South Carolina Injury Lawyer Blog

Those injured on the job in South Carolina that suffer total wage loss as a result of their serious injuries must prove their loss pursuant to S.C. Code Ann. §42-9-10 (Amount of compensation for total disability; what constitutes total disability). Not all workers' compensation accidents result in total wage loss but many do.

It is important to note that the worker really needs to have medical evidence and opinions that support a finding that he or she is totally disabled from work and will suffer loss of earning capacity in order for this code section to apply. If those hurt on the job can meet this burden of proof, then the law provides that the employer shall pay sixty-six and two-thirds percent of his average weekly salary during the period of total disability.

Also, importantly, some medical conditions are conclusively presumed to constitute total and permanent disability. For example, "the loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes, or any two thereof, constitutes total and permanent disability..." Equally important is that those injured on the job are limited to a maximum of 500 weeks of disability benefits for their injuries with only a few exceptions which include physical brain injury, paraplegia and quadriplegia.

In those cases where brain damage and the like exist, the worker then is not subject to the 500 week limitation and rather is entitled to lifetime disability checks and medical care and treatment. In lifetime benefits cases, injured workers cannot receive a total lump sum of their award but are paid in weekly installments for the remainder of their life. Claimants can also move for a partial lump sum of their lifetime benefits to purchase for their needs including, but not limited to, a home. There will be more on this partial lump sum issue in a later blog post.

Anyone working around power lines knows that doing so is a very dangerous job. Many utility company employees are injured on the job or even worse die at work due to work related accidents in South Carolina. The bottom line is that when there is an accident that causes significant injury or results in death, the worker and their families should investigate every possibility to make an adequate recovery and compensate them for their injuries or death, loss of earning capacity, pain and suffering and the like.

Just last week, the Associated Press reported that a utility worker was electrocuted and ultimately died as a result of working on a power line in Macedonia, South Carolina. The man, Jeremy Thomas, was only 25 years of age and worked for the Santee Cooper utility company. He was from Moncks Coroner, which is just outside of Charleston. The on the job accident happened in the morning hours of July 21, 2009.

According to Berkeley County officials, the man was working a highly charged power line when he was electrocuted. He was working in a cherry picker bucket off of a work truck and fell into the bucket when the accident occurred. The deceased worker was later transported to an area hospital where the official word was announced that he had died from the accident.

Continue reading " Utility Worker Dies On The Job In South Carolina After Being Electrocuted " »

South Carolina car accident injury statistics have shown time and again that younger drivers cause more serious injuries and death than older drivers in South Carolina. Anyone can go to the South Carolina Department of Public Safety for the latest numbers of car accidents that have caused injuries and fatalities. Sometimes it is best to place a human face onto the spreadsheets and reports to add texture and reality to what this really means to us all as drivers.

The item.com has done so in its recent article discussing younger drivers. The article tells the story of numerous teenage drivers like 17 year old William Cribb, Jr, and 14 year old Patrick Miller who both died in separate car crashes. Both of their serious accidents involved young drivers at the wheel and both resulted in deaths as well as serious injuries in South Carolina to at least three other passengers. William flipped his truck after he ran it off the shoulder of a well known highway called U.S. 521. Patrick was a passenger in a car and was ejected upon impact. Neither of the two young men were wearing seat belts.

According to South Carolina government statistics, nearly 2,000 people died by drivers between the ages of 15-24 in the past five years alone. While 92 drivers died in car crashes, another 180 sustained injuries in these accidents. The article cited drinking and driving accidents, speeding, cell phone use and text messaging among young drivers as major contributors to their car accidents. Statistics say that teen drivers are much more likely to speed in their vehicles than older more experienced drivers. The article notes as one compelling fact that a driver is almost 6 more times likely to cause or be involved in an accident if he or she drives just 25 percent above the speed that an average driver would travel. Also, smartmotorist.com reports that even a small increase in speed, say 5 miles per hour over the posted speed limit, can be as dangerous as driving at a very high rate of speed, say 100 miles per hour. Importantly, some 90 percent of drivers in the United States will speed in their vehicles at some point in their life. Importantly, those traveling in cars are 4 times more likely to survive an automobile accident if they are wearing their seat belt.

