South Carolina Injury Lawyer Blog

Similar to the last blog entry posted by your Charleston personal injury attorneys, today's post also concerns the Dallas Cowboys. But unlike the last entry, today's post focuses not on the Cowboys players, but on a 88,000-square-foot practice facility that collapsed in 2009 that has gained recent attention for its negligent construction.

Originally, the tent-like facility's collapse was attributed to a sudden, violent gust of wind known as a "microburst," but recent inquiry into the structure's construction and responsible contractor and its engineer has revealed serious misfeasance and disregard for safety in the facility's design.

As is the case in many industrial endeavors, economic and monetary cost is contrary to safety. Shortcuts can benefit the bottom line, but detrimentally impact the stability, safety, and overall performance and structural integrity under natural duress such as wind gusts. Ultimately, and generally, cutting corners leads to defective products and creates the potential for serious accidents and injuries.

Continue reading "Engineering Shortcuts Lead to Building Collapse and Serious On the Job Injuries" »

Your Charleston accident lawyers at Howell and Christmas, LLC have discussed work accidents and on the job injuries in the past, but more often then not the injuries covered here are the result of an immediate accident, or due to a repeated work related action. But there exists another class of work related injury that may or may not develop long after the job is done; we're talking about exposure to hazardous materials that are believed to be the source of certain cancers and other forms of serious disease. Detailed below is a lawsuit concerning the same, and shows the difficulty of establishing a causal link between toxic exposure and a specific illness.

After a more than two-week long trial an Indiana jury has returned a verdict in favor of major aluminum producer Alcoa. A former miner who worked at the Squaw Creek Mine site from 1977 until its closure in the early 1990s filed the $12 million lawsuit. The suit claimed that Alcoa’s dumping hazardous substances at the site caused the former miner’s cancer of the bile duct, which is a rare form of liver cancer. The now 56 year-old man also spent countless hours fishing, hunting, hiking, and target shooting around the site starting as a young child. The lawsuit sought to recover and provide future medical costs, loss of income, pain and suffering.

Jurors were told by the plaintiff's attorney that the former miner's estimated past medical costs, including four major surgeries, was greater than $480,000; future medical expenses could exceed $800,000, with an additional $50,000 to provide for his wife's medical monitoring for signs of developing cancer; combined loss of income for the couple was estimated at $1.3 million; and plaintiff sought another $9.5 for intangible losses such as pain and suffering.

According to reports, large amounts of industrial waste were dumped into portions of the mine starting in the mid-1960s until 1979. Such waste included coal tar pitch, spent pot linings from its aluminum smelting and a sludge that contained chromium. Chromium has long been known to be toxic and carcinogenic (capable of causing cancer) in large amounts and in certain forms. Alcoa acknowledged the dumping but has disputed the toxicity of the waste, where the waste was dumped, and how much of it was dumped. Further, Alcoa insisted it was in full compliance with state regulations.

Continue reading "Jury Finds in Favor of Major Aluminum Producer in Cancer-Hazardous Waste Lawsuit" »

Last week your Charleston personal injury lawyers read several articles concerning a wrongful death lawsuit stemming from a highly publicized fatal auto accident involving an employee of one of, until recent poor reviews, the most celebrated and honored fine eateries in America. The lawsuit is briefly covered below, along with a short description of a fatal work accident in Summerville.

The Neighborhood Dining Group, Inc., the restaurant development and management company that manages and oversees the day-to-day operations of Husk Restaurant, has been served a wrongful death lawsuit on behalf of the estate of a man killed in a December 17, 2011 auto accident involving an Assistant Manager from the restaurant. The lawsuit, filed in the Court of Common Pleas for the Ninth Judicial Circuit of South Carolina, alleges that The Neighborhood Dining Group, Inc., doing business as Husk, was negligent in allowing said Assistant Manager to consume free alcohol in excess on Husk premises after the restaurant was closed, and then drive under the influence. The suit seeks in an amount to be determined by the trier of fact or, more commonly, to be determined by a jury.

The fatal car accident occurred in the wee hours of the morning on December 17, 2011, around 4:00 a.m. as the Assistant Manager was attempting to go to Mt. Pleasant. While traveling north on the Arthur Ravenel Bridge the Assistant Manager Audi slammed into the rear of a Mustang driven by a 32-year-old man, also of Mt. Pleasant. The crash caused both vehicles to careen out of control, sending the Mustang into a concrete barrier. The Mustang then burst into flames with the driver trapped inside with, according to the lawsuit, "multiple body traumas," which led to his "excruciating" and unfortunate death.

Continue reading "Estate of DUI Accident Victim Sues Owner of Nationally Recognized Charleston Restaurant" »

Being huge sports fans, your South Carolina injury attorneys at Howell and Christmas, LLC have posted numerous blog entries on various issues surrounding the sporting world. Despite its recent entry into the off season, the National Football League (NFL) remains a point of interest as College Stars ready themselves for the draft and questions about Peyton Manning's future attempt to be answered, but of most importance to your lawyers in Charleston is the growing number of head trauma lawsuits being filed by former NFL players against the League.

