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South Carolina Workers' Compensation Questions & Answers
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
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... View 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
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.... View 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... View 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... View More

Ilene Stacey King
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... View 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... View More

Ilene Stacey King
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... View 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
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... View 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
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... View 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
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... View More

1 Answer | Asked in Car Accidents and Workers' Compensation for South Carolina on
Q: I am w/c from an auto accident at work. If I were to die, does my wife still have the ability to get some settlement.

I have incurred about $30K in medical bills in the last year, I have 2 herniated disc, doctor thinks I will need injection for rest of my life.

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2018

You need a good workers comp attorney. Contact Carl Jacobson in Charleston. Tell him I gave you his name. He'll address other claims besides comp you may have, etc. He gives free consultations. If you need his phone give me a ring.

All the best.

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... View More

Ilene Stacey King
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... View 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
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... View 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
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... View 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?
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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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... View More

Ilene Stacey King
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... View 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... View 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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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
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... View 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... View 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... View More

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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... View 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... View 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... View 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... View 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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