Frequently Asked Questions

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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  • Am I covered by workers' comp if I'm injured on my way to or from my job in Myrtle Beach?

    Workers’ compensation is available to help employees injured on the job, but there are exceptions. You may find it difficult to get coverage from workers’ compensation if you were hurt on the way to or from a job site due to what’s known as the “going and coming” rule. It’s important to understand how this rule works and if it applies to your situation.
    Myrtle Beach Workers' Compensation Lawyer The Derrick Law Firm

    When Workers’ Comp May Cover Your Traveling Injury

    In many cases, your injury simply won’t be covered under workers’ compensation if it occurred while walking, driving, or taking public transportation to work or back home. However, there are potential exceptions to this rule, and that’s why it's important to enlist the aid of a legal team that knows how the system works. An experienced workers’ comp lawyer may be able to help if:
     
    You were hurt while running an errand at your employer’s request
    You were injured while performing job-mandated duties along the way to or from work
    You were injured on a route that is inherently dangerous and directly maintained by your employer, or it is the only way to access your work location
    Your transportation method was directly provided by your employer, or you were compensated for the travel time
     
    It's important to know that workers’ compensation isn’t usually available when simply driving to or from your daily shift or to a mandatory staff meeting. However, the coming and going rule doesn’t apply when performing an unusual service that falls outside your normal duties such as coming home after traveling outside your usual route for a work emergency.
     
    If you think you may qualify for an exception to the rule, you need to contact an attorney with substantial workers’ compensation experience to help you receive the most possible compensation while dealing with a debilitating injury.

    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, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Can I obtain workers’ compensation benefits if I’m a part-time employee?

    Whether out of necessity or convenience, millions of Americans work part-time jobs. While the Fair Labor Standards Act does not specifically define part-time employment, it is generally considered a position in which an employee works less than 40 hours per week. Typically, part-time workers are not provided many of the same benefits as full-time workers, including healthcare benefits, paid time off, and retirement savings options. So, it’s natural that part-time employees may wonder where they stand when it comes to work injuries and workers’ compensation benefits.
    Myrtle Beach Workers Compensation Lawyer The Derrick Law Firm

    Myrtle Beach Part-Time Employees Can Obtain Work Injury Benefits

    In South Carolina, all employers with four or more employers are required to provide workers’ compensation benefits to employees, including part-time employees. The only exception to this rule includes certain types of workers such as some railroad workers, agricultural workers, some realtors, and some temporary workers.
    Benefits for part-time workers would be similar to those of full-time workers. Injured employees are typically able to obtain compensation for medical care, lost wages, and permanent impairment. However, each injury situation is unique, and the specific details of your employment and injury would dictate the benefits available.

    Seeking Workers’ Compensation Benefits After an Injury

    Part-time employees should follow the same steps as a full-time employee when seeking benefits after suffering an injury on the job. This includes:
     
    Report the injury to the employer.
    Seek medical care.
    Follow the advice and direction of your medical provider.
    Retain all records and receipts related to the injury.
    Consider discussing your claim with an attorney to ensure your rights are protected.
     
    Part-time workers have rights that can be protected. If you have suffered an injury in the course of your part-time job, you may be eligible for workers’ compensation benefits. 

    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, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Can I choose my own doctor for treatment of a Myrtle Beach work injury?

    The South Carolina workers’ compensation system provides medical care to employees who are injured on the job. Under state law, workers have a right to “all necessary medical treatment that is likely to lessen [a worker’s] disability.” It is required, however, for injured workers to follow some guidelines when seeking that care.

    Choosing A Doctor Following A Work Injury The Derrick Law Firm

    Obtaining Treatment After a Work Injury

    At times, a worker is injured so severely that emergency medical care is needed. In these cases of severe or life-threatening injuries, workers’ compensation will cover treatment in an emergency room, which could include testing, medication, hospitalization, and even surgery.

    However, for less serious injuries, injured workers are required to seek care with a doctor selected by their employer or its insurance company. When a worker notifies his employer of an injury, the employer should provide information directing the employee to the appropriate care provider. Treatment by another provider won’t be covered by workers’ compensation benefits, and the injured employee has to pay those costs out of pocket.