Continue reading " More Evidence That Younger Drivers In South Carolina Cause Serious Injury and Death " »

Another driver was injured during a tractor trailer accident in South Carolina just last week according to a blueridgenow.com report. The accident happened on interstate I-26 when an 18 wheel truck flipped while driving west on I-26. This serious accident happened during rush hour traffic. It is a minor miracle that no other cars were hit by the truck and that no one was seriously injured or killed during the accident. The injured truck operator was transported to an area hospital in Spartanburg where he was treated for his injuries and later released. There were no details in the report as to whether the driver sustained serious injuries due to the accident.

The truck involved in the crash originated out of Charleston, South Carolina. The area where the crash occurred is known as the Saluda grade and caused a traffic jam during the early morning rush on July 10, 2009. Apparently, the truck flipped over off the side of the interstate after it was headed down an decline on the road. The driver lost control of the 18 wheeler and crashed it off the road.

The report included an interview with Jason Sama of the South Carolina Highway Patrol who stated that the driver of the truck was a 61 one year old man named Keith Scott. He apparently drove the tractor trailer off the shoulder of the road and crashed into the trees along the side of the interstate.

Source: Truck driver released from hospital, Blueridgenow.com, Times-News Online, July 10, 2009

On the job injury attorneys know that compensation for most South Carolina Workers' Compensation injuries are addressed by one law on the books known as S.C. Code Ann. Section 42-9-30. This law tells workers' compensation accident attorneys, the injured worker and the public at large the number of weeks of disability benefits that can be paid for various body parts after an accident at work.

A review of Section 42-9-30 reveals that a complete loss of use caused by injury to the injured worker's shoulder is worth two-thirds of the worker's average weekly wage multiplied by 300 weeks. The arm is worth 220 weeks and the hand 185. Section 42-9-30 also addresses numerous other body parts including, but not limited to, the leg, hip, foot, eyes and the back. For the purposes of this statute, South Carolina neck injuries are considered to be back injuries and the "back" includes injuries to the cervical, thoracic and lumbar spine.

Importantly, if the injured worker is given an impairment rating by their doctor that is less than 100% to any given body part then that percentage of impairment is taken out of the number of total weeks available for said body part and this typically serves as the beginning basis to analyze the amount of disability the employee has sustained as a result of his accident. For example, if a man injures his back and receives a 5% impairment rating to his spine, then he would likely be entitled to, at a minimum, 15 weeks of disability benefits (300 x .05 = 15 weeks). Theoretically, the case can be worth zero dollars however in many cases where an impairment rating is assigned the value is substantially greater than zero. Impairment is a medical term of art. Disability is a legal term of art that not only includes impairment but also the worker's age, education, work experience, permanent work restrictions and transferable skills along with many other social factors to determine their ultimate disability in any given case.

Continue reading " South Carolina Work Injuries - Scheduled Period of Disability Addressed By S.C. Code Ann. Section 42-9-10 " »

18 wheeler truck accidents continue to cause death in South Carolina. WSPA news in the upstate of South Carolina reports two fatalities in separate accidents involving trucks in just a little more than one month.

The first accidental death happened on the morning of July 7, 2009, when a tractor-trailer collided with a pick up truck causing the death of a passenger riding in the back of the truck. The collision occurred on Interstate 85 in the upstate of South Carolina. The accident took place mile marker fifteen on the interstate. According to the South Carolina Highway Patrol, the driver of the pickup was heading North on I-85 when he crashed his vehicle into the rear end of the 18-wheeler.

According to the report, Highway Patrol officers said that the truck was towing a boat behind it and was driven by a man from Greenville. Reportedly, there were a number of passengers in his vehicle at the time of the wreck. The deceased was in the back of the truck, was not wearing a seat belt or any other safety restraints and was tossed out of the back upon impact.
The driver of the pickup was injured as a result of the collision and was taken to AnMed Health.