Last week a panel of judges ruled that the class-action lawsuits filed in New York, New Jersey, Florida, Georgia, and California will be consolidated in a federal court in Philadelphia, Pennsylvania. Hundreds of former players and their families have entered in these class-actions, alleging negligence and claiming the League didn't do enough to mitigate the risks of severe and potentially permanent head injuries for the players, particularly those resulting from repeated head trauma and concussions.

Within these lawsuits there are claims and accusations that the League has deliberately withheld information that is critical to player to player safety, and has failed to inform players that they risked severe and permanent brain damage by returning to the playing field too soon after sustaining concussions. The lawsuits claim that this failure to inform is the cause of the current injuries faced by former players. One plaintiff's claim goes as far to say that the League used a "hand-picked committee of physicians" to distort the effects of on-the-field head trauma, particularly concussions.

A majority of players represented in these lawsuits describe a range of common symptoms that include headaches, sleeplessness, dementia and severe memory loss, as well as depression. A recent study of 15 former NFL players, conducted at Boston University's Center for the Study of Traumatic Encephalopathy, found evidence of a condition called chronic traumatic encephalopathy in 14 of the former players. The condition is a dementia-like brain disease. According to the study, repeated concussions, sub-concussive blows to the head, or both, represented a causal link in the players suffering from the condition.

Continue reading "Former NFL Players File Head Trauma Suits Against League " »

Your lawyers in Charleston at Howell and Christmas, LLC are experienced in representing individuals covered under the Federal Longshoremen and Harbor Workers' Compensation Act in South Carolina. But while the same Act is at discussed in this entry, it has an impact far removed from the Palmetto State. With that being said, the issue of law left to the discretion of the Supreme Court is nonetheless interesting and thought provoking to your Charleston attorneys. Hopefully our readers will agree.

Petitioner, Pacific Operations Offshore, LLP (Pacific), operates two drilling platforms on the Outer Continental Shelf (OCS) off the coast of California, as well as an onshore oil and gas processing facility. Juan Valladolid was employed as a general manual laborer in Pacific’s oil exploration and extraction business, performing such maintenance tasks as picking up litter, emptying trashcans, washing decks, painting, maintaining equipment, and helping load and unload the platform crane. Mr. Valladolid spent 98 percent of his time on Pacific’s drilling platforms, performing said tasks. The remainder of his time was spent at Pacific’s onshore processing facility, located in Ventura County, California. At Pacific’s onshore facility Mr. Valladolid was responsible for such maintenance duties such as painting, sandblasting, pulling weeds, cleaning drain culverts, and operating a forklift.

While operating a forklift at Pacific’s onshore facility, Mr. Valladolid was involved in a work related accident, which resulted in his death. Respondent, Mr. Valladolid’s widow filed a claim seeking benefits under the Longshoreman and Harbor Workers’ Compensation Act (LHWCA) pursuant to the extension of that contained within the Outer Continental Shelf Lands Act (OCSLA). Section 1333(b) of OSCLA, the provision involved in this case, makes LHWCA benefits available for the “disability or death of an employee resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf” for the purpose of extracting its natural resources.

The parties agree that §1333(b) covers employees such as oilrig and drilling platform workers working directly on the OCS to extract its natural resources. However, the parties disagree as to whether employees who are involved in extraction operations, but who are injured beyond the OCS (i.e. an onshore operating facility) are also covered under OSCLA.

This dispute focuses on the scope of §1333(b), particularly the meaning of the phrase “any injury occurring as the result of operations on the outer Continental Shelf.” Thus, the question arises, is Respondent entitled to benefits under the provisions of the LHWCA pursuant to the extension of that Act within OCSLA?

Continue reading "Overview of Recent U.S. Supreme Court Decision Concerning Federal Longshore and Harbor Workers' Compensation Act" »

Around a month shy of a year ago your Charleston personal injury lawyers posted an entry concerning the settlement made between New York City and those who sustained work related injuries in the ground zero rescue and cleanup efforts. Now some of those more than 10,000 fire fighters, firefighters, police officers, volunteers, and others who sued for injuries and illnesses, primarily respiratory, which were said to be linked to the City's failure to provide proper protective gear, are looking to share in a $55 million bonus settlement. The bonus comes under the terms of agreement in the original settlement, because more than 99% of plaintiffs accepted the settlement they are entitled to a share of the extra moneys.

However, the judge that signed the order granting the bonus payments last Thursday has ruled that the injured workers will not have to pay lawyers' fees on the increased settlement. Needless to say, plaintiffs' lawyers are unhappy that they are not entitled to a percentage of said bonus payments. Prior to these forthcoming payments, lawyers' fees were set at 25% of the settlement amount.

All in all, the more than 10,000 plaintiffs in the case stood to receive an amount in the neighborhood of $725 million when agreements with other defendants were factored in, translating to about $187.5 million dollars in lawyers' fees after expenses. The New York Times pointed out an interesting comparison, counsel for the City and other contractors have already made more than $200 million.

The reasoning behind the judge's ruling, he writes, "Such fees, taken after plaintiffs' counsel have had all their expenses paid out of the settlements fund, are more than sufficient to compensate counsel for their representation." It must be mentioned that this same judge has presided over the workers' litigation for seven years before a settlement was reached last year, and some feel barring plaintiffs' counsel from receiving further compensation is keeping with the disposition of his past rulings.