    Changing Doctors for a South Carolina Work Injury

    If an injured worker is not happy with the care of the employer-selected doctor, it is possible to request a change. The worker should contact the employer (or its insurance company) to inquire about finding a new provider or fill out a form 50 to request a hearing with the state’s workers’ compensation commission.

    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, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • If I am injured in a work-related car accident, can I obtain workers’ compensation benefits?

    Car accidents are the leading cause of work-related deaths in the U.S. And while it’s true that many of these crashes involve those who work in driving-related fields, the Centers for Disease Control and Prevention (CDC) reports that 55 percent of workers who died in crashes in 2017 were not employed as vehicle operators. The risks for car accident injuries are real for employees in nearly all fields, and it is possible to obtain workers’ compensation benefits in South Carolina if you suffer injuries in a car crash while on the jobWorkers' comp for accidents while driving on the job The Derrick Law Firm

    Obtaining Workers’ Compensation Benefits After a Crash

    The medical care and wage replacement benefits provided by workers’ compensation are available to any worker who suffers an injury, as long as he is an employee of the company and the injury occurs in the course of his job. This can include injuries sustained in a car crash when driving on work-related business. Driving for a job can encompass many situations, including:

    • Making deliveries
    • Picking up job or office supplies
    • Transporting another employee or client
    • Running an errand for the employer
    • Driving for a living
    • Traveling for work

    South Carolina’s Coming and Going Rule

    It is important to note that driving for work does not include the daily commute. In what is known as the Coming and Going Rule in South Carolina, drivers are not typically covered under workers’ compensation if they are injured in an accident while they are driving to work from home or back home after the workday ends.

    Have You Been Injured In A South Carolina Area Car Accident?

    If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. 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, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

     

  • What should I do after being injured at my job in Myrtle Beach?

    Across the United States in 2018, there were more than 2.8 million reported nonfatal workplace injuries and illnesses. In South Carolina, injured workers were provided more than $827 million in medical premiums paid for care related to their injuries. The workers’ compensation system exists here and across the country to ensure that employees who are hurt or fall ill on the job are able to obtain the medical treatment and compensation they need to recover as fully as possible. It can seem overwhelming, though, for those who have never experienced an injury and must navigate the system. There are five important steps to take after a work-related injury. What to do after a work injury

    5 Things Injured Workers Should Do After an Injury

    After a work injury, an employee may be hesitant to pursue a workers’ compensation claim. In some cases, he simply might be unsure of what to do. In other cases, he may fear his claim will be denied. However, workers’ compensation benefits are available to injured employees regardless of fault, and employers are expressly forbidden from retaliating against a worker who has filed an injury claim. If you or someone you love suffered an injury on the job, it’s important to:

    1. Notify your employer. Make your employer aware of your work-related injury as soon as possible. By law, workers have 90 days to provide this notification, but it’s best to do so with hours or days of the injury. Provide the notice in writing, and keep a copy of the notice.
    2. Seek medical care. In South Carolina, employers are allowed to choose the care providers of injured workers, except in immediate, emergency situations. Your employer should offer a list of approved providers, so you can find a doctor who meets your needs. It is essential to see a doctor as soon as you can; failing to seek care for an injury undermines the seriousness of the claim.
    3. Retain all records and receipts. Keep any documents related to your work injury and your employment, including medical bills, injury reports, employer emails or evaluations, doctor notes, and anything else that may be considered during a workers’ compensation claim.
    4. Maintain a journal documenting your injury experience. It is often helpful to keep a personal record of your injury. While a journal may not be admissible as evidence, it can help keep your memory fresh and provide a vital timeline of events.
    5. Contact an experienced workers’ compensation attorney. Although the assistance of an attorney is not required in a workers’ compensation claim, an experience lawyer can help injury victims understand their rights fully and obtain all the compensation to which they are entitled. Many injured workers have never utilized the workers’ compensation system before, and an attorney can help you avoid common pitfalls that can hurt your claim.

    Even if you aren’t sure if you are eligible for workers’ compensation benefits, don’t wait to protect your rights. Our experienced lawyers can help you understand your rights and responsibilities and take effective action, so you can get on the road to recovery as soon as possible. Call our Myrtle Beach office today, or take a moment to fill out the contact form on this page to get in touch with a member of our team.

