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 843-488-5360, to speak directly with us about your legal concerns.

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  • What is a "Survival Action?"

    If someone dies an untimely death related to another's actions, a survival action may brought for the benefit of the Estate, and includes any damages that the decedent could have sought, had he or she not died.  

    Therefore, you need to prove negligence, recklessness, or intentional conduct.

    The following damages can be obtained in a survival action:

    1. Medical bills incurred in the accident;

    2. Pain and suffering incurred before death; and

    3. Possibly punitive damages if the at-fault party was reckless or acted intentionally.

    If you lost a loved one due to another's actions, you may have a wrongful death and survival action claim. Contact Myrtle Beach Personal Injury Lawyer Dirk Derrick for a free consultation. 843-488-5360.

    Has Your Loved One Died To The Negligence Of Others?

    If you're loved one has died due someone else's negligence you need to speak with an experienced wrongful death attorney as soon as possible. Contact us online or call our Conway, South Carolina office directly at 843-484-0707 to schedule a free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • When will my workers compensation benefits be terminated?

    If you are hurt on the job, you are entitled to workers' compensation benefits. These benefits should continue until you reach a certain set of circumstances.

    Once the doctor releases you and you are able to return to work, with or without restrictions, you should receive two copies of Form 15 with Section II completed within 150 days of notification of the accident. This will indicate that workers' compensation has been stopped and for what reasons.

    If the insurance carrier stops your benefits in violation of the law, a hearing will be requested and back pay can be awarded.

    Workers' Compensation can be a challenging institution to deal with and you may need a Personal Injury Lawyer to get you the benefits you are entitled to and need in the event you are hurt on the job.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • How do I report an on the job injury?

    If you are hurt on the job, you will need to report the accident and all injuries to your employer immediately. You should also seek medical treatment immediately, if it is needed.

    If you neglect to report the injury within 90 days of the accident, you may lose access to any workers' compensation benefits. Although you must report the injury within 90 days, you have up to two years to file a claim for the benefits.

    If a worker dies because of work related injuries, the worker's dependents, or parents if there are no dependents, must file a claim within two years of the death to claim workers' comp benefits.

    Workers' Compensation can be very confusing and tough to handle on your own. If you find yourself needing help with your benefits, you may need a Personal Injury Attorney to get you the treatment and benefits you need.

    Attorney Dirk Derrick has over 29 years of experience in workers' compensation law and will work to get you the full value of your case.

    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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • What treatment can I get through Workers' Compensation?

    If you are hurt at work and file a workers' compensation claim, you are entitled to all necessary medical treatment that is likely to lessen your disability or injury.

    Workers' compensation generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. 

    Keep in mind that in order to receive these benefits you must go to the doctor chosen by your employer or its insurance representative.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • 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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • 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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • 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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • 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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • 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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • 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.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.