Frequently Asked Questions About SC Personal Injury Lawsuits

How long do I have to file a personal injury claim? What if the driver who hit me is uninsured? Why do I need to hire a personal injury lawyer?

We answer these questions and many more in our collection of frequently asked questions. Unlike many websites that provide brief yes-or-no answers to important legal questions like these, we provide detailed answers to help you get a better idea of your rights, your options, and what you can hope for in the future.

If your questions are not answered here, feel free to connect with us through our website, or call us at 843-248-7486, to speak directly with us about your legal concerns.

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  • How is my workers' compensation paycheck determined?

    When you have an accident on the job and are unable to work, you are entitled to compensation at the rate of 66 2/3 percent of your average weekly wage.

    This amount is based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Employment Security Commission. 

    If you were working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.

    If workers' compensation is not paying you while you are unable to work, you may need help from a personal injury lawyer.

    Myrtle Beach Workers' Compensation Attorney Dirk Derrick has over 29 years of experience in personal injury law.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • Will I get paid for missing time from work because of my injury?

    If you are hurt on the job and are unable to work there is a seven-day waiting period before benefits can be paid from workers' compensation

    If you are out of work for more than seven days, payments will come from your employer’s insurance representative. If you are out of work for more than 14 days, you will also receive compensation for the first seven days missed. 

    You can expect payments to be made directly to you and these workers' compensation benefits should continue until the doctor releases you to return to work.

    Workers' comp benefits and procedures can become confusing or even frustrating if the insurance company denies your claim. If you have questions or concerns, contact Workers' Compensation Attorney Dirk Derrick for a FREE consultation. 843-248-7486.

    With over 29 years of experience in personal injury law, Attorney Derrick will work to get you the benefits you are entitled to through workers' compensation.

    Mr. Derrick was also voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • What if my doctor releases me to light duty?

    If you've been hurt on the job, and filed a workers' compensation claim, you should receive medical treatment through your employer's insurance.

    If your doctor determines you are eligible for light duty, you must accept light work if it’s offered.

    If you do not accept the light duty work offered, all compensation and benefits may cease as long as you refuse to return to work. You have a right to a hearing if you believe that you are not able to do the work assigned to you.

    If you return to light work before you are fully discharged by the doctor, at a wage less than you were earning at the time of your original injury, you are entitled to weekly compensation at the rate of the sixty-six and two-thirds (66 2/3%) percent of the difference between your average weekly wage and your new wage.

    Workers' Compensation can be challenging and even confusing. If you have any questions about your workers' compensation claim, contact The Derrick Law Firm for a FREE consultation. 843-248-7486.

    Workers' Compensation Lawyer Dirk Derrick has over 29 years of experience in personal injury law and was voted BEST Attorney by the readers of the Horry Independent and the Myrtle Beach Herald.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • What if I have permanent injuries or a scar from work?

    If you are hurt at work and file a workers' compensation claim, you should receive treatment paid by your employer's insurance company.

    When you are done treating, if the doctor releases you with an impairment rating, or if you have a non-surgical scar that can be seen at least eight feet away, you are entitled to compensation for the permanent nature of the injury. 

    The amount of compensation is dependent on a number of factors, such as degree of impairment, age, educational background, work history, compensation rate, body part or parts affected, your residual functional capacity, your loss of earning capacity, and the size and nature of any lasting scar.

    With so many factors involved, it may be best to talk to an experienced, Conway Workers' Compensation Attorney.

    The Derrick Law Firm has over 29 years of experience in personal injury including workers' compensation, auto accidents, motorcycle accidents, slip and falls, wrongful death, and insurance claims.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • Do I get reimbursed for my travel expenses when I go to the doctor?

    If you are traveling to see doctor's related to your workers' compensation claim, and if the round trip distance is more than ten miles from your home, you should be reimbursed for the round trip mileage at the rate allowed to state employees for mileage.

    If you are not getting the medical treatment you need or if you are not being reimbursed for items like mileage, you may need an experienced Workers' Compensation Lawyer to help with you your claim.

    Myrtle Beach Workers' Compensation Attorneys at The Derrick Law Firm specialize in personal injury claims including workers' compensation, auto accidents, motorcycle accidents, slip and fall accidents, wrongful death, and insurance claims.

    Personal Injury Lawyer Dirk Derrick was voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, and The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • Do I need an attorney for my Workers Compensation claim?

    If you have an injury from a work accident that heals completely in a short time and you miss no work, and your employer's insurance carrier gives appropriate medical care and provides pharmaceuticals as needed, you may not need a workers' compensation attorney.

