Kenneth W Harrell’s Answers

Kenneth W Harrell

Charleston Workers' Compensation Lawyer.

Contributor Level 9
  1. I was injured at work I got a lawyer to represent me the insurance compan settled and my lawyer advised me to take the 1st offer

    Answered about 1 year ago.

    1. Kenneth W Harrell
    2. Mishka L Marshall
    3. Bobby L. Bollinger Jr.
    4. Tatiana Kadetskaya
    5. Charles Joseph Michael Candiano
    5 lawyer answers

    Most likely not. I assume you're asking if you have any recourse against your attorney since you certainly have no further recourse in your workers' compensation claim if you've signed a release. I don't handle legal malpractice claims but it would take an egregious set of facts to make such a claim work based on your summary. I'm sorry you were disappointed with your settlement.

    Selected as best answer

  2. When i am released from a doctor do i still receive my workman comp check?

    Answered 2 months ago.

    1. Kenneth W Harrell
    2. Robert F. Goings
    3. Alton Lamar Martin Jr.
    4. Stephen Benjamin Samuels
    5. Gary Christmas
    6. ···
    8 lawyer answers

    Given how long you have been out of work, you should continue receiving your weekly checks until your case is resolved, unless you return to work in the interim and sign a form allowing the checks to be cut off. Under SC law, weekly checks can be unilaterally terminated for certain reasons (such as being released by the doctor) during the first 150 days after the accident. Thereafter, your checks should continue until your case is settled or a hearing is held. The carrier can get a credit...

    Selected as best answer

  3. Do my employer still have to pay me when workmans comp is involved?

    Answered about 1 year ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. John M Connell
    4. David J. McCormick
    5. David J McAuliff
    5 lawyer answers

    Based on your summary, you should be paid workers' compensation benefits for your missed time. Weekly disability benefits are paid in South Carolina when your injury results in physical restrictions which your employer is unable to accommodate. The weekly benefit paid would be 2/3rds of your pre-accident average weekly gross wages. For example, if your average weekly gross wages before the accident were $600, your workers' compensation weekly check would be $400.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I have an impairment rating on my back for 13%. (Whole body impairment 13%). Should I resolve claim with full & final release?

    Answered about 1 month ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. Alton Lamar Martin Jr.
    4. Dan R. Denton
    5. Gilbert Earl Fisher
    5 lawyer answers

    If you settle your claim on what is commonly referred to as a "clincher" settlement, meaning you've settled all aspects of your case, the fact that you have a low compensation rate (and a low monetary payment) will have no relevance to your not having future medical coverage. Has your doctor recommended future medical treatment for you? If so, I'd recommend that you speak with an attorney in the upstate who is well-experienced in handling workers' comp cases. Changes made to our laws a few...

    6 lawyers agreed with this answer

  5. Slip and fall at work while pregnant and it been almost 6 months can I still sue.

    Answered 7 months ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. D. Nathan Hughey
    4. John Michael Phillips
    5. Scott M. Anderson
    5 lawyer answers

    As long as your employer received notice (and it certainly sounds like they did) of your work injury within 90 days of it occurring, you can still bring a workers' compensation claim as the statute of limitations for the same in South Carolina is two years. Those are the two primary time deadlines for an injured worker in SC (notice within 90 days of the accident and the filing of a claim within two years).

    6 lawyers agreed with this answer

  6. I got hurt on the job i have no health insurance and my employer does not have workers comp

    Answered 7 months ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. Heather A Lottmann
    4. John M Connell
    4 lawyer answers

    First question - does your employer regularly employ four or more people? If so, your employer is subject to the Workers' Compensation Act and you can prosecute your case with the Uninsured Employers Fund. If your employer is not subject to the act, your employer could consider helping you with your treatment costs but it would be a purely charitable action as I don't see any legal basis for requiring them to pay the same unless your employer (or a co-worker) did something negligent to cause...

    6 lawyers agreed with this answer

  7. Slip and fell on a wet floor at work 2011. received workers comp 2012 did not work at all. neck and back disc bulging. hurting

    Answered about 1 year ago.

    1. Ryan S Montgomery
    2. Kenneth W Harrell
    3. Christopher Daniel Leroi
    4. Brett A. Borah
    4 lawyer answers

    First, if you had a lawyer representing you, you need to call him or her to get input on this. I don't feel comfortable giving a definitive answer on this based on a short summary although it sounds like it is unlikely that you can "re-open" your case, at least when it comes to getting more disability benefits. SC workers' comp case are typically settled in one of two ways - per a clincher (which is a final release ending the claim) or on a Form 16 (which does allow you to file a change of...

    6 lawyers agreed with this answer

  8. I was injured on the job and the doctor prescribed medication I must take for the rest of my life ,will workers comp pay this?

    Answered about 1 year ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. Alton Lamar Martin Jr.
    4. Christian K. Lassen II
    4 lawyer answers

    Whether the workers' compensation insurance carrier will pay for this treatment in the future will depend on two primary factors. These are: 1) how strong the medical evidence is of a causal connection between your original work injury and the subsequent conditions you developed (from your summary, it certainly sounds like such a connection exists) and 2) how you settle your claim. On both of these factors, you would benefits from legal representation. I would urge you to speak with an...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I won my workmans comp case can I get lifetime medical can i sell my lifetime medical to the insurance company

    Answered 4 months ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. Byron Preston David
    4. Peter N Munsing
    4 lawyer answers

    It is possible to settle your medical coverage but you can't force the insurance carrier to settle this portion of the case. If you have lifetime medical coverage, I presume you were pretty seriously injured and had some disability issues. If you are on Social Security disability, settling the workers' comp medical coverage is a complicated process because of Medicare set-aside issues. That's too complicated of an issue for this setting. I'd urge you to confer with your lawyer who assisted...

    5 lawyers agreed with this answer

  10. I settled a workers comp. case where the idemnity was settled but he medical was open for life. I have recently been awarded my

    Answered almost 2 years ago.

    1. Kenneth W Harrell
    2. Bobby L. Bollinger Jr.
    3. George Ellis Corson IV
    3 lawyer answers

    I agree with Bobby. The "release" the carrier wants you to sign is most likely an authorization form allowing it to obtain records from Socual Security confirming the nature of your Medicare coverage. Tread carefully with the resolution of your medical coverage and, if you had a lawyer for your claim, seek his or her input. The insurance carrier would have to establish a Medicare set-aside account which you would use to pay for your treatment related to your work injuries. Medicare will not...

    Selected as best answer