South Carolina Injury Lawyer Blog

South Carolina workers compensation lawyers want you to know that after a six month investigation the Occupational Safety and Health Administration (OSHA) administered its largest fine, 86 million dollars, to BP PLC after finding multiple safety hazards. In 2005 an explosion killed 15 employees and injured 170 others in the Texas City refinery. “An $87 million fine won’t restore those lives, but we can’t let this happen again. Workplace safety is more than a slogan. It’s the law,” Labor Secretary Hilda Solis stated addressing OSHA’s fine.

The second highest fine OSHA has issued, was $21 million dollars and was also issued to BP. It is apparent that OSHA and BP do not see eye to eye and have had numerous disagreements in the past. Currently OSHA and BP PLC have taken their disagreement in workplace conditions before the Occupational Health and Safety Review Commission and their verdict is still pending.

Keith Casey spoke on behalf of BP PLC and expressed his annoyance with OSHA and how they fined them while their disagreements are still under review with the Occupational Health and Safety Review Commission. “We strongly disagree with their conclusions, we will continue to work with the agency to resolve our differences,” Casey stated.

The explosion that injured hundreds and killed 15 was a result to a malfunctioning pressure relief system. Refining oil is a very dangerous process, and because of this equipment needs to be constantly checked and tested. In this case the alarms did not sound to warn workers that the blowdown drum had overfilled. The blowdown drum is a piece of equipment that is part of the refining process that is filled with highly flammable liquid, and is regulated by pressure relief systems.

Continue reading "For Charleston Accident Lawyers: BP fined $87 Million for poor Workplace Conditions " »

According to the U.S. Occupational Health and Safety Administration, crane accidents kill up to 82 construction workers each year. Just recently, a crane tipped over at the construction site of a Kansas City, Mo. performing arts center killing one worker and seriously injuring another.

The workers were installing steel panels on the building for the Detroit-based subcontractor Midwest Steel when the tragic accident occured. The two men were in the bucket of a 100-foot-tall lift when it fell away from the performing arts center and landed across a platform of steel beams.

Construction on the site began in 2006 and is not scheduled to be completed until 2011. Prior to this incident, the construction site had no deaths or injuries.

Source: Associated Press- "1 dead in Kansas City, Mo., crane accident"- November 11, 2009.

After 25 workers were killed in construction accidents in Las Vegas from January 2008 to June 2009, federal officials have decided to investigate workplace safety programs throughout the country.

The review of Nevada's workplace safety programs has revealed that inspectors were not well informed on construction safety hazards and that they did not issue citations for repeat violations. The review was prompted when the Las Vegas Sun exposed major safety flaws on local worksites and too little regulation.

The findings of the Nevada review has led investigators to review the safety programs in 27 other states.

The Occupational Safety and Health Administration enforces worker safety standards for about 60% of job sites in the country, and the rest and overseen by the states.

Source: The State- "Nevada construction deaths prompt safety review"- October 29, 2009.

In a class action lawsuit brought on by 97,000 current and former Wal-Mart workers in Iowa, the company has agreed to pay a settlement of $11 million. The workers alleged that they were forced to skip breaks or work off the clock.

The lawsuit was filed in 2001 and claimed that the company altered employee time records, did not compensate workers for off-the-clock work or overtime, and did not allow employees to take lunch or rest breaks.

As part of the agreement, Wal-Mart did not admit any wrongdoing. Final approval for the deal was given by Clinton County District Court Judge David Sivright.

Continue reading "Wal-Mart will pay $11 million settlement" »

On the job accidents can cause serious injury and even death. A construction worker in Philadelphia died after falling 125 feet from a tall construction lift while working on a church roof. The worker was on the construction lift when it toppled over and struck a downtown apartment building.

The vehicle tipped over when it was over a grate on the sidewalk. Witnesses say the grate gave way. The Fire Commissioner thinks the man may have free-fallen to the ground. Authorities are investigating whether the 40-year-old victim was properly strapped into the boom lift as he worked.

The victim was a married father who had worked for the masonry company for over 20 years. Three other people are being treated for minor injuries from falling debris.