     

  • Can I receive both workers’ compensation and unemployment benefits in Myrtle Beach?

    collecting workers' comp and unemployment together Derrick Law FirmWork injuries can take a wide variety of forms. Some involve simple medical treatment with no missed work, while others require extensive medical care and long periods during which the employee is unable to work.

    In South Carolina, assistance programs available to individuals who are not working include both workers’ compensation and unemployment. Injured workers may wonder if it’s possible to obtain compensation from both programs in South Carolina.

    Workers’ Compensation vs. Unemployment Benefits

    First, it’s important to understand the difference between these two entities. While both provide compensation for those out of work, they do have some key variations.

    • Workers’ compensation provides compensation for medical care and lost wages to employees who suffer an injury on or related to their job
    • Unemployment benefits are, in general, available to those who lose their job through no fault of their own, are available to work, and are actively seeking new employment.

    These definitions indicate that it is not possible to receive both types of compensation. A worker can pursue workers’ compensation benefits when his injury prevents him from working and making a wage, while one of the requirements for unemployment benefits states that the person is able to work and actively looking for employment.

    If a person were to receive compensation from both entities, they would be telling opposite stories—claiming to workers’ compensation that they are injured and physically unable to work, while at the same time asserting to the unemployment office that they are capable and available to work.

    When Benefits Systems Work Together in Myrtle Beach

    Although you generally can’t collect from both programs at the same time, there are more complicated situations in which it is possible to utilize both the workers’ compensation and unemployment systems. This is rare, though it does happen. 

    For example, there are cases in which a worker is partially and permanently injured on the job. When he recovers as fully as possible, he may no longer be able to return to his old job given his new physical limitations. While he is seeking a new job appropriate for his current skills and capabilities, he may then be eligible for unemployment benefits.

    We Can Help You Protect Your Right to Compensation

    In any situation, state laws are typically strict when it comes to benefit and compensation programs, so it’s very important to fully understand your rights and responsibilities. If you are unsure of how to proceed after a work injury, it’s a good idea to consult an experienced workers’ compensation attorney. 

    At The Derrick Law Firm, our legal team has helped many injured workers obtain the compensation they deserve. Call or Myrtle Beach office at 843.488.3165 or take a moment to fill out the contact form on this page to learn more about what we do and how we may be able to help. We are also able to meet clients at our Conway, Murrels Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

     

  • Is stress or mental injury covered under Worker’s Compensation?

    If you have a mental injury caused by an extraordinary or unusual event while on the job, it may covered under Worker’s Compensation.

    The South Carolina Worker's Compensation Act covers a variety of injuries that occur on the job. There are some restrictions or requirements for mental injuries.The injury must pass a two part test to determine if it is covered through worker's compensation.

    For more information on if your injury is covered, please read our full blog detailing the requirements for mental injuries 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, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • If I have a stroke or heart attack at work, is it covered by Worker’s Compensation?

    The South Carolina Worker's Compensation Act covers a variety of injuries that occur on the job. There are some restrictions or requirements for injuries like a heart attack or stroke. The injury must pass a two part test to determine if it is covered through worker's compensation.

    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, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

    Voted Best Attorney in Conway and Best Attorney in Myrtle Beach by the readers of the Horry Independent and the Myrtle Beach Herald, Attorney Derrick has the experience and knowledge to get you the full value of your case.

  • Are my injuries covered through Worker's Compensation?

    If you are injured on the job through a routine task or an unforeseen event, your injury could be covered through Worker’s Compensation.  For more details on this topic, please visit the full blog.

    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, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • If I have an accident at work, can I file it under Worker’s Compensation?

    If you are injured at work, you may file it under Worker’s Compensation.

    An accident is defined most basically as when a voluntary action results in an injury or death. For a more detailed explanation of what injuries are considered accidental, please visit the full blog.

    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, Murrells Inlet, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

    Personal Injury Lawyer Dirk Derrick has been practicing at his own law firm since 1991 and has been voted the Best Lawyer in Myrtle Beach by the readers of the Myrtle Beach Herald.