The tractor-trailer operator was reported to live in Georgia. While officers continue their investigation into what caused the accident, Channel 7 reports that authorities believe that the driver of the pickup truck was traveling too fast for conditions. Again, the case is still under investigation and no official report has been filed as of yet.

Nearly one month earlier, a man from Newberry who was riding a bicycle was found dead after he was hit by an 18-wheeler. The accident happened early at night on SC-121 which is very close to Newberry. Reportedly authorities stated that the man entered the road where he was struck by an 18-wheeler. The man died but the official cause of death was still to be determined after an autopsy was performed.

One Dead After I-85 Accident In Anderson County, WSPA Channel 7, Published July 7, 2009.

Newberry Man Killed on Bicycle; Hit by 18-Wheeler, WSPA Channel 7, June 2, 2009.

Continue reading " Two More South Carolina Truck Accidents End In Deaths " »

This past Monday almost turned tragic when at least 42 South Carolina car accident drivers were part of a series of wrecks that occurred on Interstate 26 near Summerville. The accidents happened shortly after five o'clock in the afternoon, which is right during rush hour traffic. The collisions resulted in at least 16 victims that are known to have sustained injuries. Fortunately, no one had any major injuries as of the time of the report. Those that were hurt were treated and released for their injuries at Trident Medical Center and Summerville Medical Center and no one injured required being hospitalized overnight.

All of the vehicles were not involved in the same accident but rather in a series of wrecks that all happened close to the Summerville exit off of I-26. The pileup started after there was reportedly a minor traffic accident on the other side of the interstate. It had been raining that afternoon and some cars traveling West towards Columbia were reportedly "rubber necking" to see another accident on the East bound side of the interstate. Some traffic slowed while others continued at a higher rate of speed and multiple collisions resulted. The West bound interstate was forced to be closed for a period of time as ambulances and police helped the injured and removed the cars and other debris from the road. The East bound side was not closed but traffic did not move for a period of time and onlookers watched the clean up from the 42 vehicle accident.

Remarkably, one hospital official reported that it is not unusual for fifteen to twenty-five people to arrive at those area hospitals from just one accident and cite South Carolina school bus accidents as an example of where there can be multiple injuries during one crash.

Continue reading " 42 Vehicles Involved In Charleston South Carolina Crash on I-26 " »

Two off duty police officers were involved in a serious car accident in South Carolina near Chalreston. The crash happened in Conway at approximately 2:30 pm on July 2nd, 2009, and involved Officer Timmy Fulmore and Officer Pamela Hunt. Officer Fulmore sustained life threatening injuries to his body and was transported by ambulance to Grand Strand Medical Hospital in Myrtle Beach. Doctors at said hospital later announced that he had died from his injuries from the car collision.

Officer Hunt was originally transported to Conway Medical Hospital where she was initially treated for her injuries. She was later air lifted by helicopter to an area medical facility in Charleston, South Carolina, for the serious accident. At the time of this report there were no details available as to her medical condition. The officers were reportedly on their way home after being released from work earlier that same day and were planning on taking some furlough leave.

Source: prisonofficer.org, Tabor CI reporting, July 6, 2009.

Howell & Christmas, LLC analysis and commentary. 2009 is proving to be a deadly year on the highways and interstates in South Carolina and especially on the coast. My experience with men and women in uniform across our state is that they more alert and safety conscious than anyone on the road. Summer months on the coast and in the low country are especially dangerous as tourists from other states take to our roads in great numbers and with no familiarity with local areas and hazards. Deadly South Carolina accidents like this one just go to show that we must all focus on the road and the other cars and trucks around us as we drive to our destinations no matter how short or far the distance.

South Carolina accident and injury lawyers like Howell & Christmas, LLC, wonder if their clients are protected in the low country. According to a recent article in the Beaufort Gazette in South Carolina, new information prepared by the Bluffton Township Fire District reveals that on a daily basis, Beaufort ambulances must scramble to other low country towns, such as Bluffton and Sun City, to help their emergency medical services (hereinafter "EMS") respond to emergency medical calls. Out thoughts at Howell & Christmas, LLC, are that we should all be concerned because if any of us in the living in the southern coastal areas of our state gets into a serious car accident the lack of adequate EMS workers could literally be the difference between life and death.