Continue reading "9/11 Settlement Bonus Payments Cause Dispute" »

Last week in North Charleston, an early morning crash created a backup that lasted nearly nine hours for Charleston area commuters trying to make their way to work. In an already highly congested area of Interstate-26 two 18-wheelers hauling large loads of wood chips collided and exploded into flames. Your South Carolina tractor trailer lawyers read in Thursday's Post and Courier that the collision between the two mega vehicles happened about 3:40 a.m., long before the rush hour traffic that usually clogs up the eastbound lanes of I-26 near Ashley Phosphate Road overpass. According to reports, one of the 18-wheelers was slowing down before entering a work zone on the interstate when it was struck from behind by the second truck, starting a fire that was fueled by the load of wood chips the tractor trailers were hauling to a paper mill.

After the major truck accident, both drivers were rushed to Medical University Hospital. The 40-year-old driver of the first was listed as in fair condition after receiving treatment, while the 48-year-old driver of the second truck from Summerville is reported to be in serious condition. There were no other reports as to the type or kind of serious injuries suffered by either driver. It can be presumed, although not known for sure, that the fire that erupted from the crash could have caused serious burn injuries to one, or both, of the drivers that were injured on the job.

It seems to be a rarity for the lawyers at Howell and Christmas, LLC when discussing serious motor vehicle accidents in Charleston and surrounding areas that the motorists involved were observing the mandatory South Carolina Law of wearing a seat belt. But, both of the truck drivers injured on the job were wearing their seat belts at the time of the accident.

Continue reading "Big Trucks Collide and Cause Big Delay for Charleston Area Commuters" »

In today's Post and Courier there were two separate on the job accidents reported, one of which happened right here in Mt. Pleasant, South Carolina when a large crane collapsed on a worker at Detyen's Shipyard. The other occurred a little more than two hours south of the law offices of Howell and Christmas, LLC in Hilton Head, where a construction worker was killed after falling through a ceiling.

Wednesday morning a crane operator found himself in a precarious position after the crane's collapse trapped him inside the cab of the machine. According to reports, the man's leg was pinned under the machine for about an hour. Fortunately for him, his injuries from the job accident were not believed to be life-threatening. North Charleston firefighters and volunteers from the Charleston County Rescue Squad gave the injured worker treatment until they were able free the man and transport him to a local hospital.

Your South Carolina harbor accident lawyers at Howell and Christmas, LLC know that longshoremen and harbor workers’ work is dangerous and often leads to serious injuries and even death. When it comes to the Longshore and Harbor Workers’ Compensation Act (LHWCA), the Act covers most employees that are performing work that has a traditional relationship to maritime employment. There is also consideration given with regard to where (i.e. the location) the employee was working at the time of the accident. For example: the Act covers those workers engaged in unloading and loading ships as well as those that build, repair and/or dismantle ships. In many instances, employees that provide support to the above referenced work are also covered, however, each case needs to be looked at individually.

Continue reading "Crane Operator Injured at Local Shipyard, Construction Worker Killed After Fall" »

Recently your South Carolina construction accident attorneys came across an interesting decision in the Supreme Court of the State of Washington. The case concerns a catastrophic tank failure at Spokane's sewage treatment plant. The failure happened in May 2004 when three workers were doing their best to prevent overflowing septic sludge from running into the Spokane River. After the digester tank collapsed one of the maintenance workers fell into the sewage sludge and drowned. The trial judge in this case noted that the worker "arguably suffered one of the most disgusting and terrible deaths imaginable."

The two other workers suffered serious on the job injuries when the digester tank overfilled and collapsed. One of the workers was thrown from the top of the dome shape digester tank and suffered a fractured pelvis, fractured tibia, fractured ribs, serious back and spine injuries including compression fractures of vertebrae, and sludge aspiration (action of drawing in fluid) causing a permanent reduction in lung capacity by 20%. The other worker, who was on the ground at the time of dome's collapse, suffered serious knee and back injuries after being knocked over by a wave of cascading sewage sludge.

The deceased worker's family and the two injured in the industrial accident sued CH2M Hill Inc. for negligence. CH2M is a corporation from Florida and the engineering firm hired by the City of Spokane as a consultant for the plant's improvement project. Under the Industrial Insurance Act, the City of Spokane was immune from the suit, despite being the employer of the deceased worker and the two others injured in the accident. The judge in the bench trial ruled in favor of the plaintiffs (killed worker's family and injured workers) the Court of Appeals certified the case to the Supreme Court of the State of Washington.

Continue reading "Industrial Accident at Water Treatment Plant Makes it to State Supreme Court, Construction Accident at Same Facility in the Meantime" »

A recent study released by the National Institute for Occupational Safety and Health (NIOSH) found that older employees, as a group, have a higher risk of work-related injuries and illnesses. Interesting to your Charleston nursing home abuse and neglect attorneys, was the study also found that older workers, age 55 and older, are the fastest growing segment of the United States workforce. Thus, it is extremely important for employers and employees to recognize the heightened risk older workers face, and proactively protect this group of workers from occupational injuries.

