After a serious accident such as a car crash, you will likely need a lot of financial help to get your life back to normal. When the accident wasn’t your fault, you can usually sue for compensatory damages, such as the cost of your medical bills, property damage, any income you lost while recovering, and even the pain and suffering you experienced.
However, there is another type of financial award you may be eligible for: punitive damages.
What Are Punitive Damages?
Unlike compensatory damages, which are intended to compensate the injured person, punitive damages are designed to punish the negligent person. Furthermore, punitive damages are awarded in addition to compensatory damages in personal injury cases, not in place of them.
Punitive damages are typically only awarded when the defendant was grossly negligent – this means they had to consciously make a decision that put others in harm’s way, rather than just act recklessly. In South Carolina, one common example of claims that often qualify for punitive damages are car accidents caused by drunk drivers.
Juries often use punitive damages as a way to deter others from acting similarly, by making an example out of the negligent party.
How to Get Punitive Damages in South Carolina
To receive punitive damages after a car accident in South Carolina, the injured party will need to pass two requirements.
First, they must qualify for compensatory damages. If they weren’t injured and their car wasn’t damaged, they can’t file for punitive damages, even if the other driver was drunk.
Second, they need to have “clear and convincing” evidence that the defendant’s “willful, wanton, or reckless” behavior caused their injuries, which in the case of drunk driving accidents usually means proving the other party was driving under the influence of alcohol.
Thankfully, this doesn’t mean that plaintiffs need to prove beyond a shadow of a doubt that the other party was drunk at the time of the accident, as some reckless drivers may refuse to take a Breathalyzer test at the scene or may not receive a test until hours after the accident.
What it does mean is that the jury must be satisfied that it’s more likely than not that the other party was intoxicated and caused the accident.
An experienced car accident attorney can provide evidence that can help prove the other driver in the crash was under the influence of alcohol, such as:
Witness testimony
Testimony from the responding police officer
Analysis of the scene of the crash
Reckless driving behavior on the part of the other driver, such as driving at inconsistent speeds or drifting out of their lane
The location of the driver before the crash (for example, if they were at a bar or social gathering where alcohol was served)
How Are Punitive Damages Calculated in South Carolina?
While compensatory damages are often easily calculated by tallying up the sum of your medical bills, lost wages, and any other expenses resulting from your accident, punitive damages are more subjective, and are determined by the jury.
The amount of punitive damages you are eligible for can be influenced by:
The severity of your injuries
Whether the defendant attempted to conceal their behavior (such as by refusing a BAC test)
Whether the defendant has displayed similar behavior in the past (do they have past DUIs on their driving record?)
Whether the defendant was criminally charged for the same action that caused the injuries (did they receive a DUI for the crash?)
Whether the plaintiff was partially responsible for their own injuries (did your actions contribute to the crash in any way?)
Is There a Limit on Punitive Damages in South Carolina?
Some states place a cap on how much money a plaintiff can be awarded in damages.
In South Carolina, punitive damages are limited to $500,000 or three times the compensatory damages, whichever is greater.
After an Accident Caused by a Drunk Driver, Call Joye Law Firm
Drunk driving is an epidemic in our state. And when drunk drivers cause accidents, the results are often devasting. One 2019 study placed South Carolina as number three for most drunk driving deaths in the nation.
If you or someone you love was injured or killed in a drunk driving accident, you deserve compensation. Contact our firm today to talk through your options, including seeking punitive damages.
Manufacturing is a major industry in South Carolina. According to recent stats from the National Association of Manufacturers, it accounted for almost $40 billion in output for the state in a single year. Additionally, nearly 12% of South Carolina’s entire work force is employed in manufacturing. It is with good reason that all of us celebrate when companies like BMW, Boeing, Mercedes and Volvo decide to build large plants in our state.
While the benefits to a community of having a thriving manufacturing presence are extensive, the nature of this work can often lead to serious work injuries. Accidents in a manufacturing facility can quickly alter a worker’s entire life. When a manufacturing accident does happen, an injured worker needs workers’ compensation to kick in quickly to cover medical treatment and lost wages.
Every accident is different. However, certain types of accidents and injuries are common across an entire industry. There are a lot of statistics available on types of South Carolina manufacturing accidents, their causes, and what to do following a workplace injury.
Statistics on Manufacturing Accidents
According to the U.S. Bureau of Labor Statistics, there were 343 fatal manufacturing accidents recorded in the United States in a single recent year. In the Bureau’s publication entitled, Highest Incident Rates of Total Nonfatal Occupational Injury and Illness Cases, 2018, the manufacturing industries with the high rates of injuries include food manufacturing, metal manufacturing, transportation manufacturing, and motor vehicle manufacturing. Several companies in these industries operate in South Carolina.
Types of Manufacturing Accidents in the Workplace
Due to the fact that manufacturing employees often work with heavy machinery and large equipment, as well as dangerous substances like chemicals, they deal with some unique risk factors. However, manufacturing employees are also subject to the same, common injuries suffered by workers in what are considered “safer” industries as well.
Some examples of manufacturing accidents include:
Slip-and-fall accidents. Slip-and-fall accidents are among the most common of all workplace injuries, and manufacturing is no different. Walking surfaces that are slippery, raised, cluttered or not properly protected all raise the risk of slip-and-fall accidents.
