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" »

A recent article found online by your Charleston personal injury attorney not only prompted a discussion of the case, but also the implications of aging as it relates to driving. The estate of a woman who died from serious injuries related to her being pinned between a concrete wall and a Cadillac operated has been awarded $525,000 in a New Jersey jury trial. According to an initial report, the 59-year-old woman was sitting in the front seat of the 2005 Cadillac STS, and was the driver's full-time home health aide. At the time of the serious car accident (2008), the male driver of the vehicle was 81-years-old and stems from the caregiver's getting out of the vehicle to direct the elderly gentleman into a parking spot at a local diner. After being struck and pinned the health aide was transported to a medical facility where she was subsequently pronounced dead.

Back in 2008 it was expected the 81-year-old man would be issued a court summons and requited to take a driver's license re-examination. See below for a more extensive look into elderly driving.

While both sides agreed that the elderly gentleman was negligent in the accident, at issue were the caregiver's job description, and whether the family could file suit. The defense argued that the caregiver, who was paid $100 a day to cook and clean, was an employee of the elderly man and died while in her capacity as his aid. Thus, because an employee injured or killed on the job is typically covered under workers' compensation, the caregiver's estate cannot sue an employer. By contrast, plaintiff's counsel likened the position to an independent contractor who would not be covered under workers' compensation. Therefore, the family is entitled to bring a wrongful death lawsuit. Further, plaintiff argued, since the elderly man did not expend payroll taxes and had no written contract with his caregiver, he was not her employer, and she was not covered under workers' compensation.

The two-week trial concluded with the eight-person jury siding with the plaintiff's argument, deeming the caregiver an independent contractor, and ultimately awarding the woman's family the aforementioned sum to the caregiver's family. While such sums are helpful in fulfilling a family member's last will and testament, as well as settling final expenses, no amount of money can return a mother and grandmother.

Continue reading "Wrongful Death Decision Prompts Discussion on Senior Citizens and Driving" »

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" »

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" »

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 a post from earlier this month, the Charleston workers' compensation attorneys mentioned National Workers Memorial Day, a day of observance to remember workers who have lost their lives due to on the job accidents and injuries. National Workers Memorial Day is April 28, and in large part the reason for this particular date is because of a major construction accident that occurred on April 27, 1978, known as the Willow Island Disaster.

Yesterday afternoon an employee of Howell and Christmas, LLC came across some information regarding the Disaster, and realized his grandfather worked at a nearby chemical plant just downstream the Ohio River from the Monongahela Power Plant at Willow Island, the location of the cataclysmic construction accident. Having this connection to the Disaster, the employee contacted his grandfather to get a firsthand account of what happened that unfortunate day in April 1978, in an effort to better understand the ramifications of such an incident. Also, while the facts of the Willow Island Disaster can be easily found on the Internet, it is far more authentic and profound to hear of historical events from those close to them.

What follows is the text of an email from Mr. John T. Fries (pronounced "freeze"), a native West Virginian and Damn Fine Grandfather. "I spent 42 years working at the chemical plant next door to the Monongahela Power Plant at Willow Island. The name of the company I worked for was American Cyanamid Company. The power plant accident happened one day while I was taking inventory which meant I moved through-out our plant. I saw helicopters hovering over the power plant so we knew something had happened. Of course we found out when we got home. Our plant was on the downriver side of the power plant so we did not pass it going to and from work. In fact, I think we found out about it shortly after the accident happened--news travels fast, especially news of the magnitude this accident was. As I remember 50 some people were killed. As it turned out, short cuts were taken which caused the scaffolding to give way. "

Continue reading "South Carolina on the Job Accident Lawyers Take a Step Back in Time to the Worst Construction Accident in U.S. History" »

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" »

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" »

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" »

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.

Continue reading "Workers' Compensation Fraud and the LAPD" »

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" »

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" »

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" »

Charleston accident lawyers have taken note of a recent settlement in New York City that may have Port Authority of New York and New Jersey, owner of the World Trade Center paying out $47 million to the more than 9,000 workers who sustained work related injuries during the 9/11 terrorist attacks. The plaintiffs argue the defendants failed to ensure the workers’ safety during recovery operations at ground zero.

This settlement is in addition to a much larger settlement offered to over 10,000 workers, not all of them decided to sue the Port Authority, who are eligible to receive part of the $712.5 million being paid by the City and its contractors. There is a November 8, deadline to accept the larger settlement. As for the 9,055 plaintiffs in the Port Authority case, they are free to opt into one and not other, accept both, or reject both.