The report notes that due to recent growth in southern areas of Beaufort County, that during a sixteen month time frame, ambulances to be used in the northern part of the county were made to drive to the southern areas over 400 times to assist in emergency calls. The article further notes that the fire district opines that based upon this information, it is clear that the ambulance numbers and workers are not enough to cover the areas to which they are assigned. According to the article, local fire officials have been reporting that EMS is "stretched too thin" for years.

So why do Bluffton fire authorities care? According to the article, the fire district has to respond to not only fires but also to other emergency calls including medical cases and other serious injuries. An example was given of a serious traffic accident that caused significant injuries on highway U.S. 278 and required a fire truck all the way from the Bluffton fire district to support the EMS workers. Fire officials report that there is a need for at least one more ambulance for the southern part of Beaufort County. Again, my take on this is that we should all be concerned about this lack of emergency response services on our coast because the delayed response time, caused by not being adequately staffed, could lead to any one of us not receiving medical treatment in time.

Importantly, the article notes that the S.C. Department of Health and Environmental Control trauma patients and those with serious injuries have to get to a hospital as fast as possible. DEHC calls the first hour following injury as "the golden hour". An injured person has a much better chance of surviving and/or recovering from their injuries if they get good medical care and treatment within the first hour after the accident.

Continue reading " Low Country Lawyers Wonder If The Injured Are Protected On The Coast of South Carolina " »

For those of you injured on the job, the Charleston accident and injury attorneys Howell & Christmas, LLC wish to give you a basic checklist of things you can do to make sure your get the medical treatment, weekly disability checks and all of the other benefits you are entitled to under the South Carolina Workers' Compensation Act (hereinafter "the Act").

First, you should not to discuss your case with anyone other than your lawyer. One exception may be made to this tip if you want to speak to the insurance adjuster about issues relating to weekly disability benefits checks, reimbursement for mileage, and reimbursement for prescription medications. However, if the adjuster asks you about your injuries, how they were caused, and/or any other issues of substance regarding your claim, simply refer the adjuster to your lawyer.

Second, you should use the diary-journal to document the dates and times of your doctors’ appointments, the amount of your medical bills, what you have been told about your injuries, and how your injuries have affected your daily living. When the injured worker has been released from further treatment he or she can use the journal along with any bills, disability certificates, and other documents they have to prove their losses and other damages.

Third, it is very important that you follow the advice of your doctors and keep all appointments. If you miss an appointment, please be prompt in rescheduling that appointment. It is equally important that you inform your employer and lawyer of any and all doctors appointments you have. Also, you should inform the above of all developments in your medical treatment. This will help everyone in your case updated. Please note that should you choose to see a physician on your own, it will not likely be covered by workers’ compensation insurance nor by your private health insurance. Please also note that should you file with your personal insurance for treatment related to your work accident, workers’ compensation will likely not pay for same. Also, if you file with your personal insurance for your injuries related to your work accident, your personal insurance company will most likely deny payment for your treatment given that it arises from your work related accident and in the even they do pay for any of your treatment, they will likely assert a subrogation claim against you wherein your personal insurance company will seek repayment from you for any and all medical expenses that they have paid for on your behalf that is related to your work accident.

Continue reading " South Carolina Workers' Compensation Accident Checklist " »

A rear end car accident in South Carolina took the lives of two children last week. The victims vehicle was slowing to a stop or had already stopped when it was struck violently from behind by a motorcycle and also by a truck. Two children were riding in the car that was hit from behind. Even though both children, 5-year-old Parker Hewitt and 3-year-old Haley Hewitt, were wearing seat belts and were both in car seats, the collision took their lives. Another car that was driving on the other side of the road was struck by the truck, which then overturned.

South Carolina officials report that the mother of the victims' car was also wearing a seat belt. Authorities report that she was in stable condition but was taken by airlift to the Medical College of Georgia . The motorcycle driver was also taken by helicopter to the same hospital. One of the drivers of another vehicle in the crash was taken by emergency medical services to Lexington Medical Center, where he was treated for his injuries and later released.