Repetitive motion and overexertion injuries. Manufacturing positions often require employees to complete the same task repeatedly throughout the day. Using the same muscles over and over can lead to both repetitive motion and over-exertion injuries, even when not lifting heavy things. Workers in sewing and textile manufacturing, those who work on assembly lines and even office workers may be at risk of repetitive motion injuries. These are complex cases and often require expert testimony in the area of ergonomics to be successfully prosecuted.
Caught in machinery accidents. Typically, the manufacturing industry conjures images of large objects and heavy machinery. Because of this unique danger posed by large equipment, certain manufacturing workers are at risk for being caught in or crushed by one of these pieces of machinery. This one of the most devastating types of accidents, and it can result in amputation, a crushed limb, broken bones, head or traumatic brain injury, spinal cord injury, or even death. Sadly, our firm has handled many of these types of cases, including a teen worker who lost an arm and a steel worker who was killed in a machine crush accident.
Being struck by an object. The manufacturing floor can get chaotic with both people and objects moving around. If a worker collides with an object, or if an object is dropped, improperly controlled, or poorly restrained, serious injuries may occur. Depending on the weight of the object and the force with which it hits, a worker could be left permanently impaired.
Exposure to dangerous chemicals or hazardous materials. Many manufacturers use, store or even manufacture chemicals or other hazardous materials. When a worker is exposed to these dangerous substances, a host of complications may arise, including burn injuries, increased risk of cancer, lung diseases, asthma, breathing problems, disfigurement, and in extreme cases, death.
Top Causes of Manufacturing Accidents
The highest priority of every manufacturing floor should be safety, with the goal of an accident-free workplace. That’s because most manufacturing injuries and accidents are avoidable. However, things like slips and falls, being caught in machinery, being struck by an object, and many other accident types often occur because of safety violations or hazardous conditions.
Employers have an obligation to do things like properly store dangerous chemicals and follow scaffolding standards set forth by the Occupational Safety and Health Administration (OSHA) to prevent the risk of workplace injuries.
In some circumstances, a third-party and not the employer may be at fault for failure to maintain a safe working environment. It is very important that these situations are fully investigated by an experienced law firm. While an injured worker is limited to recovering workers’ compensation benefits for a work injury from her employer, the worker may be able to pursue a negligence claim (which is often more valuable) if a third party was at fault in causing the accident. Pursuing both a workers’ compensation and a third party negligence claim for the same accident is a complicated process. If not done properly, the injured worker can inadvertently void her entitlement to workers’ compensation benefits in these situations.
Tips for Preventing Accidents at Manufacturing Facilities
In order to prevent manufacturing facility accidents and other workplace injuries, South Carolina employers should:
Invest in proper safety and job training
Ensure all employees have proper safety equipment
Maintain a safe, hazard-free facility
Maintain equipment and machinery and keep it in safe, working order
Provide the supervision necessary to ensure all jobs are being performed safely
I Have Been Hurt at Work. Now What?
While many manufacturing accidents in South Carolina are preventable, they still occur frequently. If you have been injured on the job, you should be eligible for workers’ compensation benefits. South Carolina’s workers’ compensation system is a no-fault system. This means that when a workplace accident occurs, employees are entitled to benefits, regardless of who was at fault for the accident.
Since compensation is available unrelated to fault, an injured worker does not have to prove their employer did anything wrong in order to recover benefits. Further, the law states that even workers who were at fault for their own injuries cannot be barred from recovering workers’ comp benefits. The South Carolina Workers’ Compensation Commission reports that every South Carolina employee “with certain notable exceptions” is presumed to be covered by workers’ compensation insurance.
The no-fault structure of the workers’ compensation system also has its limits. It came into existence in South Carolina in 1937 as a compromise between employers and labor leaders. Since workers’ compensation covers workers’ injuries regardless of fault, employees are generally barred from filing a lawsuit against their employer. That is why workers’ compensation is called an “exclusive remedy” for injured workers in South Carolina. It is the only system available to injured workers to resolve their claims against their employers, even if the employer was negligent in causing the accident or creating a safety hazard.
The only way an injured worker can go beyond the no-fault workers’ compensation system and file a lawsuit in court is if that suit is against a negligent third party who caused or significantly contributed to the accident. For example, if a worker at a manufacturing facility is injured by a defective piece of equipment, the victim may be able to file a lawsuit against the maker of the defective equipment in addition to seeking workers’ compensation benefits through their employer. If a worker is injured due to an accident involving scaffolding which was improperly installed by a third party, the worker should be able to sue the scaffolding installer for negligence in addition to receiving workers’ comp benefits.
Contact an Experienced South Carolina Workers’ Compensation Attorney
The aftermath of a manufacturing accident can be a scary and confusing time. You want to make the right decisions for both your health and financial future, especially if you are facing the possibly of needing a surgery or being out of work for a prolonged time. While it may be tempting to push off big decisions, you must take action quickly to protect your rights. The first step is contacting an experienced workers’ compensation attorney. Someone versed in South Carolina workers’ compensation law can review your claim, and can help you secure everything you’re owed under either the workers’ compensation system or by filing a lawsuit. At the Joye Law Firm, we have lawyers with over 250 years of combined experience handling serious injury cases and our track record of results speaks for itself. We urge you to take advantage of a free, no-obligation consultation with our law firm.