Lawyers for the Port Authority say the board of commissioners will not approve the settlement until the end of October and the plaintiffs will have 60 days to accept the deal. Also, the $47 million settlement is valid only if 80-95 percent of the plaintiffs opt in to receive payment.

Continue reading "South Carolina Job Injury Lawyers Turn Attention to Additional Workers Compensation Settlement" »

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.

Continue reading "South Carolina Workers Compensation Rate Decrease Proposed While Rate Hike In North Carolina " »

In California, former workers from a closed Toyota Plant filed suit against the Plant ownership and its parent company Toyota, claiming they were denied severance packages due to the fact they had to take leave from work because of on-the-job injuries. The suit seeks a revised severance agreement, restitution, lost compensation, other employee benefits and monetary damages. because more than 300 of the plants 4700 employees were claimed to be affected by this, the suit will be filed as a class action lawsuit. The Plant is located in Menlo park, Ca outside of Oakland.

The Plant was established as a joint venture between General Motors and Toyota in 1984. GM backed out of the Plant last year after filing for bankruptcy protection. Toyota produced the Corolla model sedan and Tundra pickup truck there. Because of GM's withdrawal, Toyota claimed they were unable to finance the factory and decided to close the plant. The plant workers were not the only ones to suffer from the economic blight caused by the factories closing. Thousands of workers in support industries that sustained both the Plant and its workers were affected by the sudden withdrawal of their main source of business.

The assembly workers were given a union mandated payout of over $21,000 at the close of the factory, however workers who worked continuously for 6 months prior to the shuttering received enhancements that added up substantially. The lawyer for the Workers claims that his clients are taking a large hit to their income without the addition of these enhancements. Enhancement value could total up to more than $32,000 dollars individually. The attorney stated ""Some of these people had worked there 25 years and were injured in the last six months," "We allege they're being discriminated against with respect to their severance because of their disability.

The lawsuit also alleges that the workers were denied the ability to take advantage of some of the benefits that Toyota provided for career enhancement. Further more, it is claimed that many were denied employment even after a medical professional approved them to return to work. The plant spokesman said in response "the factory "has always prided itself on treating its team members with respect and fairness and we believe we've done so in this situation." Toyota's corporate policy is not to comment on ongoing litigation.

As far as these claims go, South Carolina Worker's Compensation attorneys believe very strongly in the fair treatment of workers and the effective and quick settlement of any disputes between management and workers in a given situation. Hopefully, the situation will be resolved in the most efficient and fair manner possible for both parties.

Source: The State, "Former workers at Calif. plant sue Toyota, factory" ,By Brooke Donald , July 27th, 2010

In a story making headlines today, Charleston Workers Compensation attorneys would like to make the public aware of a large scale settlement in which Imperial Sugar was involved regarding work place safety issues. Imperial Sugar has agreed to pay $6 million dollars in fines and compensation on account of rampant safety violations in two US plants, one of which exploded in Savannah, GA in 2008, killing 14 workers.

The Occupational Safety and Health Administration sought to impose fines of more than $8.7 Million dollars in regards to the safety code failures. However, Imperial Sugar was able to contest these charges for nearly two years. The fines include $4 Million Dollars for the where there were 124 violations reported. The fire as reported, was judged preventable if proper safety precautions had been followed. Chemical Safety Board Chairman John Bresland stated "The explosion at the plant was entirely preventable and the deaths that occurred in February 2008 should never have happened," The other $2 Million Dollars will pay for various fines leveled on a facility in Louisiana. South Carolina accident lawyers urge both Companies and Plant workers to follow proper safety procedure when operating in hazardous enviroments.

Since October 10th, 2009 OSHA has reported 742 Fatal Workplace accidents in the United States.

Sources: The Charleston Post and Courier, " Imperial Sugar agrees to pay $6 Million", July 8th,2010

The Occupational Safety and Health Administration

Rueters News Service, "Imperial Sugar plant explosion was 'preventable' "

MSNBC News, "4 found dead in Ga. sugar refinery blast
Dozens injured in blast; firefighters continue to battle blaze into Friday"

Claiming unfair and potentially illegal treatment from their employers, the surviving members of the Transocean Drilling Platform that exploded April 20th, appeared before Congress to urge the members to hold British Petroleum and its subsidiary, Transocean accountable for their actions. The workers claim that many necessary safety issues had been overlooked and that repeated attempts on their part to notify the company of the issues-were ignored. Charleston Worker's Compensation Attorneys would like to make the public aware of this particular issue of the Oil Rig disaster.

