MSHA: U.S. Mining Fatalities Drop To Record Low

The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) says the 24 mining fatalities in the U.S. in 2019 were the fewest annual fatalities ever recorded. Last year is only the fifth year with fewer than 30 mining fatalities in the MSHA’s 43-year history.

One of the 2019 mining fatalities was in South Carolina, according to an MSHA news release. Even one preventable mining death is too many. There were also four deaths each in Kentucky and West Virginia and two each in Pennsylvania, Tennessee and Texas. Georgia, Idaho, Illinois, Louisiana, Minnesota, Mississippi, New Mexico, Oklahoma, and Vermont each reported one fatality.

“The low number of mining deaths last year demonstrates that mine operators have become more proactive in eliminating safety hazards,” Assistant Secretary for Mine Safety and Health David G. Zatezalo said in the news release. “A disproportionate number of mining deaths involved contractors, and we saw an uptick in electrocution accidents, with three deaths and another two close calls.”

Zatezalo said that the MSHA is visiting thousands of mines to educate miners, operators and contractors on safety procedures that could prevent accidents.

The decline in mining deaths in 2019 follows a two-year increase in 2017 and 2018, when about half of all deaths resulted from vehicle-on-vehicle collisions, failure to use a functioning seat belt and conveyor belt accidents.

The MSHA responded with a multifaceted education campaign and initiated changes to safety rules. In 2019, the percentage of deaths caused by powered haulage accidents dropped to approximately 25% of all mining deaths, the news release says.

The MSHA is still reviewing two cases of possible chargeable fatalities which, if added, would make the total in 2019 the second-lowest number of fatalities ever recorded, according to Mining-Technology.com.

Approximately 250,000 miners work in around 12,000 metal/nonmetal mines in the U.S., while approximately 83,000 work in around 1,000 coal mines, MSHA says.

Mining in South Carolina

South Carolina has nearly 500 active mines, according to the Mining Association of South Carolina.

The S.C. Mining Act defines mining as the removal of ores from the ground for sale (i.e., granite quarries) or for use in a business (i.e., brick manufacturing). There are several types of surface mining done in South Carolina, according to the S.C. Department of Health and Environmental Control (DHEC): open pit (i.e., granite, vermiculite), strip mines (i.e., sand, clay, gravel) and sand dredging from river bottoms.

South Carolina employs about 4,600 people in mining and logging operations, according to the U.S. Bureau of Labor Statistics (BLS).

The estimated raw mineral production value at the lip of the mine in South Carolina is in excess of $483 million annually, according to the S.C. Mining Association. Mining companies contribute more than $138 million in the state annually through payroll and taxes alone.

South Carolina is ranked 25th in the United States in total mineral value and is 13th among the 26 Eastern states, the association says. The state is ranked second nationally in the production and sales of kaolin and first in cement. South Carolina is the only gold producer east of the Mississippi.

Recent South Carolina Mining Death at Cement Plant

While the number of mining deaths has declined last year, mining remains dangerous work that can cause injuries and occupational disease to miners.

Lennox W. Hinckson, 65, a contract worker, fell from a “preheater” tower at the Holcim Cement Plant in Holly Hill, S.C., on Dec. 3, according to WIS TV in Columbia. Hinckson was pronounced dead at the scene from injuries suffered in the fall, which was ruled accidental.

Holcim, which is classified as a mining operation according to WIS TV, reported seven non-fatal injuries in 2019 and has been cited with 273 safety violations since 2016. Forty-one of those violations were issued in 2019. The total penalties paid for those violations was $645,394, according to records.

Violations were related to moving machine parts not being properly covered and guarded, the safety and size of electrical conductors and the plant not being clean and orderly.

In another death at the Holcim Cement Plant in 2002, the victim was hit and pinned by an elevator car.

Legal Assistance for Injured S.C. Mining Workers

Individuals employed in the mining industry in South Carolina are due workers’ compensation benefits if they are injured in an accident while on the job. In cases of fatal accidents, S.C. workers’ comp pays a death benefit to surviving family members. Contract workers would typically have workers’ comp coverage through an agency that contracted with the mine to provide temporary personnel. Let our attorneys at Joye Law Firm review the details of the mining accident and discuss your legal options for seeking compensation.

The Joye Law firm helps injured South Carolina workers and their families recover compensation they are due after occupational accidents and illnesses. Workers’ compensation laws are complex, and many employers can avoid paying full settlements in expensive claims if the injured employee does not have an experienced lawyer on their side.

Our South Carolina workers’ compensation lawyers have fought for injured workers for more than 50 years. We can fight for you, too. If you were injured at work, or if a family member was killed, contact us today for a free review of your case and the benefits you deserve to have.