Source: Associated Press-“Worker dies in Philly after 125-foot fall”- October 12, 2009

The owner of a chimpanzee that mauled and blinded a woman is calling the attack a work-related accident. The owner says the woman’s case should be treated like a worker’s compensation claim. If this strategy is successful, it will drastically limit potential damages in the case and protect the chimp’s owner from personal liability.

The 200-pound chimpanzee got out of control when his owner, Sandra Herold, asked her fellow employee Charla Nash to help lure the animal back into her house. The chimp ripped off Nash’s hands, nose, lips, and eyelids. Nash remains in stable condition at the Cleveland Clinic.

Nash’s family filed a $50 million lawsuit against Herold, saying that she acted with negligence and recklessness in failing to control the wild animal. However, Herold’s attorney says that Nash was working as an employee of Herold’s tow-truck company when the attack occurred. He is arguing that the chimp was an important part of the business, as its picture was on the wrecker, it was at the garage every day, and appeared at numerous promotional events for the company.

The house where the attack happened is a business office of the company. Also, part of Nash’s responsibilities as an employee were to clean the chimp’s play area and purchase supplies for it.

Continue reading "Chimp Owner Says Woman Was Attacked on the Job" »

When someone is injured on the job and they were acting in the course and scope of their employment, Charleston workers compensation attorneys know that they are covered under the workers’ compensation system.

A nurse assistant, who is currently in a vegetative state after being attacked by a patient at work, is being unfairly denied care by workers compensation and her health insurer. 52-year old Amelia Mendoza was attacked by a patient at Huntington Hospital in Pasadena, California twice in April of 2009. The events took place while Mendoza was working at the hospital. She sustained serious blows to her face, head, and neck. Several days after the incident, Mendoza had a hemorrhagic stroke that she still has not recovered from six months later.

According to her attorney, Mendoza’s health insurer and workers compensation officials are refusing to pay for her care. Her husband was forced to leave his job so that he could take care of her at home. Despite the fact that injury took place while Mendoza was working, the hospital does not believe her condition has anything to do with a work-related injury.

Continue reading "Nurse Assistant Denied Workers Comp After Attack" »

A truck driver was killed in a Charleston Port accident after being struck by a crane inside State Ports Authority property. According to the public relations director for the Ports Authority, 64-year-old Calvin Jacobs, of Goose Creek, got out of his truck, walked across the storage yard and was hit by a rubber-tired gantry crane. Gantry cranes are large pieces of equipment used for stacking containers. Jacobs was pronounced dead at the scene. North Charleston police are still investigating the accident.

According to Charleston job injury lawyers, as a port worker employed by the South Carolina Port Authority, Jacobs was likely covered under the Longshore and Harbor Workers’ Compensation Act (hereafter “the act”). This act exists to protect port workers who are not seamen and are not eligible for state workers compensation.

Worker's compensation benefits provided by the act include:
-Medical and disability payments
-Rehabilitation services
-Wrongful death benefits for survivors of maritime workers who die from work related injuries
-Medical benefits for occupational diseases that arise naturally out of maritime employment

Continue reading "Fatal South Carolina Port Accident" »

As Charleston job injury attorneys know, shipping yards are very dangerous places for all employees who work there. This is especially true for Mexican workers. Shipbreaking is a very dangerous business and many workers are injured or killed on the job. According to the OSHA, shipbreaking is nearly twice as dangerous as construction work and is one of the jobs where someone is most likely to sustain an injury. Workers are also at a high risk for lead poisoning, since old vessels are loaded with lead paint. Shipyards do not allow workers to smoke or eat on the job as a way to limit lead ingestion through the mouth.

The shipbreaking yards in Brownsville, Texas are located about three miles from the Mexico border. Many of their workers are from Mexico, as each of these shipbreaking yards provides about 800 jobs to the regional economy. Workers are exposed to asbestos, lead, PCBs and other toxic chemicals found in the old ships they dismantle.

