When a Myrtle Beach roofer fell more than 15 feet from a roof, the physical injuries were only the beginning of his ordeal. What followed was a complex legal battle that tested not only the limits of South Carolina’s workers’ compensation system but also the resolve of our team to fight for justice.
Roofer Falls Over Fifteen Feet
Jonny, a hardworking roofer in Myrtle Beach, was performing routine work when tragedy struck. He fell roughly 15 to 20 feet from a roof. The impact shattered both of his wrists, caused a serious hip injury, and left him with a head injury that would affect his balance and cognitive function for months to come.
Emergency responders transported him to a local hospital, where surgeons worked to repair Jonny’s wrists with plates and screws. Despite the success of the surgery, doctors warned that he would likely face permanent limitations, making it nearly impossible to return to the kind of physically demanding labor that had supported his family.
A Complex Case from Day One
Jonny contacted Joye Law Firm Injury Lawyers less than a week after the fall, and Attorney Ryan McCullar, Case Manager Marcy Huckabee, and Legal Assistant/Translator Carolina Richardson took on the case. From the start, they faced obstacles that would have discouraged a less experienced team.
As is often the case in construction and roofing industries, the chain of employment was unclear. Our client had been working under a subcontractor and was being paid in cash, a setup that often makes it difficult to prove the employment relationship and accurately calculate average weekly wage and weekly disability benefits. The insurance company for our client’s direct employer claimed that it had properly canceled the employer’s workers’ comp coverage for non-payment of premiums. Under South Carolina law, a construction worker whose direct employer was uninsured can file a claim under the general contractor’s workers’ comp coverage. Mr. McCullar filed a hearing request properly listing all potential sources of coverage.
We knew Jonny was entitled to protection under South Carolina’s workers’ compensation laws and immediately began gathering documentation, interviewing witnesses, and piecing together the web of contractors and subcontractors involved in the job.
Navigating Workers’ Comp Delays and Denials
As our team built the case, they encountered another familiar challenge: delay tactics. Hearings before the South Carolina Workers’ Compensation Commission (WCC) were repeatedly postponed, as the insurance company lawyers kept claiming they needed to do more discovery. Months went by as Jonny continued to heal physically, but struggled financially and mentally as he was being paid no weekly disability benefits. With no income, ongoing pain, and limited access to medical care, his situation grew increasingly desperate.
Then, just eight months after the accident, the case was turned upside down.
Unexpected Deportation to Honduras
While driving one afternoon, Jonny was pulled over for a minor traffic infraction. During the stop, law enforcement discovered he was undocumented and detained him, ultimately deporting him to Honduras shortly thereafter. As anyone involved in the South Carolina workers’ compensation system knows, there are numerous industries in the state that rely on undocumented laborers to do their work. This includes broad portions of the construction, landscaping, and hospitality industries. South Carolina law makes it clear that a worker’s undocumented status has no impact on their entitlement to workers’ compensation benefits.
The timing couldn’t have been worse. His workers’ compensation case was still pending, and a hearing was scheduled for one month after his deportation. Without his presence in South Carolina, one of the insurance companies filed a motion asking that the case be “stayed” until Jonny could appear live in South Carolina for a hearing. The presiding Commissioner issued an order staying the case until he could return for in-person court proceedings.
In reality, this would have essentially ended his case, since a return to the U.S. was impossible.
If our client couldn’t attend hearings, it also meant he had no access to the ongoing medical care or replacement income he desperately needed. His future seemed to hang in the balance.
Setting a Precedent in South Carolina Injury Law
When the case hit this critical impasse, Managing Partner Ken Harrell stepped in to work with Mr. McCullar. With almost four decades of experience and a reputation for taking on tough cases, Attorney Harrell immediately recognized that this wasn’t just about one client; it was about setting a dangerous precedent.
“What do you think insurance companies would have done if we let this go and word spread that a work comp insurance company could permanently place a case on hold if an injured worker was deported?” Harrell asked pointedly. “They would have started calling ICE on every undocumented worker who was hurt on the job. These workers tend to do some of the most dangerous and most physically challenging jobs there are – jobs that many American workers would not do. This is why we stick up for underdogs, not just our clients but all vulnerable workers. Whether or not you believe undocumented workers should be in the U.S., if they are employed and injured on the job, rest assured that their employer knew darn well they were not documented when they hired them, and they deserve to be paid for their injuries. We are talking about fellow human beings here.”
Attorneys Harrell and McCullar refused to accept that deportation should void a worker’s rights under South Carolina law. They pressed forward, arguing that justice should not depend on a person’s immigration status, especially when the employer benefited from their labor. After filing an appeal to the Workers’ Compensation Commission’s appellate panel, the Commission held a judicial conference and initially ruled that the hearing Commissioner’s order was not appealable. At that time, Mr. Harrell and Mr. McCullar started preparing to file an appeal to the South Carolina Court of Appeals. In the midst of that process, the Commission changed course, and the hearing Commissioner issued an order rescinding his original order ruling that, as a matter of fairness, a worker in Jonny’s situation should be allowed to use the commission’s remote access technology to move forward with his hearing.
“One of the things that really had me worked up about this case is that the Commission wisely implemented remote access technology during COVID to allow the system to keep operating,” said Harrell. “The Commission should be deservedly proud of how well it continued to function during the pandemic, but not to use that same technology to allow a worker in Jonny’s situation to have a hearing would have been a travesty of justice.”
Interestingly, after the hearing Commissioner’s original order staying Jonny’s case, the insurance company with the most exposure offered to settle the case for $30,000, far below the case’s true value. However, as soon as that order was rescinded and a new hearing was rescheduled, all of the insurance companies involved contacted Mr. McCullar and Mr. Harrell, asking to set up a mediation or settlement conference. That mediation was scheduled for October 16, 2025.
A Life-Changing Workers’ Compensation Settlement
In the end, Joye Law Firm secured a $145,000 settlement through mediation on behalf of Jonny. For a man who had lost his ability to work for over a year, his health, and his ability to remain in the United States, this outcome was life-changing.
The settlement will allow him to start anew in Honduras, supporting his family, accessing necessary medical treatment, and rebuilding his life with dignity.
“This case represents exactly what Joye Law Firm stands for,” said McCullar. “We don’t back down when things get complicated. We fight for people who might otherwise be forgotten, because that’s what compassion and fairness demand. The settlement amount may not seem like a lot to many people, but it was a good result given the caps that are in place for a South Carolina workers’ comp case. More importantly, it was enough to allow Jonny to get his life back on track.”
While this case concluded with a favorable settlement, we’re even more proud of the broader implications of this result. By not backing down, we ensured that South Carolina’s workers’ compensation system could not be manipulated to deny benefits based on a worker’s immigration status. It sends a clear message to employers and insurers: workers’ rights do not disappear simply because someone lacks documentation.
Upholding Justice for All South Carolinians
Joye Law Firm has represented injured workers across South Carolina since 1968. Cases like this one serve as powerful reminders of why we come to work every day, to protect the rights of those who might otherwise be left behind.
If you or someone dear to you has been injured on the job and isn’t sure where to turn, Just Call Joye. Our team is available 24/7 and offers a free consultation to everyone who contacts us. We have a full team of bilingual legal professionals ready to listen, explain your rights, and guide you through every step of the process, no matter your background or circumstances.
Disclaimer: Past results do not guarantee future outcomes.