The study itself, conducted by the NIOSH in conjunction with other agencies, analyzed 2009 occupational injury and illness data and found that older workers had longer absences from work due to injury. Workers age 55-64 missed an average of 11-12 days. Not only did older workers miss more days they also had higher incidences of work-related slip and falls, bone fractures, and hip injuries than their younger counterparts. In total, there 210,830 on the job injuries for older workers in 2009, which accounted for 17 percent all cases that year.

Aging, according to medical research, causes physical changes such as hearing and vision loss, as well as decreases in balance, flexibility, and strength. In other words, aging impairs all physical attributes and senses, making some jobs and tasks more difficult to complete. Also, as people get older in age, their bodies take longer to heal from an injury, making older workers more susceptible to injuries that become chronic conditions.

Continue reading "Recent Study Looks Into Older Workers and On the Job Injuries" »

In conjunction with health and animal organizations, the United States Postal Service is dedicating this week (May 15 to 21) to Dog Bite Prevention. 4.5 million people are attacked by dogs annually, with children, the elderly, and mail carriers being the groups most likely to be bitten, in that order.

Considering this, the Charleston dog bite attorneys want to share some the dog bite prevention tips the U.S. Postal Service has for those susceptible to dog bites and dog owners.

In 2010, more than 5,700 postal employees were attacked by dogs, with the most common scenario of dog bite happening when a customer opens their door to retrieve their mail directly from the carrier. To reduce the likelihood of such an incident, the Postal Service suggests securing pets in another room when retrieving your mail, or waiting until the carrier is off your property to collect your mail.

Also, if you are pet-sitting for a friend, neighbor, or family member, it is especially important to be vigilant in assuring the pet does not get loose and attack an unsuspecting victim. Because, as the experienced dog bite lawyers at Howell and Christmas, LLC know, in South Carolina dog bite cases, any person who has the dog in his/her care or keeping at the time of the attack may be found liable for damages.

Continue reading "North Charleston On the Job Injury Lawyers Recognize National Dog Bite Prevention Week" »

Earlier in the week the Charleston boating accident attorneys shared an entry regarding the high frequency of train accidents in Louisiana. Noting the dangers trains pose to motor vehicles and pedestrians attempting to cross railroad tracks. And just this afternoon there was a breaking case reported by CNN that outlines of an incident involving two U.S. Border Patrol agents who were killed today when their vehicle was struck by a train.

At the time of the fatal accident, the two Patrol agents were in an on-duty SUV and were the process of assisting in the apprehension of suspected unauthorized immigrants, just south of Gila Bend, Arizona, in an area patrolled by the Yuma Sector of the Border Patrol.

According the U.S. Customs and Border Protection's (CBP) website, The Yuma Sector patrols 126 miles of border with Mexico, between the Yuma-Pima County line in Arizona and the Imperial Sand Dunes in California. The sector has responsibility for Yuma, La Paz and Mojave Counties in Arizona, the Eastern-most areas of Imperial, Riverside, and San Bernardino Counties in California, and the entire State of Nevada.

Continue reading "Train Strikes U.S. Border Patrol SUV, Kills Two Agents" »

For the North Charleston auto accident lawyers it is hard to believe that his been over a year since the British Petroleum (BP) Oil Spill that devastated America's Gulf Coast. A White House energy advisor called it the "worst environmental disaster the U.S. has faced," and it is still very much effecting coastal states, not only in terms of the environment and wildlife, but also economically when one thinks of the formerly thriving tourism and fishing industries in the area.

While much attention over the past year has been focused on the above issues, it seems many have forgotten the explosion at the Deepwater Horizon that incited the three month spew of oil into the Gulf of Mexico, killed 11 workers, and caused serious injuries to 17 others working at the offshore site. Familiar with on the job injuries and deaths, the experienced lawyers at Howell and Christmas, LLC know that the families, communities, and colleagues of the deceased workers have certainly not forgotten their loved ones.

Prior to the explosion that caused the deaths and injuries of Deepwater Horizon workers, the U.S. Coast Guard had issued 18 pollution citations between 2000 and 2010, and had investigated 16 fires and other safety incidents. Also, according to a New York Times article from July 2010, there was a confidential audit conducted by BP seven months before the explosion, and the findings were horrendous. "According, to the September 2009 [audit], four BP officials discovered that Transocean, the rig’s owner, had left 390 repairs undone, including many that were 'high priority,' and would require a total of more than 3,500 hours of labor. It is unclear how many of the problems remained by the day of the catastrophe."

Continue reading "A Look Back at the Deepwater Horizon Explosion" »

Like many sports fans, the Charleston workers' compensation lawyers at Howell and Christmas, LLC have often recognized professional cycling as a sport tainted by controversy because of widespread drug use. But, with that being said, it is a sport where even the smallest mistake creates the potential for catastrophic consequences for the athlete; broken bones, head and spinal injuries, and as we saw this week, death.

While navigating a downhill mountain pass in the third stage of this year's Giro d'Italia (Tour of Italy), Belgian cyclist Wouter Wylandt lost control of his bike for a split second and slammed into a roadside wall, a crashed that ultimate killed the rider. It was an extremely unfortunate incident for the cycling world, as it was the first fatality at the Italian race in 25 years and the first at one of the sport's showcase tours in 16 years.

At the time fatal bicycle accident Wylandt was traveling at speeds upward of 50 mph. In an Associated Press article on the ESPN website a Giro doctor noted Wylandt suffered a serious head injury from a fracture in the skull base, and while the paramedic team performed cardiac massage, after 40 minutes, they had to suspend resuscitation because there was nothing more they could do.

