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Kenneth W Harrell
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Kenneth Harrell’s Answers

97 total


  • How do I go about holding work responsible for injuries and doctor responsible for a wrong diagnosis?

    I was hurt at work and and sent to the emergency room after contacting employer doctor where I told the doctors and nurse it happen on the job. They did CT scans. Come to find out they wrote my medical report wrong, never stating the injury happen...

    Kenneth’s Answer

    It sounds as if you will likely need an attorney to help you develop your case from an evidence standpoint. The problem of doctors or other medical personnel mistakenly documenting (or at least, incompletely documenting) an injured worker's history or complaints frequently comes up. If you were sent to the emergency room by your employer, you should be able to establish the connection between your injury and your treatment regardless of how the e.r. records read. As to any liability on the part of the doctor, I don't believe there is one for this situation. As treatment records become more electronic in nature and as many practices develop portals to allow their patients to communicate with them, we often advise our clients to give detailed accounts of ALL of their accident-related problems using the portal. Unfortunately, that's not likely an option with an emergency room situation.

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  • I've been told that I can be compensated I need to know if I have a case or do I call Bostich directly

    about two and a half years ago I was only job and I was using a Bostitch HP 118 K 23 gauge Pinner this gun has a double safety feature but as it may seem if you have used any air tools before when grabbing this particular Bostitch tool they have p...

    Kenneth’s Answer

    You mentioned being on the job when this occurred but it's unclear as to whether you pursued workers' compensation benefits related to your injury. That would be your no-fault claim. As to a claim against Bostitch, this would be a products liability claim. I'd note a couple of things. FIrst, the statute of limitations for one of these cases in South Carolina is three years so you need to be aware of the same. Second, these are very expensive cases to pursue because they are expert-driven. My law firm has handled a number of these cases in the past. Frankly, we would not take on a case with the type of injury you sustained. That's not meant in any way to downplay the injury you sustained but we typically limit our involvement in product liability cases to cases where someone has sustained a catastrophic injury (paralysis, brain injury, severe burns, etc.) or where a wrongful death has occurred. However, every lawyer and law firm has different standards for what cases it will accept. I would urge you to consult with a lawyer to see if he or she can help you with your situation.

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  • Can I lose my job of 28 years following a workers' compensation claim?

    I tore my rotator cuff at work almost three years ago, have had three surgeries on the same shoulder and am scheduled to return to work in April. My employer has just recently become very distant with me and I suspect I will lose my job when I re...

    Kenneth’s Answer

    • Selected as best answer

    It's certainly possible that you could lose your job as that is something we've seen happen fairly frequently with our workers' compensation clients over the years. Of course, in some instances, the extent of our clients' physical restrictions has made it untenable for them to return to work. Given the fact that you have been working for this company for 28 years, if you are terminated, I would certainly seek counsel as to whether you have any labor claims in addition to your workers' compensation claim (age discrimination, retaliatory discharge, etc.) Since you have had three surgeries due to your injury, I'd strongly recommend that you consider hiring an experienced workers' compensation lawyer to help you. This will particularly be important when it comes to protecting your future medical rights.

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  • What are my options following a work injury in which case has gone nowhere?

    I was injured at work and ended up filing suit. The case has not been won and the suit is in limbo right now for nearly 6 months. Since my injury I have continued to work following work restrictions but keep reinjuring myself due to the type of i...

    Kenneth’s Answer

    When you are in pain, the last thing you want to be told is to "be patient." Unfortunately, that may be the only answer any of us can give to you. It sounds as if you are represented. I would schedule a meeting with your current lawyer to make sure you fully understand what the procedural status of your case is. If your claim is denied by the insurance company (and it sounds like it is), your lawyer may have held off on filing a hearing request in order to obtain the evidence he or she needs to have the best chance of winning before one of our commissioners. The good news is that once a hearing request is filed, it now takes only about three months before the case will be heard. I know three months is still a long time to wait when you are hurting but it wasn't that many years ago when it took up to a year to get a workers' compensation hearing scheduled in South Carolina. If no hearing request has yet to be filed, ask your lawyer why that is the case. There very well may be a good reason for the same. I wish you well - with your recovery and with your claim.

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  • How can I protect my credit I this situation? Is it too late in the process to get a lawyer to represent me?

    I took a fall at work and required surgery. My employers are great but this is how they found out they did not have proper workers comp coverage. They volunteered to pay all medical bills and their lawyer has been negotiating payments with the hos...

