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South Carolina Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation and Personal Injury for South Carolina on
Q: If I had carpel tunnel surgery

If I had carpel tunnel surgeryin both hands and get her at work what I get any money besides Worker's Comp.

Ilene Stacey King
Ilene Stacey King
answered on Jun 22, 2017

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... View More

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1 Answer | Asked in Workers' Compensation for South Carolina on
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
Ilene Stacey King
answered on Jun 20, 2017

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... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Hi, I am currently on Workmans Comp. and was going to see about disability. Could workmans comp stop paying me if I did?

I was injured March 2015 at work. I am still doing Physical therapy and have had 5 surgeries. The last being May 26 2017. The place I worked for let me go the last day of May. I need to buy my meds that aren't covered by workmans comp so I was going to see about Social Security Disability. Can... View More

Ilene Stacey King
Ilene Stacey King
answered on Jun 20, 2017

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... View More

1 Answer | Asked in Workers' Compensation and Employment Discrimination for South Carolina on
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?

She tried to make it that I quit. She said I accept your notice. I said I'm not giving a notice. We said this 2 or 3 times and said she wasn't going to argue and get my things and leave.

Ilene Stacey King
Ilene Stacey King
answered on Jun 16, 2017

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... View More

1 Answer | Asked in Workers' Compensation and Employment Discrimination for South Carolina on
Q: I was injured on the job in December 2016, it is a shoulder injury. I went to the dr that day.

The Dr put me on work restrictions, since then i was wrote up twice and terminated yesterday May 28, 2017, while still on Dr's care. Is this enough for a case? I've never had a mri or xray only a steroid shot, ibuprofen, and physical therapy.

Ilene Stacey King
Ilene Stacey King
answered on May 29, 2017

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... View More

2 Answers | Asked in Workers' Compensation and Employment Law for South Carolina on
Q: Can I be let go from my job because I'm having surgery and I'm under workers comp at this time
Ilene Stacey King
Ilene Stacey King
answered on Apr 27, 2017

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... View More

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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Who decides how much your workers comp payments will be?
Ilene Stacey King
Ilene Stacey King
answered on Apr 14, 2017

If you are referring to weekly payments, in a South Carolina claim, the amount is controlled by the workers' compensation law in south Carolina. You are entitled to receive 66.667% (2/3) of your average weekly wage (AWW). The AWW is determined by looking at what you earned in the four... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: I was hit by a van at work while doing my job. Do I have to pay them back for doctor bill from my sued
Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

You should consult a member of the SC Assn for Justice who handles comp and injury cases. I suggest you contact Carl Jacobson in Charleston. He gives free consultations. Tell him I sent you. Generally your suit would include the amount of money comp may ask for.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: If I'm a part time employee am I still covered under workers comp?
Ilene Stacey King
Ilene Stacey King
answered on Feb 10, 2017

Yes. If your employer has or is required to have workers' compensation coverage, you are covered even if you only work part time. An employer is required to have coverage if they regularly employ four or more employees in the business. I hope this helps.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: Hi...I was a No Call-No Show for 2 days for which I had WC appts scheduled 4 hrs later from shift start

The company's No Fault Attendance Policy may terminate me for having 2 No Call-No Shows in a 12 month period. Does WC protect me in any way OR should I have called in to at least let my supervisor or management know my whereabouts each of these 2 occurrences. I did let them know ahead of... View More

Ilene Stacey King
Ilene Stacey King
answered on Feb 7, 2017

I'm sorry to have to tell you that your concern is correct. You can be fired for violating company policy, even when you have a workers' comp claim. South Carolina is an "employment at will" state which basically means that, except for illegal discrimination, an employer can... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: Work comp injury, two opinions by two specialist that are completely the opposite, work comp want pay for third opinio.

Ones says surgery, the other says surgery could cause death or permanent paralysis. Am i entitled to a third opinion

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2017

You don't have to have the surgery. Contact attorney Carl Jacobsen in Charleston. He gives free consults, is super experienced, he'll steer you right. Give him my regards.

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: In April 2014 I fell at work and broke my shoulder. WC paid for two surgeries. In May I was laid off.

I left and took s job in SC. My shoulder did not heal. I had a total replacement. It also failed. I have minor use of left arm and moderate to severe pain. Am I entitled to a financial settlement ?

Ilene Stacey King
Ilene Stacey King
answered on Feb 3, 2017

I'm a little unclear whether you were hurt in SC or hurt elsewhere before you took a job in SC. If you have a SC workers' comp claim, with the permanent problem you appear to have as a result of your work injury, you would be entitled to be compensated. It's called permanent... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: wrist and hand injured on the job, surgery done,owner said i'm not covered under WC (found out he didn't even have WC)

advised him that he was in violation of state Workman's compensation laws, he said he would pay the remaining 20% of what MY insurance didn't pay. said he would have legal document drawn up to cover entire injury from initial time of injury up to surgery and rehab and any later medical... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

Contact Charleston's pre eminent workers compensation attorney, Carl Jacobson , 823-723-7891. Tell him I suggested you call.

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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I broke my elbow at work. The Dr is awful. I need to go to another Dr. But they say no. What do I do?
Andrew "Andy" Potter
Andrew "Andy" Potter
answered on May 6, 2015

You need to speak with an experienced workers compensation lawyer in your area immediately. He or she can get you to another doctor and also make sure that your rights under the SC workers compensation law are protected. Hire an attorney immediately.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I was subpeoned to appear in court on 12/6/12 at noon. I received a phone call that the time was changed to 8:30 at 9:45

On the 6th. I was unable to comply because of work issues. Also, how was I to comply at 9:45am for an 8:30am case. I am now being told that the county commissioners will put out a warrent for my arrest for not attending the hearing. Is this possible? Also, the claiment in the workers comp case... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Dec 17, 2012

Call the attorney who sent the subpoena and arrange to be there for next date if there is one. Please remember the Court and the attorneys are at the will of other trials and other legal cases beyond their control-never ignore a subpoena. Get in touch with the firm and see if a new date can be... View More

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I'm becoming crippled . Can I sue the company I have worked for for 29 yrs? My feet are collapsing.
Evan Guthrie
Evan Guthrie
answered on Jul 3, 2012

Contact a workers comp attorney as soon as possible for more help.

Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury...
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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Got injured at work and fractured left elbow and I am now 3% disabled in elbow. Workers comp wants togive me a settlemet

Accident was caused by a metal stub sticking out of the concrete to hold some doors closed. After I injured myself the property owners have cut these off, do I have a case

Gary Christmas
Gary Christmas
answered on Mar 10, 2011

First, the 3% you were given by your doctor is likely impairment (which is a medical determination) and not disability (which is a legal determination). Your disability is likely greater than your impairment. If your doctor is recommending future medical treatment you usually should not settle... View More

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