Tammy Hollifield

May 31, 2025

Working with Rob Usry and his team was a great experience. They took the time to answer all our questions about my husband's worker's comp case and did everything they could to make the process as easy for us as possible. We would highly recommend them for your legal needs.

Rebecca Smith

May 15, 2025

Mr. Usry and his staff are wonderful to work with. I reached out for advice when a recent accident caused damage to my house and car. They answered all my questions and explained all my options. They have the knowledge and haven't forgotten how to treat people with kindness and respect. I wholeheartedly recommend them.

Rebecca Smith

May 15, 2025

I used this firm to help with a workman's comp dispute. We started the process on February 1, 2023 and had a settlement agreement by August 22, 2023. I found the office staff to be friendly and more than capable to answer my questions and guide me through this process. Pam Worley and Rose Fagan sent prompt emails letting me know what I needed to do and the status of the claim. Mr. Rob Usry was patient and called personally to let me know what was happening and what the next step would be. He negotiated well with the Workman's Comp legal team and reached a fair agreement. If you are looking for an attorney that communicates well, is friendly, and will work in you behalf, I strongly recommend Holland & Usry, P.A.

Randall Garrett

May 13, 2025

I got hurt on the job in Gaffney SC. I saw rather quickly that I was going to need help. Rob Usry was referred by a friend who had a great experience with their services. So I contacted them and it was the best move I could have ever made. Rob and his staff were amazing they treated me and my wife like family. They left no stone unturned while working on my case and I could not be happier with the results. I would highly recommend Rob Usry and his team to anyone who is in need of a lawyer in the upstate. They are the best in the business.

Vickie Alumbaugh

May 3, 2025

Rob Ursy PA and Rose Fagan did a wonderful job with my workmen compensation case. I slipped at my work in Spartanburg, SC. I was treated respectfully and that I was important. They helped me communicate with workmen compensation to get a case the right way. Communicate with opposing counsel. An settlement was offered. Ultimately, I settled with workmen compensation insurance thru my work. The settlement was for good bit more than was originally offered. I am glad I got what I needed to get my injury repaired. Thank you!!

Jason Wines

March 25, 2025

I had a great experience.The staff really goes the extra mile to serv you and your needs. When ever I need the help of a trusted law firm I will always turn to them.

Wendie Lawson

March 7, 2025

Seeking help from an attorney was not on my radar when I was injured at work. Unfortunately, workers compensation became a barrier between me and the treatment I needed. Months battling workers compensation, being questioned relentlessly and then rejected, I contacted Holland & Usry, P.A. Mr. Usry and his team went to bat for me and I received the necessary treatment I needed, in addition to medical bills being paid. Workers compensation is a bear to deal with. If not for Mr. Usry and Rose, I would still be in a needless and stressful battle with them - this I am sure! I am extremely grateful for the honesty, integrity and compassion given me from this group! My journey is still in motion and Mr. Usry and Rose are taking care of business! Wendie Lawson I

Marilyn Anderson

February 20, 2025

My husband and I were victims of a hit and run accident about a year ago, My husband suffered a cracked clavicle and deep bruises to both knees, my injuries required a session of physical therapy. We had never been in an accident, and we felt victimized - our car was totaled, and we both suffered panful injuries. Following advice of friends and family, we decided to consult an attorney. Rob Usry was highly recommended, and we decided to ask him to represent us. Rob and his staff - Rose and Pam - were professional, thorough and supportive . They walked us through every step of the way. Since my husband and i are senior citizens with little experience with lawsuits, and unreliable computer skills, we needed help. Rose patiently answered our question and coached us along through computer glitches. Pam would organize and evaluate the seemingly endless maze of medical bills. When it came time to dicker with with insurance companies, Rob was the persistent master of negotiations, and we are very happy with the outcomes of our case. We are thankful to Rob Usry , Attorney At Law. and his staff, and highly recommend them to help you find the answers to the question - I Just Got In a South Carolina Car Accident. Now What.?