Continue reading "South Carolina Cycling Accident Attorneys Take Note of Giro d'Italia Tragedy" »

While skimming the news this morning the Charleston semi truck accident attorneys found an amazing story, thanks to Fox News, which tells the tale of a veteran United Parcel Service (UPS) truck driver who has safely driven his brown truck more than 4 million miles. As the article notes, this distance is the equivalent to six round trips to the moon, a truly astonishing statistic to befit an extremely admirable milestone.

The driver, Ronald Sowder, or "Big Dog," as his fellow drivers affectionately call him reached the milestone mark of 4 million miles this past January in his 49th year as a driver for UPS. An amazing achievement only one other driver has equaled in the company's 100-year history. Overall the drivers at UPS are among the safest on the road, and according to the company, average less than one truck accident per million miles traveled.

This year Sowder was inducted into the famed "Circle of Honor," an elite group of UPS drivers who have been accident-free for 25 years or more. Sowder credits his impeccably clean record to cautious driving and says, "You have to be a defensive driver. You have to be able to compensate for other people's mistakes and expect the unexpected. You can't drive too close. I don't like to be in a pack."

Continue reading ""Safest Driver On The Road" Reaches Milestone and Provides Trucking Tips" »

South Carolina brain and head injury lawyers have discussed the negative impact sports can have on an athlete’s body, but have concentrated exclusively on the head injuries that athletes sustain from Big Hits in football. But, recently an article in the New York Times highlighted the issue of brain and head injuries from the perspective of a former National Hockey League (NHL) star, Marty McSorely. Considering that the NHL is in thick of the Stanley Cup Playoffs, the lawyers at Howell and Christmas, LLC felt it topical to address the issues discussed by McSorley, primarily the fact that it isn’t the fighting in the league that’s to blame for head injuries, but simply the nature of the game itself.

For informational purposes, here’s a quick bio on Marty, he spent 17-years in the NHL, earning his claim to fame with his physical presence on the ice as “Wayne Gretzky’s Bodyguard” from the mid 80s to early 90s. His style of fearless physical play and his role as an “enforcer” did not come without consequence, he suffered numerous concussions in his career, and now, at 47-years old, he suffers from memory loss and other symptoms often associated with brain injury.

But, the purpose of The Times article was to set the record straight as to the cause of his cerebral injuries. He states, “I want to make this perfectly clear: Did I have a concussion fighting? Probably one or two, yes, but I had more from playing. You can’t point at fighting and say that’s the cause of concussions in hockey.” This came a day after it was announced that researchers had found signs of chronic traumatic encephalopagy, a degenerative disease caused by repeated brain trauma, in the brain of another longtime NHL enforcer, Bob Probert. Let us not forget that these are on the job injuries, for their livelihood guys like McSorley and Probert put their health on the line each time they step on the ice.

Continue reading "In Lieu of Stanley Cup Playoffs, Charleston Work Accident Attorneys Talk Big Hits and Concussions in NHL" »

Preceding the internationally covered Chilean mine collapse and rescue, there was mine explosion here in the United States known as the Upper Big Branch Mine Disaster. Charleston workers' compensation attorneys remember that in April of 2010, an explosion killed 29 of the 31 miners at the Upper Big Branch site near the community of Montcoal, located in Raleigh County, West Virginia. While investigation into the incident is ongoing, officials have speculated that the explosion may have been initiated by a spark from a mantrip, a shuttle that transports miners into and out of the mine, and fueled by extremely high methane levels within the mine. The Disaster marks the worst mining accident in the U.S. since 1970.

While browsing the internet this morning, the on the job injury lawyers at Howell and Christmas, LLC found interesting Wall Street Journal article that reports the Massey Energy Co., owners of the Upper Bring Branch mine, have been accused of failing to clean up its act since the 2010 explosion.

Officials from the Mine Safety and Health Administration conducted a surprise inspection at Massey's Randolph Mine last Friday, finding conditions that were "nothing short of outrageous." During the inspection they found miners engulfed in coal dust and combustible loose coal accumulated in working, posing a "serious risk" of fire, explosion, and severe burn injuries.

Continue reading "Massey Energy Hasn't Learned Lesson A Year After Upper Big Branch Mine Disaster" »

Charleston on the job injury lawyers want to highlight an initiative being promoted by a Summerville couple who lost their son in an industrial machine accident on the North Charleston waterfront. They are working to gain a following for a local observance of National Workers Memorial Day, an event that is a tribute to workers killed in South Carolina. The observance took place last Thursday, April 28, and is 20-year-old recognition that has, unfortunately, gained little traction in South Carolina, but this Summerville couple is working to change the states feelings toward fatal on the job injuries.

The couple doesn’t consider themselves activists; rather as parents who don’t want other families to suffer same pain they have, losing a son or daughter in a place where they are supposed to be safe, the workplace. In December of 2005 the Summerville mother drove to Detyens Shipyard to pick up her son, a 2005 graduate of Summerville High School who had followed in his father’s footsteps, working part-time as a maritime pipe fitter.

