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South Carolina Workers' Compensation Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... 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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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... Read 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... 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 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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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 »

Ilene Stacey King
Ilene Stacey King answered on Feb 1, 2018

Generally, yes. You can include a re-injury in your new claim. Pursuing benefits for a re-injury can be a little tricky so you should consider having representation on your claim. A free consultation is a good place to start. I encourage you to reach out soon to have have a conversation with an... 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 Workers' Compensation for South Carolina on
Q: I was hurt 9/21/2017 on my job have been out work more than 7 days.workmanscomp denied. Injured again by coworker 1/17

Denied workmanscomp for 9/2017 what is the law for this

Ilene Stacey King
Ilene Stacey King answered on Jan 21, 2018

Sorry to hear of your injuries. Much more information is required to answer your question. Your best first course of action is to take advantage of a free consultation with an experienced workers' compensation lawyer. I notice you reside in NC but the question is posted to SC workers... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Is an employer allowed to accompany you to a dr appt and go into the exam room with you to determine if there is a

Workman’s comp claim?

Ilene Stacey King
Ilene Stacey King answered on Jan 9, 2018

Another person is allowed in the exam room only if you permit it. You are NOT required to permit your employer to accompany you in to the exam room. You have a right to a private exam. If you objected and the doctor let the employer in anyway, that would be a HIPPA privacy violation. If you did... Read more »

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