South Carolina Questions & Answers by Practice Area
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South Carolina Questions & Answers
Q: If I had carpel tunnel surgery
2 Answers
| Asked
in
Workers' Compensation and Personal Injury
for
South Carolina
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ilene Stacey King's answer
I see you live in NC but you are asking about a SC claim. In SC, if your carpal tunnel injury is work related you are entitled to the following workers' compensation benefits: 1) medical treatment; 2) weekly benefits if you are written out of work by the authorized doctor; and 3) compensation for any permanent problem you have as a result of the injury.
If your carpal tunnel claim has been accepted as compensable, your surgery will have been authorized and paid for by the employer's...
I see you live in NC but you are asking about a SC claim. In SC, if your carpal tunnel injury is work related you are entitled to the following workers' compensation benefits: 1) medical treatment; 2) weekly benefits if you are written out of work by the authorized doctor; and 3) compensation for any permanent problem you have as a result of the injury.
If your carpal tunnel claim has been accepted as compensable, your surgery will have been authorized and paid for by the employer's...
Q: I was hurt at work found out they don't have WC. They pd for 2 drs visits then fired me. What can I do
Ilene Stacey King's answer
If your employer regularly employs at least 4 employees, they are required to have workers' compensation coverage and are in violation of the law if they do not, in which case they can be fined by the South Carolina Workers' Compensation Commission. In that situation there is an Uninsured Employers Fund (UEF) which steps in to cover the claim. However, UEF usually requires the claim to be proven at a hearing in front of a workers' compensation commissioner before they will pay anything....
If your employer regularly employs at least 4 employees, they are required to have workers' compensation coverage and are in violation of the law if they do not, in which case they can be fined by the South Carolina Workers' Compensation Commission. In that situation there is an Uninsured Employers Fund (UEF) which steps in to cover the claim. However, UEF usually requires the claim to be proven at a hearing in front of a workers' compensation commissioner before they will pay anything....
Q: Hi, I am currently on Workmans Comp. and was going to see about disability. Could workmans comp stop paying me if I did?
Ilene Stacey King's answer
You can get both workers' comp and Social Security Disability, but often it is better to wait until you settle your workers' comp claim. Workers comp will not stop paying you weekly benefits if you qualify for Social Security Disability, however, Social Security Disability payments are offset - meaning reduced - by workers' comp payments. If you qualify for Social Security Disability you will be eligible for Medicare, but there is a waiting period. Medicare is what is called a secondary...
You can get both workers' comp and Social Security Disability, but often it is better to wait until you settle your workers' comp claim. Workers comp will not stop paying you weekly benefits if you qualify for Social Security Disability, however, Social Security Disability payments are offset - meaning reduced - by workers' comp payments. If you qualify for Social Security Disability you will be eligible for Medicare, but there is a waiting period. Medicare is what is called a secondary...
Q: I was injured at work sat and fired Mon. She won't report my shoulder arm injury. I'm hurt and scared. What do I do?
1 Answer
| Asked
in
Workers' Compensation and Employment Discrimination
for
South Carolina
on
Answered on Jun 16, 2017
Answered on Jun 16, 2017
Ilene Stacey King's answer
To fully answer your questions, discuss your options, and advise how to best protect your rights, more information is needed. You need to contact an experienced workers' compensation lawyer. Don't wait, because delay can make it more difficult to prove your claim or you could lose certain rights. Most of us who practice workers' compensation in South Carolina offer a free consultation. It won't cost you anything to have a conversation with one of us, and the sooner the better. In that...
To fully answer your questions, discuss your options, and advise how to best protect your rights, more information is needed. You need to contact an experienced workers' compensation lawyer. Don't wait, because delay can make it more difficult to prove your claim or you could lose certain rights. Most of us who practice workers' compensation in South Carolina offer a free consultation. It won't cost you anything to have a conversation with one of us, and the sooner the better. In that...
Q: Mother is unwed in S. Carolina, kicked out of the house by father of child, wants to leave state to be with family
Tobie Brina Waxman's answer
This question needs to be answered by someone familiar with family law/custody laws in the State of South Carolina.
This question needs to be answered by someone familiar with family law/custody laws in the State of South Carolina.
Q: I was injured on the job in December 2016, it is a shoulder injury. I went to the dr that day.
1 Answer
| Asked
in
Workers' Compensation and Employment Discrimination
for
South Carolina
on
Answered on May 29, 2017
Answered on May 29, 2017
Ilene Stacey King's answer
You have a workers' compensation claim for your shoulder injury and it sounds like you are receiving authorized medical treatment. If you are still having problems after this long a time, an MRI might be in order and you might benefit from a referral to an orthopedic doctor. Because you have been terminated while at restricted duty status, you might be entitled to be paid weekly benefits. Once you reach maximum medical improvement, you may be entitled to be compensated if you have a...
You have a workers' compensation claim for your shoulder injury and it sounds like you are receiving authorized medical treatment. If you are still having problems after this long a time, an MRI might be in order and you might benefit from a referral to an orthopedic doctor. Because you have been terminated while at restricted duty status, you might be entitled to be paid weekly benefits. Once you reach maximum medical improvement, you may be entitled to be compensated if you have a...
Q: How do I find a medical malpractice lawyer? Knee Replacement?
Peter Munsing's answer
Not necessarily malpractice,but why not call Carl Jacobson in Charleston. Tell him I suggested you call.
Not necessarily malpractice,but why not call Carl Jacobson in Charleston. Tell him I suggested you call.
Q: Should I just pay my ticket and risk it following me back to my state?
