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Kenneth W Harrell
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Kenneth Harrell’s Answers

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  • I worked for a company in April 2015 and a coworker knocked me down with a forklift. I have had back problems ever since. InJuly

    I was terminated from this job with no warning and was told to unemployment I had an uncooperative attitude. I cannot get unemployment and have been without pay since 7/13/15. I cannot go to the Dr as I have no income.

    Kenneth’s Answer

    You have a tough situation. I don't see a question but I do see your obvious need for a lawyer. I recommend that you call an experienced workers' compensation lawyer first thing tomorrow. It won't cost you to speak with a lawyer and at this point, you have absolutely nothing to lose and possibly much to gain.

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  • Is there a time limit on how long it takes to get mileage reimbursement from a workers comp insurance?

    Mileage

    Kenneth’s Answer

    Unfortunately, there is not. This is a chronic problem with workers' comp claims. It's gotten to the point that our law firm hired a clerical employee and one of her primary duties is chasing down mileage checks and past-due weekly benefits checks. Most carriers (certainly not all) do a fairly good job of paying the weekly disability benefits checks on time, likely because those checks are generated electronically based on what has been docketed in their system. By comparison, the mileage reimbursement checks have to manually processed by the adjuster. On average, we see the reimbursements occur three to four weeks after the reimbursement request was submitted but it's not unusual for us to be chasing these checks for our clients later than that.

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  • Worker's Comp Dr. included in notes past Medical history not related to injury, is he allowed to do that

    I was injured lifting & he included unrelated Medical info on my report

    Kenneth’s Answer

    Yes, it's standard for a doctor (work comp or otherwise) to get a full medical history from you. Normally, that would be confidential information but under South Carolina law, the work comp carrier has a right to obtain all of your accident-related treatment records. It doesn't sound like your doctor did anything wrong.

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  • Is a Lawyer supposed to reveal to you who your opposing Attorney is and should my file contain that info when I pick it up

    Worker Comp

    Kenneth’s Answer

    Yes and yes. I know of no reason why the identity of the opposing counsel would not be divulged to you but in the event it is not, I feel certain you would be able to determine the same based on looking at the file materials.

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  • I'm releasing my Lawyer, inquired on lien clause & he replied in e-mail I would be released from lien do I need that in writing

    Workers Comp he is requiring 25.00 fee to get file, is his E-mail good enough to release me from lien clause

    Kenneth’s Answer

    • Selected as best answer

    If he has confirmed that there will be no lien in an email, I think that's sufficient to protect you. I have to assume you didn't have your case open with this lawyer for very long. It's standard for our law firm to waive any lien for a fee (and even nominal case costs) if a client terminates our representation early in the process. If we encounter this situation well into a case (fortunately, that happens rarely), we understandably seek to be protected both as to our entitlement to a fee for our work and for the case costs we've paid.

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  • Can I sue a nail shop after getting my eyebrows waxed and now I'm breaking out ?

    Bumps everywhere.. Never had this before

    Kenneth’s Answer

    To answer your question, you can sue virtually anyone for anything. However, it's unlikely that you will find a lawyer willing to take your case on a contingent fee basis (meaning he or she would be paid a percentage of the recovery obtained on your behalf) based on the injuries you describe. That's not meant to downplay what you went through but unless it turns out that you have a permanent injury (such as some permanent scarring), the likely recovery for this claim wouldn't warrant a lawyer getting involved on a contingent fee basis. In a few similar situations, my law firm has had clients hire us on an hourly basis even though they knew that the amount we would be paid for legal fees would likely far exceed the amount of any recovery (and they were right). However, most people can't afford to pursue a case basely solely on principle. I hope that your condition has resolved by now. If not and it turns out that your injury is more severe than what you initially anticipated, I would then recommend that you confer with a personal injury lawyer. As Mr. Hughey noted earlier, it is important that you take photos of your injuries (including photos at several stages if the condition is worsening).

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  • What can I expect from my employer without a lawyer?

    I work in Fast food. I was stocking from a shelf waist high, when a large (probably 24"x24" stainless steel) fryer basket fell from the top shelf, roughly 9ft high, on my head and shoulder. I blacked out briefly and bled profusely. I notified the...

    Kenneth’s Answer

    It depends on your employer. Some employers work well with their injured workers to help them navigate the claim process. Unfortunately, in most cases, it's the insurance company and not your employer which makes the decisions on your claims. I have had some cases where the employer became an advocate for my client to get the insurance company to provide appropriate benefits (especially when it comes to medical care). The primary driving factor in determining whether you should hire a lawyer for your workers' compensation claim is how severely you've been injured, and whether you're likely to be left with a permanent impairment and long-term treatment needs. If so, hire a lawyer. I would note that you need to be careful when it comes to head injuries like the one you sustained. Often times, you can have what's medically referred to as a "mild" traumatic brain injury, although the effect on you can be life-altering. If you continue to experience any residual problems due to your accident, I'd recommend that you hire a lawyer so he or she can help you procure the appropriate medical treatment to make sure your condition is properly diagnosed and treated.

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  • Will Workmans Comp have to stop paying for my medical bills if I am released to work and start a new job somewhere else?

    I injured my foot at work on April 8th. I have been out of work about 10/11 wks I know that WC will discontinue my wkly check once I return to work, but was wondering if they would still be obligated to continue paying for any medical treatment I ...

    Kenneth’s Answer

    Your medical coverage will remain intact after you return to work even if you change jobs. As long as the authorized doctor has prescribed more treatment for you, you should be able to receive the same. The same would be true as to any entitlement you may have for a scheduled member disability recovery for your foot. That entitlement would still exist even if you change jobs.

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  • Passed out at work due to heat stroke/ heat exertion.... Do I have a lawsuit?

    After passing out was brought inside, was not given water/ Gatorade... No paramedics was called... Left me in an office and no one came to check on me...

    Kenneth’s Answer

    I assume that you're asking if you would have a lawsuit against your employer for sub-standard treatment after your heat exposure. You would not based on the exclusive remedy doctrine in South Carolina. As noted in the other responses, you may be entitled to workers' compensation benefits if the conditions which caused this ailment were unusual and extraordinary.

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  • Is it legal for a lawyer to take any back pay I received from workmans comp

    I was receiving 373.00 and he got it to 502.00 and the back pay was 5600.00 and he took a fee and that's what I was suppose to be getting the whole time

    Kenneth’s Answer

    It's legal and it's standard policy under most law firm's fee contracts, which entitle the firm to a 1/3rd fee for any lump sum payment. 2/3rds of $5,600 is a lot better than nothing, you're now getting an extra $129 each week, and you'll end up getting a larger settlement at the end of your case. Your lawyer earned this fee and he or she has put you in a much better position based on the same.

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