PruittHealth Moncks Corner in South Carolina was cited after the facility failed to protect a resident known for falling. The resident left the facility unattended and fell out of their wheelchair in the facility’s courtyard. This facility was also recently cited for failing to review and revise the care plan for a resident who was known to put non-edibles in her mouth. The post regarding this citation can be read here.
The resident in this citation had falling identified as a “problem area” in their care plan. The care plan had the following listed as interventions to help the resident:
– Resident prefers to wear shoes when out of bed
– Resident needs a night light on to help see at night
– Remind resident to ask for assistance when moving around
– Monitor for changes in resident’s condition that may warrant increased supervision/assistance
After the resident fell from the wheelchair, the care plan was not updated, nor were any new interventions put in place. In this case, the care plan should have been revised to reflect that the resident shouldn’t be left alone in the courtyard.
The investigator of the citation asked the Director of Nursing (DON) for an incident report regarding the resident’s fall. The DON stated they did not have an incident report “because the resident did not get off the property, and it was not an elopement.”
While this incident was not an elopement, the facility failed to follow through on one vital procedure: updating the care plan. Care plans are essential because they document the appropriate ways to care for residents and keep them safe from harm. The DON confirmed the care plan wasn’t updated to prevent the resident from leaving the facility by himself.
In response to the citation, the facility finally updated the care plan. However, there were three months in between the time when the resident fell and the care plan was updated. In between those times, there were no instructions to the monitor the resident and ensure he didn’t leave by himself.
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.
from Joye Law Firm https://www.joyelawfirm.com/2020/08/pruitthealth-moncks-corner-cited-after-resident-falls-from-wheelchair/
via https://www.joyelawfirm.com
Magnolia Manor in Greenville, South Carolina has been cited after failing to “provide appropriate care for residents who are continent or incontinent of bowel/bladder, appropriate catheter care, and appropriate care to prevent urinary tract infections” for two residents.
During an observation, the first resident’s catheter bag and tubing were found on the floor. The catheter bag was uncovered and visible from the hallway. A Licensed Practical Nurse (LPN) confirmed that the resident’s “catheter tubing was on the floor and that the catheter bag was uncovered and visible from the corridor.”
Furthermore, the resident’s care plan indicated that the facility should “assess the drainage every shift. Record the amount, type, color, odor.” However, upon medical record review, it was found that the facility was not routinely monitoring the resident’s catheter bag or its contents.
During the same observation, a Registered Nurse (RN) performed catheter care. “While cleansing around the head of the penis, the nurse proceeded to cleanse and rinse the [catheter] tubing without anchoring it to preventing pulling at the insertion site.” The resident yelled out in pain, however the RN did not address his pain. When asked by the surveyor if it hurt, the resident answered “very much.”
The surveyor also noted that a leg band was not being used “to secure the catheter from pulling at the insertion site during activities of daily living.” The RN claimed the facility doesn’t require staff to secure catheters from pulling for immobile people.
Unfortunately, this was not an isolated instance in this facility. During observation of catheter care for another resident, the tubing was again not anchored to prevent pulling on the insertion site. Review of the facility policy titled “Catheter Urinary Cleaning & Maintenance” states staff should “cleanse area at catheter insertion site, taking care not to pull” though anchoring the catheter to prevent pulling was not mentioned.
Even though the facility’s policy for catheter care did state to take care not to pull at the insertion site, they failed to mention to anchor the catheter to prevent pulling in the policy. As a direct result of this, staff did not anchor catheters during care. When catheters are not anchored, pulling at the insertion site is inevitable, directly causing immense pain to 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.
The Retreat at Brightwater in Myrtle Beach, SC was cited after the facility “failed to review and revise [a resident’s] care plan for elopement.” The resident – who was deemed the “highest risk” for elopement – wandered outside of the facility two times before the facility updated the care plan to keep the resident safely inside.
The investigator of this citation reviewed documents regarding the resident’s past elopement behavior. The records revealed the resident was “wandering in rooms and hallways and calling for his/her son/daughter. Acts of diversion and reorientation were used as requested by the son/daughter.” According to the citation, “no new wandering/elopement risk screening was performed, and no new interventions were added to the resident’s care plan.”
Further review of a nurse’s notes showed that the resident was found one night, wandering outside around midnight. The resident was confused about where they were. The resident left the facility again a few days later without anyone noticing. This time, the resident was found down the road and across the street. The nursing home’s courtesy officer used a golf cart to retrieve the resident. Even after these two instances, the resident’s care plan was not updated. There were no new interventions put in place to keep the resident safely inside the facility.
During an interview with the Director of Nursing (DON) and facility administrator, the DON confirmed nothing was done to keep the resident from leaving the facility. The DON also reviewed the resident’s care plan to see if they had a “wanderguard device.” Wandergaurd devices are used to support caregivers by triggering alarms or locking monitored doors from afar to keep residents from leaving. A device like this was not given to the resident until they had already left the facility two times.
Upon further investigation, the investigator discovered that the resident managed to leave the facility a third time, even with a wanderguard device. They were found right outside the gates on the sidewalk. After the resident was brought back to the facility, there was “no documentation that a new wandering/elopement assessment was performed and there were no new care plan interventions.”