However, for Mexican workers it pays to put their health at risk. In Mexico, shipyard workers earn about $50 a week, but only 35 miles away at the Port of Brownsville, they can earn $280 a week. Workers must have proper immigration papers and green cards, but about half live across the border and commute under various labor programs. Although the average salary for a shipyard worker is less that $17,000 a year and offer virtually no benefits, these jobs are coveted in the struggling region of the Rio Grande Valley.

Continue reading "Charleston Worker’s Compensation Lawyers: Shipping Yards Risky Work for Mexican Laborers " »

Any time a workplace accident results in serious injury or death, the worker or their family should conduct a thorough investigation in order to be compensated for their loss. Accidents on the job account for 6,000 annual deaths in the United States. Because construction workers normally work under dangerous conditions, accidents on construction sites are common and often devastating for the worker or their families.

Just recently, a Carolina Marine worker was crushed by a crane and killed in a work-related death while working on a public boat landing in Georgetown. Tommy Grainger, 43, of Bucksport, South Carolina was working on the arm of the crane when the accident occurred. The boom was not properly secured and as the workers disassembled it, part of it fell on Grainger causing serious bodily injury and death. Grainger was the father of five children. The last job-related death in Georgetown county took place in late May 2009, when a man working on renovations at Wal-mart was electrocuted and killed.

Unsafe conditions can be a sign of negligence and certain conditions, such as unsafe ladders, holes in floors, or dangerous electric lines can entitle injured workers to compensation. Working with a lawyer from the beginning can ensure that a proper investigation is conducted. By filing a South Carolina worker’s compensation claim against the company, the family might be able to the begin the recovery process after their tragic loss.

Source: Live 5 News-“One killed in Georgetown public boat landing accident”- Sept. 3, 2009

South Carolina workers seriously injured on the job that sustain injuries that result in brain damage, paraplegia and/or quadriplegia are entitled to receive lifetime disability benefits under the South Carolina Workers' Compensation Act. S.C. Code Ann. §42-9-10 spells out exactly what what medical and other money damages claimant's are entitled to when they are injured at work. Paragraph (c) specifically states that those determined to be totally and permanently disabled from their work accident and that suffer one of the three serious injuries noted above, are not subject ot the usually 500 week limitation on benefits. Rather, these workers are entitled to lifetime weekly disability checks.

While the South Carolina legislature has spoken clearly on this issue, it is still up to the hearing Commissioner to decide whether or not the injured worker has met his burden of proving his case. This includes proving that he or she is totally disabled and also that as a component of said disability that they either sustained brain injury, paraplegia or quadriplegia. It is important to note that these serious injuries only have to be a component of the total disability and do not have to be the sole cause of same.

South Carolina brain injuries caused by work accidents are not always easy to prove. Only a small percentage of these injuries show up on a traditional MRI or CT scan. Many times those suffering from brain injury appear normal to the casual observer but family members and friends notice a difference in their memory, ability to multitask and especially their mood just to name a few symptoms. Often times the only way to document these subtle changes to the worker from their injury is for them to undergo neuropsychological testing with a neuropsychologist. This is non-invasive testing that requires the participant to take a series of written and verbal tests that often time reveal the extent of their brain injuries.

One of the greatest benefits provided under South Carolina Workers' Compensation law is medical treatment for the injured worker. The law that addresses medical benefits related to work accidents is S.C. Code Ann. §42-15-60 (Time period medical treatment and supplies furnished; refusal to accept treatment; settled claims; total and permanent disability). This statute tells injury lawyers, claimants and the public at large what the rules are regarding medical benefits after someone is hurt in an accident at work.

The statute reads in part that an employer is to provide hospital, surgical, medical and other treatment as may reasonably be required. Unlike private health insurance, where the employee is responsible for co-payments and the like, workers' compensation medical is paid at 100 percent of the medical provider's bill but said bill is subject to the fee schedules as set by the South Carolina Workers' Compensation Commission. Importantly, future medical benefits are addressed two ways in this law. The first is for workers who are not totally and permanently disabled from work. In order for them to continue receiving medical care for their work injuries, they must have an opinion from their doctor that continuing treatment will "tend to lessen the period of disability." Translated to English that roughly means that the care will help the employee with their activities of daily living. Workers that are deemed to be total and permanent in their disability are entitled to lifetime medical care.