Upon reaching the shipyard, she was met with by the flashing lights of emergency vehicles, and to find out her son died after an accidental release of waste into the holding tank of the military supply ship her son was working. The ship was being refitted in a dry dock at Detyens. While some of her son’s coworkers were able to escape the holding tank, he was overcome by hydrogen sulfide, a toxic colorless gas produced by raw sewage.

Continue reading "Years After Son Killed in Industrial Accident Summerville Couple Works to Bring Attention to On the Job Fatalities" »

When one thinks of major American multinationals, a few come easily to mind, McDonald's, Coca-Cola, and Walt Disney. In their own rights, all three have grown from American Institutions to international corporate powerhouses. Another thing these three have in common is that they have had their fair share of legal controversy, from coffee being too hot at McDonald's to alleged racial discrimination within the workforce at Coca-Cola and recently, a wrongful death suit filed against several Disney entities or partners.

South Carolina workers' compensation attorneys note that suit was filed because of an on the job injury that resulted in a worker's death 20 days after the accident. The victim's family filed the suit in Orange County, Florida circuit court. It seeks damages in excess of $15,000, free of interest and costs.

The four-count suit filed names Reedy Creek Energy Services, Reedy Creek Improvement District, Disney Photo Imaging, Walt Disney Parks and Resorts U.S., Inc., and Tishman Hotel & Realty and Starwood Hotels & Resorts Worldwide, Inc. as defendants.

According to the Orlando Sentinel, a spokesman for Disney said they have received the complaint and would "respond as appropriate through the court system."

Continue reading "On The Job Injury at Walt Disney Results In Death, Worker's Estate Files Suit" »

Not only do South Carolina personal injury lawyers know the danger an angry dog can pose to people, but also a North Charleston police officer. Last week, while in pursuit of a man who shoved him, the officer came into contact with a pit bull who was not pleased to see him. After following the suspect over a fence and into a yard, the pit bull attacked the officer forcing him to fire his weapon at the dangerous animal to prevent a potentially serious on the job injury.

The shot fired by the officer grazed the attacking animal's ear giving the officer the opportunity to get away safely with only minor scratches and not a serious dog bite. The dog is fine, but the attack by the dog caused the officer to lose sight of the suspect and subsequently officers were unable to locate the officer-shoving man.

The point of the post is not to focus on the dog as distractor in this incident, but rather the harm that some dogs can pose. While this particular animal was confined to its yard when the attack occurred, what if the animal was left unattended? Would it still display the same aggressive and threatening behavior?

Continue reading "North Charleston Police Officer Attacked By Dog, Forced to Use Force To Curb Attack" »

Although the football season is over, there is still much going on within the sport. With college stars and professional hopefuls gearing up for scouts to assess their talent at the NFL Combine, the upcoming draft, negotiations in stalemate between the League the Union, and a potential lockout looming, the world of professional football never seems to sit still.

Before sharing a recent bit of news dealing with pro football, South Carolina job accident attorneys want to bring a novel thought to attention. The notion that the word "professional" is often not thought of when players are injured, only that a player will be absent from a fantasy roster or that a player's absence may affect a team's chance of winning the next week's game. Rarely does it come to mind that injuries on the field are on the job injuries, playing football is a profession and when injured while working has serious implications just was it would for a worker at the Port of Charleston.

Amidst all the turmoil between the NFL and the NFL Players Association comes another professional football dispute regarding former Miami Dolphin wide receiver, Kendall Newson. Representatives for the Dolphins are pressing for a federal magistrate in Pittsburgh to reject the workers' compensation claim filed by Newson for a career-ending knee injury incurred in 2005 at Heinz Field in Pittsburgh. The case was heard last week, but the presiding magistrate has yet to rule on the case.

Continue reading "Miami Dolphins Want Former Player's Injury Claim Squashed In Pennsylvania " »

South Carolina workers' compensation attorneys understand all too well that serious injuries or death can occur while on the job, even if the job is making tortillas. Such is the case for a Gautemalan man who was killed while working at Tortilleria Chinantla, a tortilla factory in Bushwick, Brooklyn, New York. The workplace fatality occured when the 22-year-old immigrant fell into an industrial dough mixer during the night shift.

Emergency personnel responded to the scene after a call reporting a worker had suffered cardiac arrest, however, on arrival they found that a man, who had been a factory employee for six years, had fallen into the industrial mixer. Authorities said the man was pronounced dead at the scene.

Tortilleria Chinantla has since closed due to the accident. Also, because of the death and subsequent inspection the fact that tortilla maker has been without workers’ compensation insurance for nearly a year has been brought to light. According to the New York State Workers' Compensation Board, the insurance for the company ran out last March and the business has since accrued $56,000 in penalties for noncompliance.

Continue reading "Gautemalan Man Falls Into Industrial Dough Mixer" »

A man working on a vessel owned by the Ensco Offshore Co. has filed a lawsuit against the company after being injured on the job. Allegedly, a pallet that was being lifted fell on him while aboard the Ensco 82. The man, a Mississippi resident, suffered head and spinal injuries.

The original petition claims the Ensco Offshore Co. were negligent in the accident and that the vessel was not seaworthy at the time of the incident. In addition to the physical injuries incurred by the plaintiff there is a claim he has experienced mental anguish and a loss of wages. In total, the lawsuit seeks to claim $75,000 in damages.