During an interview, a CNA (Certified Nursing Assistant) was asked when she was last trained on elopement/wandering. She stated, “I don’t remember the exact date. It was a couple of weeks ago.” The investigator then asked why the CNA’s signature was on the sign-sheet attached to training information. The CNA said, “because they told me to.” She had not received any training before signing the form. The CNA stated she “usually does training from home but had not done any in a while.”
The facility in this citation didn’t follow through on several critical processes to keep a resident safe. Because of this, the resident wandered about the facility, ultimately leaving the nursing home. This put the resident at risk of getting lost completely or even getting hit by a car in traffic. In addition, even though the facility knew the resident was a high risk for eloping, they did not take the necessary steps toward updating and implementing a care plan. They also instructed a CNA to say she had completed a training on elopement behavior by signing a paper, when she really had not. These kinds of actions not only put the resident in this citation in danger, but all residents who are a high risk for eloping.
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.
from Joye Law Firm https://www.joyelawfirm.com/2020/08/nursing-home-cited-after-resident-elopes-three-times-from-facility/
via https://www.joyelawfirm.com
Prisma Health- Lila Doyle in Seneca, SC, has been cited after failing “to ensure resident rights related to choices in treatment,” and failing “to notify the physician and/or family timely of a change in [resident] condition.”
In the first instance of actual harm in this citation, a nurse ignored the resident’s refusal for use of a medication. According to the nurse’s notes, the nurse was explaining the process for inserting a Foley catheter to the resident. The resident told the nurse she was allergic to a medication the nurse was going to use. The nurse checked the physician’s progress notes and told the resident there was no record of her being allergic to this medicine. The nurse “inserted the Foley catheter using a sterile technique,” against the resident’s wishes.
In an interview with the resident, she shared “the nurse said [they] had to put the Foley in [because they] had an order” to do so. The resident told the interviewer, “I didn’t object to the Foley, just the [medication name] they were going to use. I had an allergy to it, so I told her [using it] was against my will.” However, the nurse continued to say they had doctor’s orders to use the medication so they had to, completely disregarding the resident’s concern. Failing to listen to the resident concerning her allergy resulted in great pain for the resident, lasting for days.
The resident told the interviewer, “After the medication was used and the Foley put in, I burned for days and felt like I was swollen in my vagina.”
In the second instance of actual harm in this citation, the nursing home facility did not notify a resident’s physician or family of a major decline in her condition in a timely manor. According to the nurse’s notes, the resident went from being “alert and able to voice needs” to “lethargic and responding to staff but was incontinent and refused breakfast and morning medications,” however no one had been notified. The resident’s family stopped by to visit on the third day and expressed concern about the resident’s condition. Only then did the nurse page the physician to notify them of the resident’s decline.
Further review of the resident’s records showed a SBAR (Situation/Background/Assessment/Request) Assessment Report dated the same day indicating “the resident had decreased consciousness as indicated by the signs/symptoms described as lethargic,” wouldn’t eat or wake up, and was incontinent. According to the report, the family had been notified at 11:00 AM, but the physician had not been notified until the family arrived and expressed concern at 11:22 AM.
The facility’s policy, “Notification of Change,” states that “the facility must immediately inform the resident, consult with the resident’s physician and if known, notify the resident’s legal representative of (sic) interested family member when there is a significant change in the resident’s physical, mental, or psychosocial status.”
The DON (Director of Nursing) later confirmed in an interview that the family had been notified right before they came to visit, and that the resident’s physician had been notified 22 minutes later. The DON did state that a medical professional, such as a NP (Nurse Practitioner) or physician should have been notified much earlier.
When nursing home facilities disregard procedures set in place to provide their residents with the best care possible, they often put their residents in direct danger, whether that be directly (abuse) or indirectly (neglect). In the first incident, staff failed to respect the resident’s rights which resulted in direct harm for that resident. In the second incident, staff failed to follow the facility’s policy and notify the resident’s physician in a timely manner of extreme decline in condition which resulted in indirect neglect. Had the physician been notified earlier, there may have been something more they could do for the patient.
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.
Pruitthealth in Moncks Corner, SC, was cited after the facility failed to review and revise the care plan for a resident who was known to put non-edibles in her mouth. This resulted in the resident trying to eat a vinyl glove, which got stuck in her throat. Nursing staff found the resident unresponsive and ultimately could not revive her.
According to the facility’s notes, the resident had “short-term and long-term memory problem[s] with impaired cognitive skills for daily decision-making.” The resident also suffered from dementia and “was known to eat napkins,” according to the Director of Nursing (DON). The investigator reviewed the resident’s care plan and noted there were no plans in place regarding the resident’s tendency to eat non-food items.
The day the incident occurred, a member of the resident’s family visited the resident at the facility. The Nursing Home Administrator (NHA) stated the family member fed the resident and was the last one to see the resident before she was found unresponsive by a CNA. Interviews with staff members revealed that the family member had worn vinyl gloves while assisting the resident with dinner; one glove was left next to the resident. An LPN had observed the glove sitting on a table next to the resident but did not remove it from the room.
When the CNA entered the resident’s room and noticed the resident wasn’t moving or breathing, she did a sternum rub but did not get a response. According to the CNA’s note, “vital signs were absent with no breath sounds and pupils fixed. Hospice notified of the change in the resident’s status.” The hospice nurse and facility nurse went to the resident’s room. The facility nurse decided the staff needed to check the resident’s mouth for any food that may be stuck in her throat.