Importantly, the workers' compensation insurance company can stop medical benefits and weekly disability benefits if the worker refuses treatment and it is determined that he or she is not justified in doing so. This bar to further compensation and money benefits only lasts as long as the injured employee continues in his refusal of treatment. If the worker stops his refusal and/or the Commission finds that their is "good cause" for his actions then the medical and other disability payments will be restarted.

Continue reading "When Injured On The Job In South Carolina Medical Treatment Is Provided Pursuant To §42-15-60" »

Sometime those hurt at work in
South Carolina are not able to return to work at all for a period of time or in some cases not at all. Those workers compensation injuries result in total wage loss. But what happens when an injured worker can return to work but can only perform his job for a limited number of hours and/or for less wages than he was working for prior to his accident at work? These workers are protected by S.C. Code Annotated §42-9-20 (Amount of compensation for partial disability).

42-9-20 states that when the incapacity for the worker to work results from his accident and injury at work and is partial, the employer will pay him two-thirds of the difference between his average weekly wage that he was earning prior to the accident and the weekly wages that he earns each week after he is disabled. These workers compensation benefits are to be paid to the worker for as long as his partial wage loss continues up to 340 weeks. There are no provisions for payment of additional weekly checks for the injured beyond this maximum number of weeks. It is important to point out however that if the period of partial disability begins after the worker has been out of work based upon being totally disabled for a period of time that the number of weeks paid will not be deducted from the 340 weeks that can be paid for the injured employee's partial wage loss.

So how does the statute work in practice. A great example would be that of a heavy equipment operator that works 40 hours per week and that is hurt on the job and injures his right arm. His doctor tells puts him on light duty work restrictions and tells the worker he can only use the arm 4 hours per day or 20 hours per week. The construction company/employer realizes that the employee can no longer work a bulldozer so they find him a desk job filing paperwork while he recovers from his work accident. He was earning $25 dollars per hour driving equipment. Now the boss only wants to pay him $10 per hour to file. Accordingly, the worker was earning $1,000 per week ($25 x 40 hours per week). He is no only earning $200 per week ($10 x 20 hours per week). Therefore his is loosing $800 per week in wages. Pursuant to 42-9-20 he is entitled to two-thirds of his wage loss so the insurance company owes him an additional weekly check in the amount of $533.33 to supplement his new post accident weekly wage ($800 wage loss x 2/3).

Continue reading "Work Related Accidents That Lead To Partial Wage Loss Are Addressed in Section 42-9-20 In South Carolina" »

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" »

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" »

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.

Live in South Carolina and have been injured on the job or at work? As our injury and accident attorneys in Charleston know, the South Carolina Workers' Compensation Act of 2007 has many new changes that effect the working men and women of South Carolina. Not all of the changes are bad for workers but it is important that those filing a claim for an on the job accident be familiar with the new law. Many employees rights, including how they get their medical care and treatment and how and when they are entitled to weekly disability benefits and other compensation when hurt in an accident while at work has recently been reworked by the the South Carolina legislature. Some examples follow:

First the good news: Claimant's with prior accidents and medical conditions can still combine their pre-existing impairments with their new injuries to prove greater disability. Also, injuries to the shoulder and the hip are two new body parts now statutorily recognized by the South Carolina Workers' Compensation Act. The shoulder total value is worth 300 weeks of benefits and the hip total value is now worth 280 weeks of benefits.

Now the bad news: In complex medical and occupational disease cases, the injured worker must now prove by medical evdience that their injury occurred in the course of their employment. Also, many truck drivers are now exluded from work injury medical treatment and compensation as many will now be considered independent contractors. Workers with back and neck injuries now face a tougher standard when seeking to be found totally disabled as a result of loss of use of their spine. These changes and many more make it more difficult for the injured and their families to make a recovery under the workers' compensation act in South Carolina.

Continue reading "New Workers Compensation Law in South Carolina For Workers Injured on the Job Began July 2007" »