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Kenneth W Harrell
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Kenneth Harrell’s Answers

107 total


  • Can i sue workers comp?

    I got injured on the job and tore my meniscus which was not my fault. I live in South Carolina so i got workmans comp but they took 5 months to do any type of surgery and i ended up receiving a muscle atrophy with my thigh muscle because of it. So...

    Kenneth’s Answer

    Unfortunately, your situation is not unusual for an injured worker. We often see cases where the injured worker's residual disability is greater than it may have otherwise been if timely medical treatment had been received. However, your only remedy will be what you are able to recover under the Workers' Compensation Act as you are not able to sue the workers' compensation insurance company for bad faith in South Carolina. Since you have undergone surgery and you will be unable to return to your former line of work, I would recommend that you consult with an experienced workers' compensation lawyer.

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  • I was laid off while on workers comp, If I sign a release of claims, am I releasing my employer from liability from my injury?

    I'm on Workers comp and was laid off. I was asked to sign an attractive severance agreement with a release of all claims.

    Kenneth’s Answer

    My advice would be that you confer with an experienced workers' comp lawyer. We've encountered this situation several times in the past. A lawyer can review the severance agreement and, if necessary, add language or revise it to insure that you are not jeopardizing your workers' compensation rights.

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  • What kind of lawyer do i need..to make a case.

    Almost 3 yrs ago (be 3 in october 2016) i fell off a ladder and a ac\heater unit fell on me. I was in hospital for almost 4 months. My boss said he had no workmans comp. We now have almost 12 thousand of doc bills i just now found out boss has wor...

    Kenneth’s Answer

    Definitely confer with a lawyer. The statute of limitations for a SC workers' compensation case is three years but if your boss engaged in fraudulent behavior to keep you from pursuing a claim, an argument might be able to be made that this defense shouldn't apply to your claim.

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  • If an employee is laid off on workers comp is the employer still responsible for settling the claim?

    Hurt leg on job.

    Kenneth’s Answer

    Yes, your entitlement to benefits is based on your status as an employee on the date you are injured so being laid off should not impact what you are entitled to receive. I would point out that the overwhelming majority of injured workers do not receive any settlement under South Carolina law as your entitlement to the same is based on your having some degree of permanent disability (or impairment) to the injured body part. Assuming that your injury is severe enough to have resulted in some residual permanent impairment, you will still be able to get a settlement regardless of whether you are still working for your employer at the time of your injury.

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  • What should I do, should I go after the insurance company or even my former employer. Insurance haven't paid me anything.

    I was injured at work. I lost a finger and also had another finger amputated. I had up to 6 surgeries to my hand in three months. The hospital stop giving me my treatment, stating that my insurance stopped. I still having problems with my hand, th...

    Kenneth’s Answer

    Good lord - what are you waiting for? You've obviously got some significant injuries. The extent of your injuries alone would be enough for me to tell you that you need to hire an experienced workers' compensation lawyer - and the sooner the better. However, the fact that you've not been receiving workers' compensation benefits (as I read your summary) makes it even more important that you hire a lawyer. Again, I'm at a loss as to why you haven't already hired a lawyer. It certainly doesn't cost you anything to at least consult with one.

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  • How should I move forward from where I am now? Should I keep waiting or finally break down and find a lawyer?

    >I fell at work 4 months ago, told my employer, started a workman's comp claim, got the runaround from first doctor, and finally saw an Ortho a month and a half later. Was immediately ordered an MRI based on appearance, loss of motion, and pain. I...

    Kenneth’s Answer

    I suggest you hire an experienced workers' compensation lawyer to help you. Dealing with workers' comp can be a royal pain in the ass (especially as they have no bad faith exposure under South Carolina law). The primary factor that determines whether an injured worker should hire a lawyer to help him or her is the severity of the injury. With an injury that required surgical repair, you would definitely benefit from having a lawyer represent you.