Upon inspection, the nurses found “something sticking out of her throat and staff pulled it out of the resident’s throat and it was a vinyl glove.” According to the facility’s follow-up report, the facility was notified by the police that the preliminary cause of death was noted as Dementia and that it remained unclear whether the glove played any role in the death.”
Issues with the care this resident received ultimately cost the resident her life. One of the basic steps to caring for a resident is consistently reviewing and revising a resident’s care plan. This ensures all staff members know of and can respond to behavioral issues displayed by the resident. The resident in this citation was known to chew on cloth napkins. However, this information wasn’t documented. Therefore, staff members who were assigned the resident but weren’t familiar with her “impaired cognitive skills” had no idea they should remove non-edible items out of the resident’s reach.
In addition, the LPN who observed the glove sitting on the table near the resident did not remove it when she went by the room, even though she stated she “made sure that the staff knew the resident chewed on cloth dinner napkins and to keep things the resident could put in her mouth out of reach.” A nurse from a different unit was assigned to the resident that evening, meaning she was not familiar with the resident’s tendency to eat foreign objects.
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.
Because license and insurance requirements in South Carolina depend on the type of motor scooter you have, it’s important to know the differences before you hit the road, so you can avoid a hefty ticket.
What’s the Difference Between a Scooter, Moped, and Motorcycle?
In South Carolina, motorcycles and mopeds are both considered categories of motor scooters. Any scooter too powerful to be considered a moped is legally classified as a motorcycle. After an update to the legal code in November 2018, the legal definitions for a moped and motorcycle are as follows:
A moped has:
Between two and three wheels
An engine with less than 50 cc (combustion) OR between 750-1500 watts (electric)
A maximum speed of 30 mph
Automatic transmission
A motorcycle has:
Between two and three wheels
An engine with more than 50 cc (combustion) OR more than 1500 watts (electric)
A maximum speed over 30 mph
What License Do I Need for a Moped in South Carolina?
Mopeds don’t require a special license to operate so long as you already have a driver’s license. If you don’t have a driver’s license, you can apply for a special moped only (Class G) license, which unlike a motorcycle license, does not require a road skills test.
Mopeds do have to be registered with the state, but they do not have to be titled and do not require insurance.
South Carolina has a statewide speed limit for mopeds of 25 mph, and mopeds cannot be driven on public roads with posted speeds limits of 55 mph or above, which means most highways.
What License Do I Need for a Motorcycle in South Carolina?
South Carolina requires motorcyclists to obtain a special license (Class M) before riding on public roads – just holding a standard driver’s license isn’t enough.
Before applying for a motorcycle license, you will first need to apply for a permit, which allows you to ride unaccompanied during the day, or accompanied by someone with a full motorcycle license at night. Once you’ve held your permit for at least 180 days, you will be able to apply for a full license, which requires a road skills test.
If you already have a valid driver’s license, you may attempt to pass the motorcycle knowledge and road skills test in the same day without getting a permit first. If you pass, you will get a motorcycle endorsement added to your driver’s license.
Motorcycles must be registered and titled with the state. You are also required to get a motorcycle insurance policy.
The Exception to the License Rule
If you have a “trike” (three-wheeled motorcycle), you are not required to get a motorcycle license as long as you have a standard driver’s license. However, you still cannot ride a trike with only a moped license: you should have either a driver’s license or motorcycle license.
Injured in a Motorcycle or Moped Accident? We Can Help.
Because motorcycles and mopeds are much smaller than other vehicles, they often fall into other vehicles’ blind spots. Additionally, because mopeds are much slower than other vehicles, they have a harder time accelerating out of the path of other vehicles.
This means that motorcyclists and scooter riders are at a higher risk of being involved in an accident anytime they ride on public roads, but none of that excuses drivers from failing to pay attention and causing accidents when they collide with motorcyclists and scooter riders.
If you’ve been seriously injured while out on your bike or scooter because someone else was negligent, you deserve compensation. Contact our experienced South Carolina motorcycle accident attorneys today to talk about what we can do for you.
After suffering a work injury, things may feel like they’ve gone from bad to worse. Now, you’re contemplating quitting your job. Maybe it’s because you no longer feel safe or physically capable of handling the job. Or, it could be because your boss and others are going out of their way to make you feel uncomfortable. It could just be that you have a better job opportunity elsewhere. Whatever the reason, a lot of injured workers face this tough decision. But, will quitting your job impact any workers’ compensation benefits you may be owed? Do you have to just “tough it out” at the job until your claim is resolved?
Should I Stay with My Current Employer?
If you’re wondering what happens if you quit your job while you have a workers’ compensation claim in South Carolina, ideally, the answer should be nothing. That’s because your current employment status shouldn’t impact whether you are owed workers’ compensation benefits for an on-the-job accident that happened in the past.
However, it gets a little more complex than that. There are certain instances where quitting your job could impact your entitlement to certain workers’ compensation benefits.
This is true especially if you are receiving weekly disability benefits due to your work injuries. In many situations where an injured worker has been cleared by their doctor to return to work with physical restrictions, the employer will offer the employee a “light duty” job. If the offered light duty job complies with the treating doctor’s restrictions, that is a legal basis for terminating your weekly disability benefits. Of course, some employers are not in a position to offer light duty employment, especially smaller employers. However, we have seen several instances where an injured worker quit their job while getting weekly benefits and within a short period of time, the employer suddenly claims that they have light duty work available, giving them an argument to cut off your benefits.