The oil rig exploded April 20th after a suffering mechanical complications involving the main drill. A fire broke out that spread quickly through the platform, killing 11 workers. The survivors were rescued after a 28 hour ordeal, but clain the company moved immiediatly to absolve themselves of blame. Employee Steven Stone stated "Transocean asked him to a sign a document -- without his attorney present -- saying he was not injured in the blast in exchange for $5,000 for the loss of his personal possessions, he said. He refused to sign the portion saying he was uninjured, he said, because even though he did not require medical treatment at the time, he must see a doctor for effects of smoke inhalation and is also dealing with mental and emotional aftereffects."

Charleston workers’ compensation lawyers want you to know that a judge has ruled in favor of South Carolina’s corrections agency in a lawsuit brought against the state agency by prison employee. The worker alleged that he was threatened to perform prisoner executions or loose his position at the agency.

The employee, a 22-year-old major in charge of the SWAT team, along with another worker, a security division major, sued the South Carolina Department of Corrections in 2007 for being forced to perform executions. The men alleged that they did not receive proper training for the executions and counseling was not made available to them after the executions.

The plaintiff alleges that he told the Corrections Director that he did not want to partake in the executions. According to the worker a transfer would have resulted in a pay grade reduction and loss of his state-issued vehicle. He was forced to execute 8 inmates before taking disability retirement in 2007.

U.S. District Judge Cameron Currie wrote in a federal court order filed Tuesday, March 16, that the employee’s argument was not strong enough and that he did not show enough evidence that his first amendment right of free speech had been violated. His South Carolina attorney said that they respected the judge’s decision but they do plan to appeal.

Source: The Post and Courier- “Judge nixes executioner’s suit.” March 18, 2010.

Charleston workers’ compensation lawyers are pleased to report that eight of the nine families of the nine Charleston County Firefighters killed in the 2007 Sofa Super Store fire have reached a partial settlement. The partial settlement is more than $1.2 million dollars, with several companies claiming that they were negligent in the deaths of the families’ loved ones.

Thirty companies were initially alleged at fault for the Sofa Super Store fire, and all but four companies have agreed to settlements. An attorney involved in the case said the final figure in the latest round of settlements was close to $1.5 million dollars. This brings the total amount of money companies have agreed to pay to the families to $8.4 million dollars.

Some of the companies who have settled were furniture manufacturers whose furniture was being sold in the Sofa Super Store when the fire occurred on June 18, 2007. The families alleged that the manufactures products contained polyurethane foam, a highly flammable material, and failed to warn the retail store. These companies products increased the risk of a potential fire.

Two of the remaining defendants that have yet to reach a settlement are the Sofa Super Store itself and Goldstein Family Limited Partnership, the Sofa Super Store operator. Charleston accident attorneys working on the case hope to reach a settlement out of court but are prepared to go to court if found needed.

Source: The Post and Courier- “8 of 9 families reach partial settlement.” March 9, 2010.

Charleston workers compensation lawyers want to report that the South Carolina Supreme Court ruled in favor of a migrant worker injured on the job at a tomato farm. Frantz Pierre is a foreign worker legally in the United States employed by Seaside Farms, Inc. Seaside Farms owns a 400 acre tomato farm in Beaufort County and provides immigrant workers’ a camp to reside in on-site while working in the country.

Pierre, making barely over minimum wage, lived at the workers’ camp provided by the company. While at the camp Pierre slipped on a wet sidewalk and severely injured his ankle in South Carolina. Pierre then preceded to file claim with the South Carolina Workers’ Compensation Board. Seaside farms and American Home Assurance, the company’s and employees’ insurance company, both disputed Pierre’s claim arguing that he was not required to live in the workers’ camp; therefore, they are not responsible for his fall.

Pierre’s case was brought before the South Carolina Supreme Court, which scolded Seaside Farms and American Home Assurance. “It is clear from the record that Pierre was required, not by contract, but by the nature of his employment, to live on-site near the packing facility as there was no reasonable alternative...,” the Supreme Court expressed defending the migrant worker. The court found Seaside Farms liable for Pierre’s injury due to an insufficient water draining system.

Source: The State- “SC Supreme Court sides with injured migrant worker against tomato farm.” February 16, 2010.

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 and 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 and 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" »