How Do South Carolina Workers’ Compensation Death Settlements Work for Fatal Job Accidents? Who Qualifies?

Rob Usry

August 22, 2014

Library, Worker’s Compensation

How Do South Carolina Workers’ Compensation Death Settlements Work for Fatal Job Accidents? Who Qualifies?

When a worker passes away as the result of a work injury, South Carolina workers’ compensation law provides some very important benefits that might help keep survivors financially afloat for a while. Determining what portion of those benefits you qualify for can be very complicated, deepening the turmoil and frustration of a family already plunged into unexpected loss.

If you need this information, we are terribly sorry for your recent loss. We hope the information here helps you understand how benefits are split between the typical beneficiaries in a South Carolina workers’ compensation death case.

These cases get complicated, and you and your family can’t afford to be shortchanged. Let us make it easy on you. Get your questions answered in a free*, no pressure strategy session with a Spartanburg, SC workers’ comp attorney. Call toll free at (864) 582-0416 or fill out a Get Help Now form.

“Wholly Dependent” Beneficiaries Get the Maximum Benefit

These beneficiaries qualify for at least a share of the maximum benefit:

A surviving spouse and certain children are presumed “wholly dependent.” South Carolina law presumes the surviving spouse is entitled to at least half of the maximum benefit. Children also qualify if they are under age 18; or they are age 19 to 23 and full-time students; or they are mentally or physically incapable of supporting themselves. If a child loses his right to this presumption, the rest of the benefits get paid to the surviving spouse; if there is no surviving spouse, the case is treated as if the worker left no dependents, a situation we will discuss later. There’s one vital exception: a child who gets benefits for being under 18 cannot lose the maximum benefit.
Any other person proven “wholly dependent” on the worker. Unlike surviving spouses and children, who are automatically presumed to be dependents, these folks must prove that the deceased worker was their main source of income.
Nonresident aliens are treated differently. South Carolina law limits the dependents of a nonresident alien to a surviving spouse and children; if the deceased person had neither a spouse nor children, a surviving parent the worker supported for at least the prior three years can be classified as a dependent. The benefits for nonresident aliens can be slashed to half the value of benefits owed, reduced to present value.

Wholly dependent beneficiaries take the entire benefit, meaning folks who are partially dependent on the worker get nothing.

Partial Death Benefits Are Rare

Partial death benefits are available only if there are no wholly dependent beneficiaries. To qualify, a survivor must prove he depends on a worker for part of his support, then prove the amount of death benefits he is entitled to. This can involve an extremely complex calculation, taking into account the proportion of the worker’s income given to you every year.

Benefits When the Worker Leaves No Dependents

Remember the surviving spouse and certain children are presumed dependent, as described above.

If there are no dependents. All benefits go to the spouse, and if none, the children.
If there are no children, benefits go to the worker’s parents. Parents can be barred from getting any benefits if it is proven they failed to provide for the worker’s needs as a child, as required by law.
No dependents, children, or parents. The worker’s personal representative of the estate gets the actual costs for burial and administration of the estate. The rest of the benefits get paid to the Commission to be distributed according to law.

Claiming the Benefits You Deserve Under Law

If you’ve been shocked by the death of a loved one from an on-the-job injury in Spartanburg County or anywhere in South Carolina, you owe it to yourself to speak with an experienced South Carolina workers’ compensation lawyer. He can ease your burden. He will make sure you don’t overlook any benefits you are entitled to and make sure your family is protected as best as it can be.

If you’re suffering a tragic work-related loss, you don’t have to deal with it alone. Feel free to contact us in the best way for you: by email, by live chat from our site, or by calling us at (864) 582-0416 toll free. We would like to show your what we can do to make sure you get all the benefits you can, as fast as possible, and give you legal support in an uncertain time.

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Rob Usry

Rob is a Spartanburg personal injury lawyer. Rob also practices as a workers’ compensation attorney.

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John Holland

John Holland is a Spartanburg Family law attorney, practicing since 2012.

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