Another situation where we caution our clients against quitting their jobs is when the injured worker’s injuries are so severe that he feels he will unlikely be able to find a job in the future. This would be the basis of a total and permanent disability claim, the most valuable claim under the South Carolina Workers’ Compensation Act. Again, if you quit your job before your workers’ comp claim is settled, expect the employer to contend that they could have found a position to accommodate your restrictions. This is often patently untrue but this claim is made to try to de-value the claim of a disabled worker.
When and How to Quit Your Job While on Workers’ Comp
There are some workers’ compensation benefits which should not be affected at all by your quitting your job, especially if you do so to take advantage of a better employment opportunity. This includes your entitlement to medical care. Your employment status should have zero impact on what medical care you need for your injuries. Also, if you claim at the end of your case is one for scheduled member disability (often commonly referred to as a claim for the degree of permanent impairment to the injured body parts), this claim should largely be free of any impact due to your employment status.
If you have an open workers’ comp claim, we suggest you speak to an experienced South Carolina workers’ compensation attorney before quitting your job. This is a complicated issue so it’s important to have someone on your side. Experienced attorneys, like the ones at Joye Law Firm, can help you protect your rights during a job change.
Workers’ Compensation Claims and Your Job Status
While you are free to change jobs at any time, there are a few mistakes which could wind up costing you. Here are some tips on what should you do, and how a move may impact your workers’ compensation case:
Don’t quit your job before you have another lined up.
Wait until your doctor says you’re at “maximum medical improvement” from your work injury before leaving the job unless you have an opportunity to accept a much better job.
Talk to an experienced South Carolina workers’ compensation attorney. There are very few situations that an experienced workers’ comp attorney hasn’t already encountered. One can help you navigate the process, while taking into consideration the unique circumstances of your particular situation and workers’ compensation claim.
Your Workers’ Comp Medical Benefits are “Portable”
One benefit of the workers’ compensation system to an injured worker is the payment of all medical expenses related to their work injury. Workers’ comp should cover everything from any necessary emergency medical care, hospitalization, surgery, prescriptions, over-the-counter medication, assistive devices, occupational and vocational rehab. Plus, workers’ comp may cover lifetime treatment and care for permanently disabled workers.
Regardless of where you choose to work after your injury, your employment status has no impact on your medical needs. Just because you leave your job, you should still be able to receive these crucial workers’ compensation medical benefits. That’s because your injury or illness occurred during your employment with your former employer. Therefore, they are responsible for the treatment of said injury or illness. Many workers are forced to leave jobs. That doesn’t mean that workers’ compensation gets off the hook for authorized medical care.
Now, just because your medical benefits are safe, there is some risk in leaving a job as has been outlined above.
That’s why it is best to wait after you have settled your workers’ compensation claim to quit your job unless you are leaving for a golden opportunity. However, real life doesn’t always happen that way. If you find yourself in an untenable situation at work while your workers’ compensation claim is still pending, do yourself a favor and call an experienced South Carolina workers’ compensation attorney for some advice. The worker’s compensation attorneys at Joye Law Firm offer free consultations. This will give you a chance to talk to an attorney and plot a course that best protects you and your family.
Remember, the last thing you want to do is settle your workers’ compensation claim prematurely. If you are in a rush to settle just so you can quit your job, you may end up leaving money – and important future benefits – on the table. Once a claim is settled, that’s it. You can’t go back to re-negotiate more benefits.
Your Employer and Workers’ Comp Wage Benefits
The other major component of workers’ compensation are the disability benefits paid to injured workers. These benefits replace a portion of your lost wages while you are injured and unable to return to work. In South Carolina, workers’ comp will pay two-thirds of your average weekly gross wages in disability benefits, with a capped maximum benefit. The maximum benefit for a 2020 claim is $866.67.
Your average weekly wage amount is calculated by taking the average amount your earned during the four quarters prior to the quarter of your injury, up to the maximum amount allowed by law. Each year, the South Carolina Workers’ Compensation Commission adjusts the maximum disability amount to the amount of the average weekly wage for all workers in the state during the preceding year.
Wage-replacement benefits depend on your work injury. You may be eligible for:
TTD or “Temporary Total Benefits”
TPD or “Temporary Partial Disability”
PPD or “Permanent Partial Disability”
PTD or “Permanent Total Disability”
As the names would suggest, these different benefits are paid to support injured workers, depending on the extent of the worker’s injuries and ability to return to work.
TTD are paid to support injured workers until they have recovered enough to return to work, either at full capacity or on light duty per a doctor’s order. Injured workers who return to work in limited capacity may be eligible for TPD benefits if their light duty earnings are less than their pre-accident average weekly wage.
PPD and PTD benefits are paid to workers at the end of their case. PPD benefits are based on the degree of “disability” (commonly referred to as an impairment recovery) to the injured body part. There are a host of factors considered in determining these awards but a key factor are the impairment ratings assigned by doctors who have evaluated the injured worker.
PTD benefits are paid to workers who would not have a reasonable expectation of finding any level of gainful employment due to their work injuries and restrictions.