    On the other hand, if your injury is serious enough to keep you out of work for more than 1 week, or is expected to leave you with a permanent limitation or impairment, you will be at a disadvantage unless you are familiar with the Workers' Compensation statutes, regulations, case law, and procedures. 

    An insurance adjuster has no legal or ethical duty to look out for your best interests.  An experienced Workers' Compensation Attorney can make sure you receive all benefits to include compensation and medical treatment now, and in the future, if applicable.

    Myrtle Beach Personal Injury Attorneys at The Derrick Law Firm have over 29 years of experience in personal injury law including workers' compensation, auto accidents, motorcycle accidents, slip and falls, wrongful death, and insurance claims.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • Who can receive workers' compensation?

    An employee of a business who is hurt while working is entitled to workers' compensation.

    The definition of an employee is quite broad. It includes full-time and part-time workers, adults and minors, and others who have been hired to do certain jobs. The critical test is the degree of control the employer exercises over the worker.

    The law also recognizes "statutory employees." These are employees who work for a subcontractor, who may be working for a business or another contractor.

    Employers should inquire whether or not a subcontractor working for them has workers' compensation insurance, regardless of the number of employees employed by the subcontractor.

    If the subcontractor does not, the subcontractor's injured employees would be covered under the employer's workers' compensation insurance.

    Workers' Compensation is a complicated entity. If you are hurt on the job and have questions about the benefits you are entitled to, contact Myrtle Beach Workers' Compensation Attorney Dirk Derrick.

    With over 29 years of experience in personal injury law, Attorney Derrick is very knowledgeable about personal injury cases including workers' comp. Call today for a FREE consultation. 843-248-7486.

  • Who provides workers' compensation for my injury on the job?

    When a person is hurt at work, they are typically entitled to workers' compensation benefits. However, the person responsible for providing workers' compensation insurance depends on the situation.

    If a person is hurt and working for a subcontractor, the subcontractor would be the first point of contact. If the subcontractor does not carry workers' compensation insurance, then the owner, or the principal contractor, would be liable for the worker's injuries.

    This would be just as if the subcontractor's employee was one of the principal contractor's employees.

    If you are hurt on the job and there are discrepancies on who will cover your medical treatment and expenses, contact an experienced workers' compensation attorney.

    Myrtle Beach Worker's Compensation Lawyer Dirk Derrick has over 31 years of experience in personal injury law including workers' compensation.

    Mr. Derrick was also voted BEST ATTORNEY by readers of the Horry Independent and the Myrtle Beach Herald.

    Call today for your FREE consultation. 843-248-7486.

  • How is compensation determined for a work injury?

    Workers' compensation pays for necessary medical treatment, loss of wages during the disability, and compensation for permanent disability or disfigurement.

    If an injured employee is unable to work for more than seven days, the employee is eligible for payment of lost wages. This compensation is limited to two-thirds of the employee's weekly wage and limited to the current maximum weekly wage in South Carolina.

    If the employee is out of work for more than 14 days, the employee is entitled to compensation from the day of the accident.

    The award for total disability or death is limited by law to compensation for 500 weeks.

    Paraplegics, quadriplegics, and brain-damaged workers are eligible for lifetime benefits. Compensation for partial disability is determined by the Commission from medical reports, testimony of the parties, and the impact of the disability on the injured employee's livelihood.

    If you have been injured at work and are unsure if you are being compensated fairly, contact experienced Myrtle Beach Workers' Compensation Attorney Dirk Derrick for a free consultation. 843-248-7486.

    Attorney Derrick was voted BEST ATTORNEY by the readers of the Myrtle Beach Herald and the Horry Independent.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Charleston, Conway, North Myrtle Beach, Columbia, North Charleston, and Mt. Pleasant, SC.

  • Who settles workers' compensation disputes?

    Whether you are arguing that you are eligible for workers' compensation based on your work history or that your injury happened while working, the state agency charged with settling disputes such as these and with administering workers' compensation is the South Carolina Workers' Compensation Commission.

    The Commission is governed by seven commissioners, each appointed to a six-year term by the Governor with the advice and consent of the Senate.

    The commissioners are responsible for hearing and deciding contested cases, for conducting informal conferences with employers and employees, and for approving settlements and hearing appeals. A single commissioner hears the case first. The commissioner's decision may be appealed to the full Commission, and in turn to courts at various levels.

    If you are hurt on the job and need help filing a claim, contact The Derrick Law Firm for a FREE consultation. 843-248-7486.

    Conway Workers' Compensation Lawyer Dirk Derrick has over 31 years of experience in personal injury law, including workers' comp and will work to get you the full value of your case.