A tow shop owner for over 20 years, Clay Boland, was interviewed and noted that this accident marked that 28 fatality he has been witness to while working in his job. He noted that every death stays with him but that when children are involved "it just tears you up...". He further noted that in the time he has worked in the tow business that he has seen a number of children killed in car accidents.

Continue reading " Deadly Car Crash In Lexington South Carolina Kills Two Children " »

South Carolina welders and others exposed to welding fumes for a prolonged period of time can develop nervous system disorders and damage as well as early onset of Parkinson’s disease. If any employee is injured by these fumes they have a right to file a South Carolina workers' compensation claim and recover medical treatment, temporary weekly disability benefits and potentially long term disability benefits. The process of heating and/or cutting steel can cause the release of manganese fumes which can cause these injuries and disability to the worker. Many law firms, including Howell & Christmas, LLC are currently investigating potential claims against the manufacturers of welding products for injuries caused by exposure to welding fumes.

If you or anyone you know has had twelve (12) months or more exposure to welding fumes you should contact your family doctor in South Carolina to be tested to determine if you have any disability or long term impairments from exposure to these fumes. If your doctor advises you that you do have medical problems consistent with nervous system disorders and/or Parkinsonism as a result of your exposure, you should contact an attorney to represent you with your job injury claim. Your job injury attorney can also assist you in finding a medical specialist in your area to help diagnose and treat these medical conditions.

As the 2009 season approaches the Charleston South Carolina accident and injury lawyers at Howell & Christmas would like to offer some vital insurance tips to help you get the maximum recovery for your personal injuries and property damages should a loss occur.

1) Keep telephone numbers with you for all Charleston area government services (e.g. hospitals, ambulance, police, etc.). You will need the the hurricane causes an accident that results in injuries or death.

2) Take pictures or video of all valuables now, and also take pictures of any post-hurricane property damage to ensure that they are accurately documented. The more organized you are the less problems you may have. Making an itemized list will help with maximize your potential recovery.

3) Remember to review your homeowners insurance policy. Most homeowners forget that changes to your home such as adding a room or expanding a room may increase the value of your home and ultimately affect your coverage.

4) Make sure to check out windstorm coverage. As residents of a coastal area many insurers may offer such coverage.

5) Remember that Flood Insurance is not covered by homeowners policies. If you live in an area that could suffer a storm surge make sure you have Flood Insurance. Even if you are not located in a flood-prone area you may want to look into Flood Insurance. Remember, all areas are susceptible to flooding (Fact: 25% of flood claims come from non flood-prone areas).

6) Make sure to contact your insurer as soon as possible and let them know the severity of your property damages. Most insurance cases are prioritized, thus a home with less damage will get less attention than that of a home with more damage.

7) Call your lawyer if the insurance company gives you any problems when filing your claim for damages.

Howell and Christmas, LLC, analysis and commentary: It has been 20 years since a serious hurricane has struck the coast of South Carolina. From a historical perspective, we are due. These storms have caused serious injury and damages in Charleston and the low country. Now more than ever it is prudent to have a good hurricane plan in place for you and your family and to watch the weather on the Atlantic and be on the lookout for serious storms. This list above only addresses insurance and property issues. Make sure you have considered all related evacuation and other issues to keep safe this hurricane season. Best of luck.

Injury lawyers in Charleston and the world at large have all heard about the woman who spilled McDonald's coffee, sued and received $3 million in damages. Despite her severe third degree burn injuries in her groin and private areas of her body and her willingness to settle out of court on numerous occasions prior to the jury's verdict, the truth is that the woman actually received much much less. Here are the facts of this widely misreported and misunderstood case.