Since temporary disability benefits are meant to end when the worker resumes working, this is where leaving your job could complicate your situation. If you quit your job, your now former employer could argue that they no longer owe you wages based on a claim that they could accommodate your physical limitations.
Quitting for a Lower-Paying Job while on Workers’ Comp
Quitting your current job to take a position that pays less could also create some complications. If you have to take new job because your injury prevents you from returning to your old job, you may be able to continue to receive the partial disability payment since you’re earning less due to your injury. A good workers’ compensation lawyer would argue that because your injury is still costing you money, you qualify for workers’ comp disability payments continuing. In fact, we would argue that by taking another job, you have actually helped the workers’ comp insurance carrier because otherwise, they might be obligated to pay your full disability benefit.
Do keep this in mind. IF you start working anywhere, it is very important that you notify your lawyer of this immediately. In a few instances, we have had clients who worked for a prolonged period of time for another employer (unbeknownst to us) while still receiving full workers’ comp weekly disability benefits. This not only created a huge credit or reimbursement amount owed to the insurance company but it can arguably be the basis of an insurance fraud claim against the injured worker.
If you find yourself unable to perform the duties of your new, lower-paying job because of the continuing effects of your on-the-job injury, you might be able to seek a reinstatement of your full disability benefits. However, this could become very complicated and will largely hinge on whether there is supportive medical evidence. We don’t recommend your making these important decisions without first seeking the advice of an experienced workers’ compensation attorney.
Consult a SC Workers’ Comp Attorney About Your Job Status
There is nothing simple about dealing with a work injury. The South Carolina workers’ compensation system is complex, and changing jobs in the middle of your claim can make your situation even more complicated. However, these things happen every day and everything is “figure-outable”. Be sure to talk with a lawyer experienced with S.C. workers’ compensation claims before making any big moves. A good workers’ compensation attorney can help you best protect the value of your workers’ compensation settlement and benefits.
A line item in the $1.5 trillion transportation and infrastructure bill passed by the U.S. House in July could lead to automation in cars to identify drivers who are intoxicated.
The provision requires the National Highway Traffic Safety Administration (NHTSA) to develop a rule within five years that requires advanced drunk driving prevention technology in all new cars, the Washington Examiner reported.
NHTSA and automakers are researching a Driver Alcohol Detection System for Safety (DADSS), which passively tests driver intoxication through breath or touch and does not require the driver to blow into a breathalyzer. If the technology detectsblood alcohol concentration (BAC) at or above the legal limit of 0.08 percent, it would prevent the car from moving.
“The federal government has been pumping tens of millions of dollars into research and development of the DADSS system, and bipartisan support has emerged for requiring car manufacturers to include it in new vehicles,” the Examiner says.
Whether the idea will come to fruition any time soon remains an open question. Politico says the House legislation “has little chance of being signed into law as written” due to opposition in the Senate. The Examiner report characterizes legislators as “inching toward” the mandate to require drunk driving technology in new cars.
UnderstandingModern Car Safety Technology
The NHTSA says new driver assistance technologies hold the potential to reduce the number of car accidents and save thousands of lives each year. Some systems are designed to warn the driver if they are at risk of a crash, while others are designed to take action to actively avoid a crash.
Car and Driver magazine points out that the number of driver assistance safety features available to car buyers has expanded quickly in recent years. This makes it easy to be confused about what is available and what is worth the added cost when buying a new vehicle.
Some of the more popular new safety features available are:
Forward collision warning, which detects a potential collision and provides a warning to the driver.
Automatic emergency braking, which applies brakes automatically when a forward collision is imminent.
Blind-spot monitor, which alerts the driver to other vehicles that might be in the driver’s blind sport or hidden by the car’s roof pillars.
Lane departure warning, which alerts drivers when they drift out of their lanes without a turn signal.
Driver-attention monitor, which monitors the car’s movements and volume of steering corrections to determine whether the driver is paying attention to the road or maybe tired or texting. It alerts the driver.
How WillNew Car Technology Stop Drunk Driving?
The recently passed House infrastructure bill would call on the NHTSA to work with automakers to require installing the drunk driver detection technology in new cars, the Examiner says.
Currently, engine interlock systems placed in vehicles owned by drivers convicted of drunk driving require an operator to breathe into the device for the car to start. If the device detects alcohol, it will stop the car from starting.
The DADSS breath-based system under development is designed to unobtrusively analyze alcohol in the person’s breath when he or she is in the driver’s seat. It will be designed to take instantaneous readings as the driver breathes normally and to distinguish between the driver’s breath and any passengers’ breath.
The DADSS touch-based system would measure blood alcohol levels under the skin’s surface by shining an infrared-light through the fingertip of the driver. More specifically, it detects the blood alcohol content in the driver’s capillaries. It will be integrated into current vehicle controls, such as the start button or steering wheel, and take multiple readings.
Once a system has met performance standards, it will be voluntarily offered as a safety option in new vehicles, the DADSS Program says. Currently, the DADSS project envisions that some manufacturers will begin offering the ambient-air-based system as an option as early as 2025.
Alcohol has been a factor in 30 percent of U.S. roadway deaths every year for the past decade, the IIHS says. Meanwhile, police arrest about 1 million people a year for alcohol-impaired driving.