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Resident Slapped by Staff at Saluda Nursing Home

Saluda Nursing Home in South Carolina has been cited after failing to protect a resident from abuse.

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Two Certified Nursing Assistants (CNAs) were helping a resident get into her bed. One CNA rolled the resident to her side to begin changing her, but the resident became agitated and hit a CNA in their arm, calling them a derogatory term. The CNA who had been hit chose to slap the resident on her left cheek, which the other CNA witnessed and later confirmed. The resident made noise and attracted outside attention, beginning the review process conducted by the nursing home facility.

The resident was noted as being alert, giving their testimony more weight. A nursing staff member was also present during the encounter and confirmed the resident’s account. The facility’s investigation also revealed that the resident had been concerned about the treatment from this CNA before the incident. This took place on a Friday and the day before the resident shared her concerns with a friend who had come to visit. This friend then shared the concern with the nurse in charge at that time.

The facility also investigated the resident’s previous care plans and documented its findings. According to the facility’s records, the resident had shown “alteration in thought processes,” with difficulty regulating her mood, pervasive obsessive disorders, disorganized thinking, and daily verbal and physical symptoms. The resident was recorded in the months previous to the incident as being impulsive, demanding, and impatient. Her care plan required nursing home staff to remind her that “acting out” was unacceptable.

The resident hit the CNA and called them a derogatory term, a pattern that had already been noted in her care plan. Because of this, the care plan required two nursing staff at all times to assist the resident for care. The resident’s care plan also required nursing staff to leave the resident alone and to return at a later time if the resident started to act out. The report shows that this resident was not always pleasant, but the nursing home staff all had a responsibility to protect and care for her.

The CNA who witnessed the incident stated that the resident was combative and hit the other CNA in the arm, calling them a severely derogatory term. The other CNA struck the resident on her left cheek, which remained red for a few seconds after impact. The Director of Nursing and unit manager came immediately to investigate, seeing no lasting injury on the resident. Other nursing home staff were interviewed in connection with this citation and stated that the resident had told her story multiple times, recounting how the CNA had hit her.

Nursing home residents are extremely vulnerable, relying completely on nursing home staff for their daily needs. Nursing homes make a promise to take care of their residents and keep them safe from harm, which Saluda Nursing Center failed to do. Many nursing home residents are unable to advocate for themselves as this resident has due to memory and cognitive impairment. More than half of America’s nursing home residents suffer from memory loss, and nearly half of residents suffer from Alzheimer’s or related dementia.

This means that abuse does not always get reported and result in the termination of an employee who hits a resident. If a resident has trouble telling a cohesive story, if there are no witnesses, or if the resident is unable to identify the person who abused them, a nursing home facility has trouble moving forward with its investigation. Oftentimes, family members who know the signs of abuse can help protect their loved ones who live in nursing homes.

Don’t wait. Get help for nursing home abuse today.

The CNA who slapped the resident made a statement admitting that they had hit her, “but did not mean to do it.” The CNA was suspended and later terminated after the facility finished its investigation, as the facility’s process revealed “substantiated abuse” regarding the CNA’s actions. This CNA, who was hit and called a name by the resident, was required by the resident’s care plan to disengage, to leave the room, and to return at a different time. There was no excuse for physically abusing this resident.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Residents Suffer Injuries from Multiple Falls at Brian Center Nursing Care – St. Andrews in Columbia

Brian Center Nursing Care – St. Andrews in Columbia, SC, has been cited for failing to prevent falls for its residents. This facility was profiled in one of our previous blog posts after failing to follow state reporting regulations, which you can read about Brian Center Nursing Care’s other citation.

Don’t wait. Get help for nursing home abuse today.

In the span of a year, one specific resident fell three times. Nursing home falls are treated very seriously, as they can have lasting implications for a resident’s health, mobility, and overall quality of life. Three falls over a series of months is significant, showing the nursing home’s failure to prioritize the protection of this resident by preventing their injury.

In the third fall, the resident gained a lump on their forehead, three scratches on their leg, and a small scratch on the bridge of their nose. This resident was known to have a “decreased awareness of their own safety,” leaning forward in their wheelchair in a way that put them at serious risk of falling, even when they were in a wheelchair.

The nursing home had a plan to prevent falls for the resident, including keeping important items within easy reach in their room to discourage the resident from leaning forward too far. The resident’s area was kept clear of clutter and had fall mats to reduce the severity of a possible fall. These interventions were well-intentioned, but this resident was known to lean too far forward in their wheelchair. This concern put the resident at risk during the times they moved around the facility and outside of their room.

