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Frequently Asked Questions

Workers’ compensation is typically the exclusive remedy for employees who are covered, meaning they cannot sue in Civil Court for damages for their workplace injury. (There are some exceptions.)

But not all workers are covered. If you’re a freelancer or independent contractor that receives a 1099 rather than a W-2, you may not be covered by workers’ compensation. However, you can sue if the injury was the result of another party’s action or negligence.

What if you discover that you’re not covered by your employer’s workers’ comp insurance, but you think you should be? Sometimes employers intentionally mis-categorize their employees, even though it’s up to the law to determine an employee’s coverage status, not the employer. If this is your situation, you should definitely speak to a lawyer, because you may be wrongfully denied coverage.
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Law, like medicine, is a specialized field, and the majority of attorneys take cases in just a few main areas of practice. This allows them to get the experience and deeper knowledge they need to be more effective for their clients. Just as you’d go to a heart specialist for heart troubles, you should go to a personal injury lawyer for help with your personal injury case. This may sound obvious, but it can be tempting to ask a friend or relative who is an attorney to help you with your situation for free, even if they have no background in personal injury. But think twice before doing this. 

An attorney who isn’t experienced in personal injury may not have what it takes to get you the damages you deserve to compensate for lost wages, bodily injury, property damage, pain and suffering, and other damages. The end result could be financially devastating to you as well as a waste of time. When fighting a personal injury case, work with someone who dedicates a significant amount of their time to personal injury.

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It’s possible to visit, live, and work in the US on a temporary basis through nonimmigrant visas. However, when people talk about immigrating to the US, they are referring to securing the right to live and work here permanently by attaining a permanent resident card, commonly known as a green card. The categories discussed below are paths to getting a green card.

Family-Based Immigration

Relatives of US citizens and green card holders account for the majority of immigrants to the US every year. This category also includes fiancé(e)s and widow(er)s of a US citizen.

Employment-Based Immigration

This category includes immigrant workers, who are typically sponsored by their employer, and immigrant investors. Approximately 140,000 employment-based visas are made available each year.

Refugee or Asylee Status-Based Immigration

The number of refugees (who are outside of the US when they apply to enter the country legally for protection) and asylees (who are already in the US when they apply for asylum) immigrating to the US varies each year.

Lottery-Based Immigration

The Diversity Immigrant Visa Program (DV Program) is a potential pathway to permanent residency for people who want to immigrate to the US but don’t fit into other eligibility categories. Approximately 50,000 immigrant visas are made available each year for winners chosen at random by a computer program.

Immigration through Other Means

Other ways to get a green card include pathways for victims of abuse, human trafficking, and crime; “special immigrants” including certain types of workers and abused or neglected juveniles; people who have lived in the US continuously since before January 1, 1972 (green card through registry); and people with other various, rarer backgrounds or circumstances.

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Economic Damages After a Car Accident

Also known as special damages, economic damages are a type of compensatory damages that are related to the direct financial losses suffered as a result of the accident. Lost wages and medical bills are two common examples, but there are many more. South Carolina code lists the following as economic damages:

  • medical expenses and medical care
  • rehabilitation services
  • costs associated with education
  • custodial care
  • loss of earnings and earning capacity
  • loss of income
  • burial costs
  • loss of use of property
  • costs of repair or replacement of property
  • costs of obtaining substitute domestic services
  • a claim for loss of spousal services
  • loss of employment
  • loss of business or employment opportunities
  • loss of retirement income
  • other monetary losses

Noneconomic Damages After a Car Accident

Also known as general damages, noneconomic damages are another type of compensatory damages and are intended to compensate the plaintiff for non-financial hardships and losses. These losses are often difficult to place a value, as there is no statutory rule or other directive on which a jury or insurance company can base a monetary value. Because of this, it is often a good idea to consult an attorney to discuss these issues. Each case is different and each person’s situation may be unique, and your attorney should be able to take that into account.  Pain and suffering is the best known of general damages, but there are many others. South Carolina code lists the following as noneconomic damages:

  • pain
  • suffering
  • inconvenience
  • physical impairment
  • disfigurement
  • mental anguish
  • emotional distress
  • loss of society and companionship
  • loss of consortium
  • injury to reputation
  • humiliation
  • other nonpecuniary damages
  • any other theory of damages including, but not limited to, fear of loss, illness, or injury

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