    Kenneth’s Answer

    You need to consult with an experienced workers' compensation lawyer as soon as possible. The fact that your employer was not insured does not necessarily mean that the claim is not covered by workers' compensation. A lawyer can help you determine if your employer was required to have coverage, in which case your claim would be covered by the South Carolina Uninsured Employers Fund. The fact that your injury was serious enough to require surgery makes the need for legal representation much greater.

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  • See above

    So I have a WC injury that required surgery on my shoulder and also injured my wrist all which were on the Non dominant hand. The weekly wage that they are paying me was reduced to $500 from $760. I am a travel nurse making $720 gross weekly w...

    Kenneth’s Answer

    I think you have a viable argument that the per diem payments should be included. The controlling statutory provision states in part, "Whenever allowances of any character made to an employee in lieu of wages are a specified part of a wage contract they are deemed to be a part of his earnings." Not only will this issue have a significant impact on your weekly disability benefits but it would also have a big impact on how your settlement amount is calculated. Given the fact that you had to undergo surgery for your work injury and that you have this issue to deal with, I'd strongly urge you to confer with (and consider hiring) an experienced workers' comp lawyer.

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  • Workers Comp claim is denied.. I have no Lawyer, FCE coming do I have to see their Dr til I have a Lawyer

    I refused FCE until I have a Lawyer

    Kenneth’s Answer

    I agree with Mr. Samuels. It's hard for me to understand how you have a functional capacity evaluation scheduled in a denied case. Bottom line, you need to confer with an experienced workers' compensation lawyer as soon as possible. Avvo can be a valuable tool at times but it's not a substitute for representation, especially in a denied case.

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  • What does this mean?

    I filed disability in June, after my WC case was settled. I have a lower back injury that resulted in incontinence of both bladder and bowel. Also, I'm in need of a knee replacement and have a torn rotator cuff. Today I got a call from Social Sec...

    Kenneth’s Answer

    It's a standard request as the other lawyers are noted. The Social Security Administration needs to look at the off-set language which was placed in your workers' compensation settlement to see how much reduction (if any) it would be entitled to receive if you are approved to receive monthly SSD benefits. Unfortunately, based on the severity of the injuries you've described, it certainly sounds as if you are deserving of the disability benefits.

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  • Do i need a lawyer for handling my workers compensation claim?

    I was injured at work while performing my duties. The incident happen on September 28,2015 and I was immediately taken out of work by the doctors. After a MRI, I was explained by a neurologist, Dr. Drye, that the joint between the 4th and 5th l...

    Kenneth’s Answer

    Given the nature of the injury you describe, I believe you would be wise to hire an experienced workers' compensation lawyer to help you. The primary driving factor that should drive this decision is the severity of your injury. I don't know enough about your situation (your age, your educational and work history, how physically demanding your job is, etc.) to know if you're likely to face any disability issues after you recover but with the described injury you have, you will almost certainly have an entitlement to a scheduled member disability award at a minimum. An experienced lawyer can help you maximize this recovery. Perhaps more importantly, South Carolina's workers' compensation laws have become very complex when it comes to protecting your future medical rights. If you have a herniated disc injury, you are likely going to have some long-term treatment needs. Protecting your future medical rights can often have a greater financial impact for the injured worker than the amount of the disability settlement. I'd urge you to discuss your rights with an experienced lawyer.

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  • Injured on job and the Doctor missed a complication to injury. Workers Comp issue or medical malpractice?

    Was initially sent to clinic where it was confirmed broken wrist. That Dr sent me to orthopedic DR. directly after set bone. WC said I couldn't go there and to wait till next day for their orthopedist DR. Next day went to their DR who took another...

    Kenneth’s Answer

    To answer your question, it could be both. The workers' comp carrier is responsible for any residual effects from medical malpractice as part of your workers' comp claim. However, if there was malpractice committed, you would have the right to have a separate claim against the doctor investigated. I would note that most lawyers have a very high bar for these cases, especially in South Carolina where the damages caps for medical malpractice claims are low. At our firm, we require two things before taking on a medical malpractice case. First, clear-cut negligence on the part of the treating doctor. Second, a catastrophic injury or death as the result of the malpractice. By "catastrophic" injury, I mean an injury that is permanently disabled or one which will significantly impair the patient for the rest of their lifetime (such as brain damage, some degree of paralysis, loss of a limb, etc.) Absent these two factors, it's hard to warrant the financial investment needed to properly prosecute one of these cases. I can't fathom prosecuting a medical malpractice case without spending at least $50,000. We've had case where we spent over $200,000 on experts, only to get a defense verdict after a lengthy trial. Those experiences make a lawyer cautious about these cases. I wish you well with your recovery from your injury and the resolution of your claim(s).

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