Kenneth W Harrell’s Answers

Kenneth W Harrell

Charleston Workers' Compensation Lawyer.

Contributor Level 7
  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 6 months 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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  2. Do my employer still have to pay me when workmans comp is involved?

    Answered 5 months 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

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  3. 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 4 months 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...

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  4. 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 5 months 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...

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  5. 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 about 1 year 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...

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  6. Is a lawyer allowed to take a portion of back pay in a workers comp claim in south carolina?

    Answered 4 months ago.

    1. Ryan S Montgomery
    2. Kenneth W Harrell
    3. Charles Joseph Michael Candiano
    4. David J McAuliff
    4 lawyer answers

    It depends on the contingent fee contract but in most cases, the answer would be "yes." Our law firm's fee contract states that the contingent fee applies to any lump sum recoveries, including a payment for back-owed benefits. However, we use our judgment on when to charge a fee on this amount. As Mr. Montgomery noted, a lot of it depends on how much work we had to do. If it was a denied case and we had to try the case (or come close to a hearing) to get the carrier to pick up the claim, we...

    4 lawyers agreed with this answer

  7. Can I still report my former employer to OSHA and file a lawsuit for not giving me workers comp 11 months after the incident?

    Answered 5 months ago.

    1. Ryan S Montgomery
    2. Kenneth W Harrell
    3. Alton Lamar Martin Jr.
    4. David J McAuliff
    4 lawyer answers

    You should still be able to file a claim based on your factual summary. There are two time requirements for a workers' compensation claim in South Carolina. The first is that you must give notice of your claim to your employer within 90 days. It sounds as if you satisfied this requirement. Second, there is a two-year statute of limitations, which are are well within. You may see the employer try to fight the claim contending that they did not receive proper notice (it wouldn't be the first...

    4 lawyers agreed with this answer

  8. Can an employee receive short term disability then long term disability while on workman's comp?

    Answered about 1 year ago.

    1. David B Pittman
    2. Robert Andrew Kerr
    3. Kenneth W Harrell
    4. George Ellis Corson IV
    5. Dirk J. Hamel
    5 lawyer answers

    Under South Carolina law, the answer is yes, although most short-term and long-term disability policies allow them to receive a credit based on the amount received from workers' compensation. However, many of these policies also have a provision guaranteeing the insured a minimal benefit. My thought has always been that even if my client only receives an extra $100 a month, that's an extra $100 I'd rather my client have, as opposed to the disability insurance company. If you have "no chance...

    4 lawyers agreed with this answer

  9. If workman's comp claim was denied and I pursued to appeal w/ lawyer, who is responsible for all prior bills I paid ?

    Answered 2 months ago.

    1. Kenneth W Harrell
    2. Robert F. Goings
    3. John M Connell
    4. Charles Joseph Michael Candiano
    4 lawyer answers

    I'm not sure I follow the question but if you're asking who would pay your bills if your workers' compensation claim is found to be compensable, the workers' comp insurance company should be ordered to do the same. If health insurance has already paid, typically, the w.c. carrier would make payments and the medical providers should then issue reimbursements to previous payors, which could include the health insurance company and you. I have had a situation in a S.C. claim where the commission...

    3 lawyers agreed with this answer

  10. Can i get a loan on a workmans comp case?

    Answered about 1 year ago.

    1. Kenneth W Harrell
    2. Ryan S Montgomery
    3. John M Connell
    4. S. Scott Bluestein
    5. George Ellis Corson IV
    6. ···
    7 lawyer answers

    I agree with your attorney. I know how stressful it can be trying to survive on workers' compensation benefits. However, I think your attorney's hands are tied. First, he absolutely is prohibited from loaning you money in South Carolina based on our ethical rules. There are a few states where such loans are allowed but South Carolina is not one of them. Second, there are also issues related to the traditional loan companies. First, the interest rates charged by these companies always...

    3 lawyers agreed with this answer

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