A 79 year old woman by the name of Stella Liebeck was sitting in the passenger seat of her grandson's car after purchasing a scolding hot cup of McDonald's coffee. After the car stopped, she tried to hold the cup between her knees so that she could remove the lid. However, the cup tipped backward and into her lap pouring scalding hot coffee onto her groin. She received 3rd degree burns over 16 percent of her body causing her to be hospitalized for 8 days. During her hospital stay and in the two years that followed, she underwent whirlpool treatment for debridement of her wounds and skin grafting surgeries to repair her wounds. Despite all these medical efforts, she was left with severe permanent scarring and disability. Even though plaintiff had extensive and debilitating injuries, she offered to settle with McDonald's for only $20,000. However, McDonald's refused to settle. Stella took McDonald's to court. The jury deliberated and awarded her $200,000 in compensatory damages. Said damages were reduced to a mere $160,000 because the jury found that she was at least 20 percent at fault. The jury further awarded $2.7 million in punitive damages (i.e. damages meant to punish a wrongdoer for bad conduct) for McDonald's callous conduct in not lowering the temperature of its coffee despite being on notice of its harmful injuries to at least 700 other victims. One factor considered in the jury's analysis when awarding punitive damages was that McDonald's revenue from coffee sales alone is in excess of $1.3 million a day. Despite these facts, the trial judge again reduced claimant's award and reduced the punitive damages to $480,000. The parties later settled out of court. Below is some of the evidence the jury heard in the case.

1. McDonald's sold its coffee at 180 to 190 degrees Fahrenheit;

2. If coffee at that temperature comes into contact with human flesh, it causes third-degree burns (i.e. that is that the skin will be burned away down to the fatty-tissue and/or muscle layer of the victims body) somewhere between 2 to 7 seconds;

3. 3rd degree burns do not heal. The victim must undergo skin grafting to repair the damaged areas of the body. Debridement and whirlpool treatments will cost the victim tens of thousands of dollars and despite said treatments, the victim will still have very serious and permanent scarring and disfigurement. They will also experience extreme pain and disability for many months or years as they recover. Some never recover.

4. Department of mechanical engineering and bio-mechanical engineering chairman at the University of Texas testified at trial and taught the jury that the risk of harm in selling coffee this hot is unacceptable. The editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation also testified on behalf of the Plaintiff.

5. McDonald's admitted at trial that it knew about the risk of serious burns from its coffee for more than 10 years but did nothing about it.

6. Over a 10 year period, McDonald's coffee burned more than 700 vicitms. Many of those injured received severe burns to the genital area, perineum, inner thighs, and buttocks.

7. McDonald's victims included children and infants. Some of these victims were burned by the inadvertent spillage by McDonald's employees.

8. At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years.

9. At trial, several of McDonald's witnesses admitted in court that the public is not aware of the extent of the risk of serious burns from their spilled coffee.

10. At trial, McDonald's admitted that it did not warn consumers of the risk associated with drinking their coffee.

11. In court, McDonald's witnesses also admitted that despite all of the victims and injuries from their coffee, they had no plans to lower the temperature of their coffee.

12. Importantly, McDonald's candidly admitted that its coffee is not fit for consumption when sold because it causes severe scalds if spilled or drunk;

.

Continue reading " Severe Burn Injuries And The Truth About the "McDonald's Coffee" Case. " »

The Supreme Court of South Carolina has held that a trucker, who was a commercial motor vehicle carrier was required to have at a minimum $750,000 in liability insurance limits. The Court overturned the ruling by a Richland County circuit court judge and found that the driver's insurance policy had to be reformed to meet the limits of $750,000.

The South Carolina trucker's accident occurred when he was carrying cut trees in 2004 and crashed on Interstate-26 killing another motorist. State law requires that trucks that weight 10,000 pounds or more and carry nonhazardous materials must have at a minimum $750,000 in liability insurance coverage per occurrence.

The tractor trailer operator's insurance company alleged that the truck driver's vehicle was only a 10-wheel truck and was not a motor carrier but was a private vehicle transporting his own property without compensation. They argued that given the above, their driver was subject to only having to carry a lesser amount of insurance coverage. But the Supreme Court disagreed and held that the insurer was wrong in not classifying Greene as a motor carrier.

There is also a South Carolina law on the books that requires any corporation or person that operates a motor vehicle or truck for the transportation of persons or property for compensation in our state to comply with all applicable state laws and regulations.

Continue reading " Supreme Court of South Carolina Makes Ruling On Motor Carrier Limits " »