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Kenneth W Harrell

Kenneth Harrell’s Answers

77 total


  • Can I sue a nail shop after getting my eyebrows waxed and now I'm breaking out ?

    Bumps everywhere.. Never had this before

    Kenneth’s Answer

    To answer your question, you can sue virtually anyone for anything. However, it's unlikely that you will find a lawyer willing to take your case on a contingent fee basis (meaning he or she would be paid a percentage of the recovery obtained on your behalf) based on the injuries you describe. That's not meant to downplay what you went through but unless it turns out that you have a permanent injury (such as some permanent scarring), the likely recovery for this claim wouldn't warrant a lawyer getting involved on a contingent fee basis. In a few similar situations, my law firm has had clients hire us on an hourly basis even though they knew that the amount we would be paid for legal fees would likely far exceed the amount of any recovery (and they were right). However, most people can't afford to pursue a case basely solely on principle. I hope that your condition has resolved by now. If not and it turns out that your injury is more severe than what you initially anticipated, I would then recommend that you confer with a personal injury lawyer. As Mr. Hughey noted earlier, it is important that you take photos of your injuries (including photos at several stages if the condition is worsening).

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  • What can I expect from my employer without a lawyer?

    I work in Fast food. I was stocking from a shelf waist high, when a large (probably 24"x24" stainless steel) fryer basket fell from the top shelf, roughly 9ft high, on my head and shoulder. I blacked out briefly and bled profusely. I notified the...

    Kenneth’s Answer

    It depends on your employer. Some employers work well with their injured workers to help them navigate the claim process. Unfortunately, in most cases, it's the insurance company and not your employer which makes the decisions on your claims. I have had some cases where the employer became an advocate for my client to get the insurance company to provide appropriate benefits (especially when it comes to medical care). The primary driving factor in determining whether you should hire a lawyer for your workers' compensation claim is how severely you've been injured, and whether you're likely to be left with a permanent impairment and long-term treatment needs. If so, hire a lawyer. I would note that you need to be careful when it comes to head injuries like the one you sustained. Often times, you can have what's medically referred to as a "mild" traumatic brain injury, although the effect on you can be life-altering. If you continue to experience any residual problems due to your accident, I'd recommend that you hire a lawyer so he or she can help you procure the appropriate medical treatment to make sure your condition is properly diagnosed and treated.

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  • Will Workmans Comp have to stop paying for my medical bills if I am released to work and start a new job somewhere else?

    I injured my foot at work on April 8th. I have been out of work about 10/11 wks I know that WC will discontinue my wkly check once I return to work, but was wondering if they would still be obligated to continue paying for any medical treatment I ...

    Kenneth’s Answer

    Your medical coverage will remain intact after you return to work even if you change jobs. As long as the authorized doctor has prescribed more treatment for you, you should be able to receive the same. The same would be true as to any entitlement you may have for a scheduled member disability recovery for your foot. That entitlement would still exist even if you change jobs.

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  • Passed out at work due to heat stroke/ heat exertion.... Do I have a lawsuit?

    After passing out was brought inside, was not given water/ Gatorade... No paramedics was called... Left me in an office and no one came to check on me...

    Kenneth’s Answer

    I assume that you're asking if you would have a lawsuit against your employer for sub-standard treatment after your heat exposure. You would not based on the exclusive remedy doctrine in South Carolina. As noted in the other responses, you may be entitled to workers' compensation benefits if the conditions which caused this ailment were unusual and extraordinary.

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  • 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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