The facility was also cited for the injury of a second resident, who also had a history of falls. The resident was first found sitting on the floor mat in their room with a bruise and swelling to the left inner arm. The resident received an x-ray, which revealed an acute humeral neck fracture. When a state surveyor reviewed this resident’s file, they found four additional falls that occurred within the weeks leading up to this serious injury. This resident had been injured multiple times and eventually suffered a neck fracture because the facility did not prevent the resident’s falls.

The second resident had a history of Dementia and had been marked as a high risk for falls. The resident’s care plan outlined a strategy of keeping the resident’s area clear of debris and clutter and keeping frequently-used items close by. The resident was to be transported by wheelchair, but there were no additional interventions listed. This resident was a clear risk for falls and had fallen multiple times in a very short period.

Don’t wait. Get help for nursing home abuse today.

Fall risk is common in nursing homes, as there are many conditions which can make falls more likely. The responsibility of a nursing home, in this case, was to make and follow a plan for each resident that would address their daily needs in addition to preventing their injury. Nursing home residents depend completely on the facility to ensure their safety. Closer supervision or a more robust care plan could have made all the difference for these residents.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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How to Get a Car Accident Report in South Carolina

If you have been injured in a car accident in South Carolina, the basis of any insurance claim or personal injury lawsuit you file will be the police report from the accident. You need to obtain a copy of the police report from your car accident as soon as possible if you have been injured.

In some cases, a responding police officer will provide written instructions for obtaining a copy of his or her accident report. Generally, you can obtain a copy through the local law enforcement agency (city police or county sheriff’s office) or from the South Carolina Department of Motor Vehicles (SCDMV). There may be a nominal fee.

Reporting a Car Accident in South Carolina

Any car accident in South Carolina that results in a person being injured or killed should be immediately reported to the police (S.C. Code Section 56-5-1260).

If a auto accident results in injury or death or $1,000 worth of property damage and is not investigated by law enforcement, then the car owner is required to report the accident to the SCDMV within 15 days after the accident, along with proof of liability insurance coverage.

If the owner or driver of a crashed vehicle is unable to report the accident, another occupant of the vehicle should make the report. If the vehicle owner was not in the accident, he or she has five days after learning of the accident to make an accident report if the driver did not.

Here is the SCDMV’s Traffic Collision Report form that individuals should complete and submit for car crash not investigated by law enforcement.

In most cases in South Carolina, police, sheriff’s deputies or the S.C. Highway Patrol will respond to a 911 call after a auto accident and investigate the crash. They will forward a written report of the accident to the Department of Motor Vehicles within 24 hours, including the names of those involved in the accident and witnesses (S.C. Code Section 56-5-1270). This is the report you need to obtain.

Get Your South Carolina Auto Accident Report

To buy a collision report from the South Carolina Department of Motor Vehicles, you can request a copy online or by completing the Request for Collision Report (SCDMV Form FR-50) and mailing it to the address on the form or take it to any local branch office of the DMV. This report is more detailed than the one you received from police at the scene of the collision.

It is a two-page form for which the second page automatically duplicates the first as you complete it electronically. This provides the SCDMV with two copies of the request.

When buying a collision report online, if the collision report has not yet been added to your official driving record, the one you buy will be stamped “unofficial.” If it has been added to your record, there will be no stamp. However, you will need an official copy of the report and will be required to pay an additional fee to buy an “official” copy when it’s added to your driving record.

SCDMV does not automatically send out the “official” copy once it is added to your driving record.

Once you complete the SCDMV Form FR-50, mail two copies of it and a check or money order for $6 made out to the SCDMV to:

SCDMV
Financial Responsibility
PO Box 1498
Blythewood, SC 29016-0040

You can also buy a copy of a collision report at any local SCDMV branch office.

You may contact the local law enforcement agency that investigated the accident for their instructions for obtaining the report. They may refer you to the SCDMV.

What Information Does a SCDMV Car Crash Report Have?

A car accident report completed by a law enforcement officer in South Carolina provides a basic description of the accident, including any contributing factors apparent at the scene. It may contain:

• Date and approximate time and location of the accident
• Names of all drivers and passengers involved in the accident
• Contact and liability insurance information for each driver
• Names and contact information for accident witnesses the officer interviewed at the scene
• Statements by drivers, passengers and witnesses describing what happened
• A diagram of the accident
• A brief summary of damage to the vehicles
• The officer’s description of the accident scene, including weather, lighting and road conditions
• Driver actions that may have contributed to the crash, such as speeding, distracted driving or other observations
• In some cases, an opinion about which driver was at fault or how blame should be shared.

