted headlight on passenger side but it still works and it was 5pm daylight hours

Gave her a ticket for 234.00,nothing is hinging its just cracked out. Why he stopped her she didn't need the light cause it was daytime and it does work at night when needed.

Carole Jean Hayes
Carole Jean Hayes answered on Jan 28, 2018

Wow. It is faulty equipment; however, that's really odd that one would get pulled over for that alone. I have little doubt that if you go to the hearing, it will get significantly decreased or dropped based upon the fact it was day light.

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for South Carolina on
Q: I was involved in an auto accident on 9/29/17. Is it too late to file a personal injury suit? My pain has worsened since

In addition, though I was not at fault and did not receive a citation, my driving record is showing me at fault causing my insurance rate to increase. How do I fix this?

Carole Jean Hayes
Carole Jean Hayes answered on Jan 24, 2018

In TN, you have three years within which to file and serve a lawsuit (there are some exceptions such as if the at-fault party works for a municipality...). There are a few issues i can already see such as have you gone to the doctor yet? If not, that could be an issue. You really should simply... Read more »

2 Answers | Asked in Workers' Compensation for South Carolina on
Q: employer asked me not to file workers comp when I was bit by spider and now they won't pay hospital bills?

Place is covered with black widows and employer told me to go to ER.

Carole Jean Hayes
Carole Jean Hayes answered on Oct 16, 2017

In South Carolina, the employer is responsible for payment of related medical bills pursuant to the workers compensation act. There are many issues that can easily be addressed in a quick consult. We can certainly assist.

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2 Answers | Asked in Workers' Compensation for South Carolina on
Q: Was injured playing baseball on our office league team - can I file for workers comp?
Carole Jean Hayes
Carole Jean Hayes answered on Aug 25, 2017

When participating in work related activities, injuries very well may be compensable. There are many considerations and you should certainly contact a workers' compensation attorney. We do not charge for consultations and chances are you have a claim.

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1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Pennsylvania on
Q: looking for info on my medical bills and work release for 1986-1987 Taylor Beef packing company.how can i find this

need for a job even though i have been working since then. this is in pa. had carpel tunnel done in ny.

Carole Jean Hayes
Carole Jean Hayes answered on Aug 22, 2017

In all honesty, you may not be able to secure these records because they are so old. Have you called the physician's office? Regardless of whether the physician is still practicing there, they may have converted the records and have them stored electronically. However, they are so old they... Read more »

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