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 843-248-7486, to speak directly with us about your legal concerns.

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  • 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 843.248.7486 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, Charleston, Mt. Pleasant, Columbia, 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, Charleston, 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, Charleston, 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, Charleston, 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, Charleston, 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.

  • If I am hurt on the job, will my employer pay me for my injuries?

    If you are injured on the job as a result of an accident, you may be eligible for Worker’s Compensation benefits that will pay for your medical treatment. Depending on the amount of work missed, you could be reimbursed for that time as well as receive paychecks while you are unable to work.

    For more information regarding your claim, visit the following blog for more details.

    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.

  • If I get injured on the job and hurt a body part that was injured before, will Worker's Compensation cover it?

    Yes. If you are hurt on the job and sustain an injury that worsens a previous condition, or causes additional loss of use, or actual loss of that body part, you may be compensated through the South Carolina Worker’s Compensation Commission.

    For more information on this topic, please see our 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, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • Will Worker's Compensation cover my bills if I lose a body part at work?

    If you are on the job and lose, or lose use of, a part of the body that leaves you permanently partially disabled, you will be compensated through the South Carolina Worker’s Compensation Commission.

    For more detailed information, please see 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, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

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

  • Can I choose my own doctor for a workers' compensation claim?

    When you are hurt at work and file a workers' compensation claim, you must see the doctors they provide for you. If you would like a second opinion, you must get permission.

    You may talk to the insurance carrier and see if he or she will allow you to go to another doctor, or you can request a hearing by completing a Form 50 and have a Commissioner make a determination on the 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.

    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.

     

  • How do I file a workers' compensation claim?

    You need to file a workers' compensation claim if your employer does not report your accident, denies your injury by accident, or if you believe you did not receive all of your benefits. 

    To file a claim you must submit a Form 50 or Form 52 to the SC Workers' Compensation Commission.  

    If any of the instances above happen to you, talk with an attorney prior to filing a claim unless you are educated and have experience regarding South Carolina Worker's Compensation Law and Procedure.

    Since 1991, The Derrick Law Firm's Dirk Derrick has practiced personal injury law including workers' compensation claims. Mr. Derrick was voted Best Attorney in Myrtle Beach and Best Attorney in Conway by the readers of the Myrtle Beach Herald and the Horry Independent.

    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.