Amanda Bowden Houser's answer
You should do neither. You should hire a local traffic attorney to resolve this for you.
You should do neither. You should hire a local traffic attorney to resolve this for you.
Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.
1 Answer
| Asked
in
Military Law, Civil Rights and Criminal Law
for
South Carolina
on
Answered on May 20, 2017
Answered on May 20, 2017
Robert Donald Gifford II's answer
The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
Q: Do I have to have the court in SC to "appoint" me personal representative of a trust in which my mom named me her rep?
Dr Kenneth V Zichi J.D.'s answer
Trusts don't have 'personal representatives' they have trustees. ESTATES have personal representatives, and the Court needs to appoint them. It sounds like you've mixed up a couple of issues here, and you'd likely benefit from an appointment with a local estate planning / probate attorney to review things and make sure you are on the right track of taking care of things properly.
Depending on what needs to be done this could be as simple as a single office conference that will not cost...
Trusts don't have 'personal representatives' they have trustees. ESTATES have personal representatives, and the Court needs to appoint them. It sounds like you've mixed up a couple of issues here, and you'd likely benefit from an appointment with a local estate planning / probate attorney to review things and make sure you are on the right track of taking care of things properly.
Depending on what needs to be done this could be as simple as a single office conference that will not cost...
Q: My husband passed away 7 years ago with a mortgage in his name only that is now in default. Can they take my new home?
D. Nathan Davis' answer
The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of the debt. Of course, the lender will likely be able to take the property and sell it to pay itself as much as possible.
You need to retain an attorney to protect your interest as you may be...
The issue is whether you were liable for the repayment of the money. This is done in most instances by a separate note so that a lender can go after someone, even if the property becomes worthless. Simply inheriting the interest of your deceased spouse does not make you liable for repayment of the debt. Of course, the lender will likely be able to take the property and sell it to pay itself as much as possible.
You need to retain an attorney to protect your interest as you may be...
Q: My husband is charged with criminal solicitation of a minor and posetion of meth in sc will he do time in jail
Freddy Woods' answer
Yes, jail time is possible. It is important for him to consult a criminal defense lawyer of his own choosing and find out what his options are based upon the facts of his case.
Yes, jail time is possible. It is important for him to consult a criminal defense lawyer of his own choosing and find out what his options are based upon the facts of his case.
Q: A friend git charged with DUI she wasn't under the influence at that time she fell asleep at the wheel and wrecked her
Freddy Woods' answer
She definitely needs legal help. A lawyer could challenge the arrest and the video.
She definitely needs legal help. A lawyer could challenge the arrest and the video.
Q: We're personally being sued for a fender bender our insurance already settled. Do we hire a lawyer personally now?
Peter Munsing's answer
You contact the insurance for the church that settled; you also contact your personal car insurance for the time of the wreck.You a)make copies of whatever you got b)make sure each adjuster gets a copy faxed, with claim number of that insurance company at the top of your enclosure letter and on top of the documents sent c)let them handle it--that's why you have insurance!
You contact the insurance for the church that settled; you also contact your personal car insurance for the time of the wreck.You a)make copies of whatever you got b)make sure each adjuster gets a copy faxed, with claim number of that insurance company at the top of your enclosure letter and on top of the documents sent c)let them handle it--that's why you have insurance!
Q: hello,if one car was backing up and 1 backing out but the car that backed out hit the car that was backing up who"s at
Peter Munsing's answer
By backing out I assume you mean from a parking place? Both were at fault. Let the insurance companies hassle it out.
The car backing out has a slightly greater duty as 1)vision impaired 2) entering a lane for traffic.
However if the other car is backing, it is going in a direction that the other driver would not be on the lookout for so to me it's a wash.
By backing out I assume you mean from a parking place? Both were at fault. Let the insurance companies hassle it out.
The car backing out has a slightly greater duty as 1)vision impaired 2) entering a lane for traffic.
However if the other car is backing, it is going in a direction that the other driver would not be on the lookout for so to me it's a wash.
Q: Can I be let go from my job because I'm having surgery and I'm under workers comp at this time
2 Answers
| Asked
in
Workers' Compensation and Employment Law
for
South Carolina
on
Answered on Apr 27, 2017
Answered on Apr 27, 2017
Ilene Stacey King's answer
This is a complicated issue. The short answer is, usually, yes, you can be let go. South Carolina is what is called an employment at will state which generally means an employer can hire or fire for any reason, good or bad, or no reason at all. There are some exceptions.An employer can not hire or fire based on race, gender, age,or permanent disability because that would be prohibited discrimination. Also, an employer can not retaliate against you for pursuing your workers' comp remedies....
This is a complicated issue. The short answer is, usually, yes, you can be let go. South Carolina is what is called an employment at will state which generally means an employer can hire or fire for any reason, good or bad, or no reason at all. There are some exceptions.An employer can not hire or fire based on race, gender, age,or permanent disability because that would be prohibited discrimination. Also, an employer can not retaliate against you for pursuing your workers' comp remedies....
Q: IF I FILL BANKRUPTCY WILL MY JUDGMENTS BE REMOVED OFF MY LICENSE???
D. Nathan Davis' answer
In most situations, a bankruptcy will get the judgment off your license so you can drive legally. The only exception is drunk driving without insurance. Many times you can get your license back once you file and not wait until you obtain your bankruptcy discharge.
In most situations, a bankruptcy will get the judgment off your license so you can drive legally. The only exception is drunk driving without insurance. Many times you can get your license back once you file and not wait until you obtain your bankruptcy discharge.
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