The accident report can serve as the starting point of an investigation into your accident by a personal injury lawyer working on your behalf. Insurance adjusters also rely on police accident reports when reviewing claims. As your car accident attorneys, Joye Law Firm would seek to establish that the facts in the police report show that the other driver was responsible for the accident and that you should be compensated through their insurance.

With information about your injuries, medical costs and income losses, we can send a demand letter to the obligated insurer and negotiate a proper settlement on your behalf. If an insurer will not settle, we can proceed to file a formal personal injury lawsuit, during which we can gather additional information about the accident and the defendant while continuing to negotiate aggressively for a settlement for you.

Contact a S.C. Car Accident Attorney

If you have been injured in a car accident in South Carolina that someone else caused, our car crash lawyers at Joye Law Firm is here to help you. You should report the accident and obtain a copy of the police report as soon as possible. We can assist you if you have been unable to obtain a copy of the report.

As your attorneys, we can ensure that your legal rights and financial interests are fully protected throughout the accident claims process. If you have been unjustly harmed, you deserve to be compensated. We can hold negligent drivers and their insurers accountable. Contact Joye Law for a free legal consultation about your car accident injuries today.

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Firefighter Injury ‘Close Calls’ in South Carolina

Few of us ever face the kind of workplace hazards and stress that firefighters and law enforcement officers confront regularly while performing their jobs. Firefighters face doubling the risk of work-related injuries as the average worker, according to the Bureau of Labor Statistics.

In January, two firefighters were injured in the Aynor, S.C., area when the floor beneath them collapsed during a fire in a vacant house. Fortunately, their firefighting injuries were reportedly not life-threatening. But imagine the floor below you suddenly giving way or the ceiling and all else above you suddenly crashing down onto you.

Firefighters work in complex and rapidly changing environments that expose them to a number of potential hazards, including smoke, flames, explosions, hazardous chemicals, falling debris and traffic accidents. Despite their protective equipment and training, they often suffer close calls or serious injuries during emergency responses.

The National Fire Protection Association (NFPA) says in a December 2019 report that an estimated 58,250 firefighter sustained injuries in the line of duty in 2018, a decrease of 1 percent from 2017. In 2018, 39 percent of all reported firefighter injuries occurred at the scene of a fire.

Firefighters also suffer injuries in traffic collisions while responding to or returning from an incident, during training activities, at non-fire emergency incidents and during other on-duty activities.

In a June 2019 report, the NFPA says there were 64 on-duty firefighter deaths in 2018, including 25 deaths at fires, with the largest share in structure fires (13), followed by wildland (10), a vehicle fire and a gas main explosion.

How Firefighters Prepare To Avoid Injuries

It is understood that firefighters must be physically fit to be able to answer emergency calls safely. They must be properly equipped and understand how and why to use protective equipment.

Part of their training also includes learning to recognize how fires change and react to the environment, and what signs may indicate a structure’s imminent collapse.

Firefighting is a job that requires constant vigilance. Any emergency response call or physically demanding training activity can pose a hazard and injury risk.

As the NFPA says, “Due to the kind of work they perform and the hazards of the incident scene environment, it is unlikely that all firefighter injuries can be eliminated. However, the adoption of proactive safety programs can help to reduce injury and illness among fire departments and other emergency response personnel.”

Safety protocols and training programs based on best practices can help to reduce firefighter injuries caused by the variety of hazards they experience. The NFPA says a recent study of the National Institute for Occupational Safety and Health (NIOSH) firefighter fatality database found that an absence of key safety protocols put firefighters at risk.

“In addition to efforts to prevent traumatic injuries,” the NFPA says, “it is critically important for firefighter health and safety programs to develop policies and procedures that address other health risks of firefighting activities, including prevention efforts around behavioral health, cardiovascular health, and protection from exposure to toxic materials.”

Common Firefighter Injuries

According to the NFPA, the major types of injuries that occur during firefighting operations are due to:

• Overexertion, strains and sprains
• Falls, jumps, slips or trips
• Being struck by or other contact with objects
• Smoke or gas inhalation
• Wounds, cuts, bleeding and bruising
• Thermal stress, such as frostbite or heat exhaustion
• Exposure to chemicals or radiation.

In 2018, an estimated 14,425 collisions involving fire department vehicles responding to or returning from incidents resulted in 575 injuries. However, because fire departments responded to 36.7 million incidents in 2018, the number of collisions represents 0.04 percent of the total responses.

Another 700 collisions involved personal vehicles when firefighters were responding to or returning from incidents. These collisions resulted in an estimated 50 injuries, the NFPA says.