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  • Should we get an attorney for workers compensation claim to protect ourselves in the long run?

    My wife was injured on the job with a client she was working with. She works with kids with autism. She was playing with a client who was jumping on a little trampoline and my wife was jumping on one as well. when she came down she rolled her ankl...

    Kenneth’s Answer

    There are a host of factors that determine whether it would be wise for your wife to hire a workers' compensation lawyer. Among the key factors are the severity of her injury (will she be left with a permanent physical impairment?) and whether she will have any future medical treatment needs related to her injury. As has been noted, most workers' compensation claimants' lawyers will gladly speak with an injured worker to review his or her situation with there being no charge or obligation on the part of the injured worker. I'd urge her to do the same to get a better feel for what her legal rights are related to her injury.

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  • Does he need to hire a lawyer?

    My husband was hurt at work and his 5th toe was almost completely amputated. The surgeon said it could not be saved so it was removed. His employer is telling him it is his fault. They said the workman's comp insurer would send him a check for his...

    Kenneth’s Answer

    Workers' compensation is a 'no fault' system in South Carolina so even if your husband was at fault for his injury, that should have no impact on his entitlement to benefits. As to weekly benefits, there is no payment for days one through seven after the accident until the injured worker has been out of work for 15 calendar days so that could be the hold-up on getting the benefits started. If the injury was limited to his small toe, he will likely be entitled to some recovery for scheduled member disability (i.e., permanent impairment to the body part) once his treatment is concluded. Under South Carolina law, each toe (other than the big toe) is valued at 10 weeks of benefits. If the toe was amputated beyond the joint, that's the amount which would be paid to your husband for his permanent injury. Good luck to him as he recovers from his injury.

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  • Impairment rating and restictions

    Hurt at work 6 months ago. My treating surgeon told me (and nurse case manager) that I have reached mmi. I had a severe tbi and my most recent ct scan shows dead brain tissue and lingering fluid around my brain. My nurse manager is seeking to have...

    Kenneth’s Answer

    Several excellent South Carolina workers' compensation lawyers have already answered this question but I will chime in as I strongly agree that you MUST hire an experienced workers' compensation lawyer to help you with your situation given the nature of the injury you describe. There are a number of work injuries that certainly don't necessitate the hiring of a workers' compensation lawyer but a serious brain injury makes your getting a lawyer involved in your case imperative. Mark my words - if you don't heed the input given in response to your question by several talented lawyers, there will come a day when you will say to yourself, "I really screwed the pooch on this." Mr. Christmas is right. The nurse case manager may have done a good job coordinating your treatment up to this point but when it comes to settling your workers' compensation claim, you cannot rely on anyone with the insurance company to look out for your long-term best interests. I'll close with a quote which has been attributed to Abraham Lincoln, "A man who is his own lawyer has a fool for a client." I'm sure you're not a fool but you do have a serious injury and this situation is more complex than something you should try to handle on your own. I don't know what you do for a living but I suspect that I couldn't do your job. Get some help before it's too late.

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  • Is the employer responsible?

    I worked for a temp agency in Oct of 2014, during which time I received a severe allergic reaction during my shift. I had a rash starting on my arm that spread to several parts of my body including my face. I immediately reported this to my superv...

    Kenneth’s Answer

    First, even though you now live in South Carolina, you need to confer with a Kentucky workers' compensation lawyer on this as workers' compensation laws vary (sometimes greatly) from state to state and this is a Kentucky claim since that's where you feel the injurious exposure took place. I'm a South Carolina lawyer but I suspect the law on whether you'd be entitled to any benefits for an allergic reaction to something in your workplace would be similar in Kentucky. The key is generally whether you have supportive medical evidence stating that your condition is most probably related to the workplace exposure. At least in South Carolina, your claim would be a non-starter unless you had that type of medical evidence. I wish you well - both with your recovery from this condition and with the pursuit of workers' comp benefits.

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