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Kenneth W Harrell

Kenneth Harrell’s Answers

73 total


  • 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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  • How does it work?

    Hypothetically, say I settle my workers comp case for 105,000 with a 37,000 set-side. How much is my lawyer allowed. 33.3% of 105,000 or 33.3% of 142,000. So confused.

    Kenneth’s Answer

    • Selected as best answer

    You'd have to check with your attorney. Our firm's practice is not to charge a fee on the amount paid to fund a Medicare set-aside account. I'd also note that most South Carolina workers' compensation commissioners are not inclined to approve a few on the amount allocated for the set-aside account.

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  • If I do not agree to a surgery my doctor is recommending, will it affect my workers compensation case?

    I am worried what will happen if I say no to this surgery my workers compensation doctor is recommending.

    Kenneth’s Answer

    It very well may. This is a difficult predicament as you obviously should trust your gut instinct as to whether you want to undergo surgery. However, I have seen cases where one of our commissioners have given a lesser disability award because the injured worker refused surgery. I would personally push for a second opinion evaluation if you have doubts about the surgery, or the doctor.

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  • What can I do? My lawyer receive the settlement check and deposited it in the safe account without my consent and didn't show

    A copy. Then told they settle 2 of my cases for 7000(worker comp) combine 3% for each it didn't include all the right body parts I was also told as my lawyer it was best sign or I might not get anything at all

    Kenneth’s Answer

    Unfortunately, it sounds as if there has been a communications breakdown between your lawyer and you. I'd push for a face-to-face meeting with your lawyer as soon as possible. Frankly, it's going to be difficult for you to find another lawyer who will get involved in this situation at this late stage. I wish you success in getting this resolved with your current lawyer.

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  • I broke my leg in four places at work 800 pounds fell on it. Should I file a lawsuit?

    The associates had been complaining about how the parts were being setup it was dangerous. Parts fell on my leg had me pined to the conveyor belt.. broke my leg below the knee, my tibia in half, my fibula and shattered my ankle had to have surgery...

    Kenneth’s Answer

    If I understand your question correctly, you're likely going to be limited to a workers' compensation claim even though it sounds as if your employer's negligence led to your injury. As part of the original "bargain" when the Workers' Compensation Act was enacted in South Carolina, the "exclusive remedy" doctrine was adopted into the law. This basically means that an injured worker cannot sue his employer or co-employees when their negligence leads to his work injury. There are a few narrow exceptions to this rule but your brief factual summary doesn't appear to invoke one of these exceptions. Of course, you'd be best off actually consulting with a lawyer to have this issue addressed.

    Given the severity of your injury, you need to hire an experienced workers' compensation lawyer even if there is no viable negligence case. You are going to have long-term treatment needs for injuries that severe and our current law/system makes it difficult for an injured worker to protect their future medical coverage rights without the assistance of an experienced lawyer. I wish you well with your recovery from your injuries.

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  • I was the passenger in a state owned service truck that was hit by a vehicle that ran a stop sign.

    I was injured on 10-22-2014 when the service truck I was the passenger in was struck by a vehicle that ran the stop sign. The impact was violent and caused the other truck to flip and the truck I was in to sustain heavy damage. I was in severe pa...

    Kenneth’s Answer

    Yes - you have two claims - your workers' compensation claim and the negligence claim against the at-fault driver. There is no recovery under SC's workers' comp laws for pain and suffering but there would be as part of the negligence claim. It's a convoluted process to properly pursue both claims. In fact, if you improperly settle the negligence claim, you can void your workers' comp entitlement. Given the nature of your injury, I recommend that you speak with a lawyer.

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  • My fmla is exhausted can I be fired

    i work for my local government. I was in an auto accident while I was at work and am on workers comp. My fmla has run out. I need a spinal fusion and will be out 3-6 months longer. Can I be fired or layed off due to my prolonged absence?Also I was...

    Kenneth’s Answer

    If you need a spinal fusion and will have to change careers, you need a lawyer. Your FMLA leave is the least of your concerns. Once your FMLA leave is exhausted, your employer isn't required to keep your job open for you even though you were hurt in the job. However, many employers will hold off on terminating you while your work comp claim is pending as that may impact hoe much you can recover for your claim.

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  • I have been stated three times to basically resign while on Workmens comp plus a host of work journals and treatment

    i have two injuries one that is being represented for my right foot crush injury with a permanent restriciton of pushing, pulling as tolerated. while pushing I had another work related injury that required rotator cuff surgery that took 4 months t...

    Kenneth’s Answer

    I also don't see a question but I can still definitively state that if you have sustained a right foot crush injury, a torn rotator cuff, AND a left knee injury, and the combined effect of the injuries is such that your employer is telling you to resign, then you NEED a lawyer in the worst way. Who you hire is up to you but hire somebody. You are likely to be dealing with disability issues on this case. You'll also need help protecting your future medical rights and making sure that any settlement doesn't wipe out your entitlement to future Social Security disability benefits. If you already have a lawyer, you need to call him or her for input. If you don't, get busy and find one as it sounds like things are coming to a head in your case soon. (And finally, I wouldn't "resign" - if they want to let you go, let them terminate you but you don't want to show up for a disability hearing and have your employer say, 'we were willing to accomodate his restrictions but he quit.')

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  • Workers comp

    Avvo has been get with answers to the MANY questions i have and i have 1 more. Im 3 weeks post op from 2 level acdf surgery. Dr said i cannot go back to work in my field and suggested office type work but all i know is heavy equipment. We are many...

    Kenneth’s Answer

    Where to start on your situation? First and foremost, if you don't have a lawyer, you need to hire one. I would recommend this to anyone who underwent a fusion surgery due to a work injury but I'd especially recommend it when you doctor is already telling you that you can't return to work in the field you've been working in. Your entitlement to a disability recovery will hinge on many factors in addition to your work experience - your permanent physical restrictions, your age, your educational background, etc. As to your specific question, unfortunately, there is no educational component or benefit under the SC Workers' Compensation Act for a worker in your situation. The South Carolina Vocational Rehabilitation department may be able to assist you, although in my experience, their assistance to my clients over the years has been fair to middling at best. To gather more information on this agency, visit www.scvrd.net. I wish you well with your recovery. Again, who you hire is up to you but hire somebody. Even protecting your future medical rights (crucial given the nature of your injury) is very hard to do without experienced representation based on changes made to our laws over the past few years.

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  • Workers comp aww

    How do i figure up my aww if start date was 7/11/14 and last day worked was 11/5/14. Total pay for that period was 13625.76. Currently workers comp sends me benefits checks of 553.08. Im wanting to see if calculation is correct

    Kenneth’s Answer

    Pretty simple - if you worked for less than a year, you divide your gross earnings by the actual number of weeks worked. Once the average weekly wage is determined, your compensation rate under SC law is 2/3rds of the AWW.

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