The lawsuit was filed on the first of December 2010 in the Galveston Division of the Southern District of Texas. The alleged injury took place back in May 2010.

This incident is particularly relevant to Charleston job injury lawyers because the port of Charleston is large economic force in the area, employing many people. But, while it provides job opportunities, work as a seaman, longshoreman, and harbor work in general is dangerous and often leads to serious injuries and even death.

Continue reading "Injured Seaman Sues and Sparks Discussion " »

Charleston Workers' Compensation Attorneys know in most workers' comp suits there is a serious need for the injured party to be compensated in order to pay medical bills, household utilities, receive the wages they are entitled, and generally take care of themselves and their family. However, there are those out there who act deviently and try to take advantage of the system through fraudulent claims.

Such is the case of a Los Angeles police detective who has been charged with more than half a dozen felony counts in connection with a workers' compensation fraud investigation, recently announced by the Los Angeles County District Attorney's office. The charges stem from a joint investigation by the Los Angeles Police Department's Workers' Compensation Fraud Unit and the District Attorney's Healthcare Fraud Division.

Prosecutors officially charged the 15-year LAPD veteran with four counts of insurance fraud and one count each of perjury by declaration, attempted perjury under oath, and attempted grand theft. The detective was released after posting $120,000 bond.

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Not too long ago a Pennsylvania jury awarded two melters working at Ametek Special Metal Products $12.7 million. Back in 2003 the two men were working in the North Strabane, PA plant overseeing melting operations when the specialty metals furnace exploded, spraying the 44-and 45-year-old men with molten metal causing severe burn injuries. The lawsuit names the manufacturer of the furnace as defendants, including Inductotherm Group, Allied Minerals, and Vesuvius USA Corp.

The furnace exploded due to a lining failure, allowing the molten metal to come into contact with a copper coil filled with ethylene-glycol and water, resulting in a chemical reaction and explosion, which ejected hot, liquid metal across the workplace. Defective products and machinery such as this furnace pose a serious threat to their operators and workers around them. In the United States burn injuries similar to those incurred by the aforementioned melters are responsible for approximately 2.4 million injuries a year and can be debilitating and keep you away from work.

Continue reading "South Carolina Work Injury Attorneys Look At Huge Industrial Accident Verdict" »

The family of a truck driver have filed a suit against the California Department of Transportation (Caltrans) and several companies in an effort to receive damages for the wrongful death of the 56-year-old driver. The plaintiffs allege negligence on the loading dock and at the Bay Bridge's dangerous S-curve . The driver was killed after his pear carrying semi toppled off the bridge, plunging 200 feet.

The suit against Caltrans claims the S-curve, introduced to drivers as part of the rebuilding of the Bay Bridge, did not have adequate warning signs to inform drivers to the then new curve. The suit was filed in the San Francisco Superior Court by experienced wrongful death lawyers and asserts that the public was not aware of the sharp curves nor to the extent at which drivers should reduce their to safely navigate them, without the opportunity to take the necessary precautions. In a sense the new route was a "concealed surprise."

Continue reading "Charleston Truck Accident Attorneys Focus on Wrongful Death Case" »

While reading an out of state paper on the job accident attorneys in South Carolina came across a case where a city worker received workers' compensation benefits injuries incurred while being drunk on the job. The Albuquerque Journal reported that the New Mexico state Court of Appeals ruled in favor of a Las Cruces truck driver who fell off his garbage truck while working back in 2006. He has been awarded 90 percent of his benefits, the full amount less a 10 percent penalty for his being inebriated at the time of the slip and fall. The city now owes the man more than $100,000.

Allegedly the man had been drinking the night before with a friend and later in the evening at a bar. His measured blood-alcohol level was at 0.12 three and a half hours after the 5:45 a.m. slip and fall, well over New Mexico's presumed level of intoxication. In most states a blood-alcohol percentage of .08 is considered the legal limit for individuals being capable of operating a motor vehicle.

In the court's decision it is noted that the truck driver failed to clock in the morning of the accident, possibly in an attempt to avoid supervisors, personnel at the hospital smelled alcohol on the man's breath, that his co-workers had not noticed any impairment, and that he had been driving the garbage truck for at least an hour before his fall, which caused serious injuries to his wrist, hip, and head.

Continue reading "Charleston Workers' Compensation Lawyers Find Interesting Case Over Holidays" »

In an unfortunate and somewhat strange incident, a 21-year-veteran of the South Carolina Highway Patrol was in a deadly auto accident involving only his patrol car. South Carolina injury lawyers found this news in in a Post and Courier report. The State Trooper was killed instantly in the crash, which happened back in March of this year. But, new information has been brought to light about the incident that surrounds the death of the trooper in mystery.

Lancaster County deputies say that after tests were run it can be determined that the 45-year-old trooper was driving anywhere between 104 and 111 mph at the time of accident. The spot of the crash was six miles south of Lancaster, South Carolina on state highway 200 at a point where a side road intersects at an odd angle with the highway.

