Kenneth W Harrell’s Answers

Kenneth W Harrell

Charleston Workers' Compensation Lawyer.

Contributor Level 9
  1. How does it work?

    Answered about 2 months ago.

    1. Kenneth W Harrell
    2. Michael Alvarez
    3. John M Connell
    3 lawyer answers

    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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  2. 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 over 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.

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

    Answered 7 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...

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

    Answered 5 months 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

    1 person marked this answer as helpful

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

    Answered over 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.

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

    Answered about 2 months ago.

    1. Kenneth W Harrell
    2. Jeffrey Miles Martin
    3. Stephen Benjamin Samuels
    4. Jack Bradley Baker
    4 lawyer answers

    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.

    6 lawyers agreed with this answer

  7. Confused with workers comp

    Answered 4 months ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. John M Connell
    4. Christian K. Lassen II
    4 lawyer answers

    It does sound a little inconsistent. However, since your employer has no light duty work available, it's irrelevant to your workers' compensation claim as your weekly benefits should continue uninterrupted. I'd raise the issue with your doctor at your next visit. On a different topic, if you are not represented, I strongly urge you to confer with a lawyer. It can help you with your impairment/disability recovery but more importantly, you need an attorney to protect your future medical...

    6 lawyers agreed with this answer

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

    Answered 11 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

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

    Answered 11 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

  10. 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 over 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