South Carolina Firefighters and Workers’ Compensation

South Carolina workers’ compensation laws provide that firefighters who are injured while on the job and during the course of employment should receive compensation for their losses, including for:

• Medical care
• Lost wages
• Permanent disability
• Occupational and vocational rehabilitation
• Tuition, books, supplies, etc., for necessary re-training to obtain work
• Physical impairment, disfigurement, and loss of limbs
• Reimbursement for mileage costs to see a physician or pick up medications
• Death and burial benefits (to family members).

South Carolina’s current laws state that in order for post-traumatic stress and mental illness suffered due to work conditions “unaccompanied by physical injury” to warrant medical benefits, the conditions that caused the injury must have been “extraordinary and unusual in comparison to the normal conditions of the particular employment.”

If you or a loved one of yours is receiving any pushback on a claim for South Carolina workers’ compensation benefits after suffering an on-the-job injury, we urge you to contact Joye Law Firm today.

Joye Law Firm has been standing up for injured people, including firefighters and other emergency responders, in South Carolina for more than 50 years. We have offices in Charleston, Columbia, Myrtle Beach and Clinton and accept cases from across South Carolina.

Joye Law Firm respects the bravery and dedication of firefighters who put themselves in harm’s way for the sake of others. We represent firefighters and other first responders who are dealing with disputed workers’ comp claims. We’ll fight for the benefits and compensation you deserve for medical bills, future medical care, lost earnings, and other losses.

Contact Joye Law Firm

Schedule a free, no-obligation consultation with one of our experienced South Carolina workers’ compensation lawyers by calling 877-936-9707 today or contact us online. When firefighters and other first responders suffer harm, we fight for their right to workers’ compensation benefits. If they are denied benefits, we will work to see that the decision is overturned. Contact us for results now.

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Brian Center Nursing Home Care in St. Andrews Fails to Report Resident Abuse

At Brian Center Nursing Home Care – St. Andrews, an altercation between two residents revealed the nursing home’s cavalier attitude toward protecting residents and negligence in following state reporting regulations.

Don’t wait. Get help for nursing home abuse today.

Resident 1 was verbally aggressive with another resident and hit a resident. When approached by a nurse, the resident cursed at her and said they did not “have to do a [expletive] thing.” The nurse reported this to the Director of Nursing and was told to have the resident undergo a psychological evaluation if this behavior continued. The resident was told this and calmed down, with no additional outbursts that afternoon.

Resident 2 was seen smoking on the facility’s front porch and reminded of the smoking policy. The resident, who was accompanied by an aide, responded and affirmed that they understood the policy but had chosen to smoke after getting upset when another resident hit them.

Resident 2 had gone outside to smoke and saw Resident 1. They asked to borrow Resident 1’s lighter, but Resident 1 began shouting and cursing at Resident 2, threatening to harm them. This quickly turned into an altercation, ending in Resident 1 hitting Resident 2 in the arm. They denied that they had used a closed fist to hit Resident 2’s arm.

After the altercation, the residents were separated, interviewed, and examined for injuries.

The second resident complained of a high level of throbbing pain in their arm after the incident. They received pain medication for the injury, which helped. This resident spoke with the Director of Nursing and shared that they no longer felt safe in the facility.

The Director of Nursing gave the resident the option to go to another nursing home facility or home because of their concerns. It is not clear what the resident chose to do after being hit by another resident.

The incident was reported to the State of South Carolina a full three days later. When the state survey team asked for a full investigation report, the facility failed to deliver this necessary document. They shared the witnessing aide’s statement, the statement of a Licensed Practical Nurse (LPN), and the facility investigation conclusion, which was not dated.

The nursing home had a policy affirming that the facility would conduct an investigation of alleged abuse or neglect according to state law, which they, in this case, did not. The Director of Nursing admitted to this failure but said that they and other staff members were new to the facility.

Nursing homes are responsible for the safety of all residents and promise to keep them free from abuse or neglect. Even when another resident chooses to hurt another resident, the nursing home has to bear that responsibility. This is one reason for the state’s citation, but the facility also failed to properly follow state regulations regarding reporting the abuse.

Administrators knew of the resident-to-resident abuse right away but did not report for three days. The state requires nursing home facilities to report abuse and neglect as soon as possible to keep nursing homes from hiding abuse and to keep residents safe. By delaying their communication with the state, Brian Center Nursing Home Care created a space where a resident with an aggressive history was not reported, and other residents were at risk.

The Director of Nursing’s claim that the staff was new to the facility is a poor excuse for failing to follow regulations. These nursing home employees were still required to protect residents and specifically licensed for patient care. There is no excuse for nursing home abuse, no matter the level of experience of the staff.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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