Continue reading "South Carolina State Trooper Dies in High-Speed, Single Vehicle Accident" »

South Carolina worker's compensation lawyers found the following, interesting entertainment news. Just weeks after an extra sustained a critical brain injury on the set of the highly anticipated third installment of the Transformers series, a welder was seriously hurt while using a grinder. The welder worked on the special effects side of the action packed production and has filed a lawsuit against Paramount Pictures. Other companies are included in the suit, but were not named in the report by the Chicago Tribune.

Allegedly, the grinder spun out of control due to the control panel in a Chicago building used in filming that was "negligently wired" to support 220-volts. The welder's lawsuit claims that he was not informed of this prior to his plugging in the 110-volt grinder.

Continue reading "Another on the Job Accident on Movie Set" »

The Post and Courier reported yesterday a serious tractor-trailer accident. Two trucks were carrying loads of logs on U.S. Highway 21 near Ruffin, South Carolina, about an hour and a half from the offices of Charleston injury attorneys. One of the two drivers was pronounced dead on the scene by the Colleton County Coroner.

The 28-year-old Branchville man who died in the collision was traveling south on U.S. 21 when the other logging truck involved failed to yield the right of way, turning onto the highway from a side road. The wreck sent logs onto the cab of the Branchville man's truck cab, trapping him and making it impossible for Colleton County Fire and Rescue workers to free the man until heavy machinery was brought in to remove the logs from the scene, according to the South Carolina Highway Patrol.

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Allegedly failing to yield the right way, a 63-year-old woman driving a Toyota FJ Cruiser was hit by an 18-wheeler and killed. The fatal accident occurred at the intersection of U.S. Highway 78 and Campbell Thicket Road in Ridgeville. The woman was making a left turn onto U.S. 78 when another woman, driving an 18-wheeler struck the FJ Cruiser killing the driver at the scene of the collision and sending the female truck driver to the hospital. Because the driver of the Toyota was a contributing party in the accident no charges have been filed.

Charleston accident lawyers Howell and Christmas, LCC want to use this unfortunate event as an example to stress the importance of safe driving. This accident could have been avoided by paying attention to cautionary road signs that make South Carolina highways safe to travel. Constantly be mindful of 18-wheelers when driving on interstates and highways as they pose a lethal threat if collided and it is not always possible for truck drivers to see cars, even S.U.V.s, from their elevated position.

Charleston job injury attorneys would like to report that the Workers' Compensation insurance rates in South Carolina for employers are on the decline and will likely continue to decline over the next several years. South Carolina job accident insurance is required for any employer that has four or more employees. This insurance is vital to help protect those that are seriously hurt at work and their families. These benefits pay workers two-thirds of their average weekly wage each week so that they can meet their financial obligations when recovering from an injury and being out of work. Employees are also entitled to having one-hundred percent of their medical treatment paid for under the Act.

According to the Winton Salem Journal, in our sister state, North Carolina, for 2010 the insurance industry is calling for a rate increase. Their insurance department is reporting that the state's organization that represents companies writing workers' compensation insurance in the state is requesting the rate hike which includes a over a one percent increase for administration costs and five and one-half percent for their assigned risk pools. This follows 2009 where the Dept. of Insurance Commissioner oversaw a over a nine and a half decrease to the loss costs area and a no increase in the markets addressing assigned risk. This saved busniess in the state over one-hundred million dollars.

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South Carolina injured Veterans need to know that the Associated Press reported on January 25, 2010, that the military is going to open a review of post-traumatic stress disorder (PTSD) cases due to veteran claims that they were denied benefits. The military has requested that the records of veterans discharged with PTSD be expedited and placed under review, after a case was filed by seven veterans who allege that the military denied them benefits after being discharged with the disorder. The veterans that are capable of having their records reviewed would have been discharged for PTSD in a six year period, ending in October of 2008.

The military is required to rate veterans that are discharged on a rating scale to determine the benefits and medical reimbursement they will receive. The seven PTSD discharge veterans who originated the case received a rating of 10 percent or less. This violates the law because the law requires the military to give veterans discharged for PTSD a rating of 50 percent or greater. The higher rating grants veterans lifelong disability payments and free health care for the veteran and their family.

Veterans that were discharged during this six year period are urged to request the review of their records, because the military could be held liable to pay veterans millions and hundreds of more dollars in monthly benefits. Legal notices have been sent out to veterans, around 4,300 to be exact, letting them know they can join the lawsuit until July 24, 2010.

“I’m glad that they are finally moving forward and reevaluating the soldiers that need to be reevaluated and doing the right thing. It’s been kind of a struggle not only for myself but a lot of individuals that didn’t get what they were supposed to get in the first place,” Army Sergeant Juan Perez, 36, told the press when describing his hardships as a result of PTSD.

Source: CBS News- “Vets With PTSD Could Get Benefits Upgrade.” January 25, 2010.

A California appeals court has ruled that an employer may be liable for personal injuries stemming from an executive’s car crash. The crash occurred when the Executive was returning home from a business conference.

Marc Brandon, the vice president of anti-piracy Internet operations for Warner Brothers Entertainment, attended a three-day business conference in Sunnydale, CA. The event was sponsored by one of Warner’s anti-piracy vendors. Warner Brothers had approved the trip and paid for Brandon’s airfare, hotel and airport parking.

After the trip, Brandon drove home from the airport and was involved in an accident with another car. The wreck injured three pedestrians, one of whom later died from his injuries.

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