Charles Farmer, IIHS vice president of research and statistical services and the author of the study, says if alcohol-detection systems were required for all new vehicles beginning this year, some lives would be saved immediately. However, it would be 12 years before the systems became common enough among all cars on the road to save 4,596 lives a year — less than half their potential.
In a 2009 survey of U.S. drivers, nearly two-thirds of the respondents said they would support the installation of similar systems in all vehicles, as long as they were fast, accurate, and unobtrusive, the IIHS says.
However, the Examiner report says the American Beverage Institute (ABI), which represents over 8,000 restaurants, opposes the DADSS Program. The technology can’t accurately measure a driver’s blood alcohol content as it metabolizes, so the DADSS system is likely to be set for measurements as low as .03 or .04, the ABI contends.
Call Joye Law Firm at 888-324-3100 or fill out our free online case evaluation form. We have drunk driving lawyers in North Charleston, Columbia, Clinton, and Myrtle Beach.
from Joye Law Firm https://www.joyelawfirm.com/2020/08/congress-considers-mandating-new-car-technology-to-prevent-drunk-driving/
via https://www.joyelawfirm.com
Many workers may be hesitant to file a workers’ compensation claim after an injury on the job, incorrectly assuming only certain high-risk industries or serious and disfiguring injuries qualify.
The truth is that any injury or illness received while performing work duties that prevents an employee from working qualifies for workers’ compensation. Healthcare workers are one of the groups of workers most likely to suffer a qualifying injury, which may include:
Infections from patients
Exposure to hazardous materials, including chemicals and radiation
Muscle sprains and strains from moving, lifting, and transporting patients
Attacks by patients or family members of patients
According to the Occupational Safety and Health Administration (OSHA), hospitals record more work-related injuries and illnesses that cause employees to miss work each year than either construction or manufacturing.
The organization further found that 24% of nurses change shifts or take sick leave to recover from an unreported injury, and 8 out of 10 nurses say they frequently work with musculoskeletal pain.
Nurses are so often focused only on patient care, they can ignore, or be encouraged by employers to ignore, their own injuries. However, as a healthcare worker, you should file a workers’ compensation claim for the sake of your own health, as well as the betterment of your hospital and patients.
Top Four Reasons for Nurses to File Workers’ Compensation Claims
The average cost per nurse injury claim in 2011 (the most recent year for which data is available) was $15,860. Without filing a claim, nurses may be covering those expenses out of pocket.
Nurses who are fatigued or stressed due to injuries and illnesses have a higher risk of causing medication errors and patient infections (potentially leading to malpractice lawsuits).
When nurses struggle or are unable to move patients due to stress injuries, they put the patients at further risk of injury or of developing bed sores.
Patient satisfaction rates are higher in hospitals where staff are not dissatisfied with their health benefits, burnt out from overwork, or working through injuries.
How Joye Law Firm Helps Injured Nurses
It’s unfortunate that nearly half of all workers’ compensation claims are initially denied, and the healthcare industry in particular is known for ignoring employee injuries and pushing back against workers’ compensation claims.
However, don’t let fear of a rejection discourage you from making a workers’ compensation claim after an injury on the job. State law forbids employers from retaliating against employees who file workers’ compensation claims. Furthermore, when you work with the experienced healthcare workers’ compensation attorneys at Joye Law Firm, we can help increase your claim’s chances of success, or help you receive a successful appeal against a denied claim.
Nurses deserve the same care and consideration towards their injuries as they provide their own patients. Contact us today about your case, and let us get to work for you.
Many of our workers’ compensation clients call us after they receive a letter telling them their workers’ comp claim has been denied. If your claim has been denied, don’t just take the insurance company’s word for it. News flash – insurance companies love to say “no” when it comes to paying benefits. Our law firm has recovered hundreds of thousands of dollars for injured workers whose claims were denied before they hired us.
Initial claim denials are not at all unusual. Filing a request for a hearing before a South Carolina Workers’ Compensation Commission commissioner is typically the next action step when we feel a claim has been wrongfully denied. The hearing gives us an opportunity to present supportive medical evidence and other testimony to prove your entitlement to benefits. Often times, the insurance company agrees to accept a previously denied claim due to the pressure of an approaching hearing.
With over 125 years of combined experience representing injured workers, our workers’ compensation lawyers are well-qualified to help you develop a compelling case for benefits.
Why You Should Request a Workers’ Comp Claim Hearing
If you receive a denial letter from the workers’ compensation insurance company, it may explain why your workers’ comp claim has been denied. Three of the most common reasons claims are denied include:
Whether you were injured while on the job
The severity of your injury
Issues with your claim application itself
Each of these defenses can be overcome with proper preparation for a hearing.
To assert a claim for benefits, you will need to request a hearing, which is done by filing a Form 50 with the Workers’ Compensation Commission. The form requires you to summarize your accident, injuries, lost time from work, wages, medical needs and more. It also asks you to state an estimated time needed for a hearing.
As your workers’ comp attorneys, Joye Law Firm can file a Form 50 hearing request on your behalf and prepare for the hearing.
Opening Positions at a Workers Comp Claim Hearing
A hearing in front of a South Carolina workers’ compensation commissioner essentially works like a quick, informal trial. Ultimately, your claim will only be successful if you can persuade the commissioner that the initial denial of benefits was made in error. This usually requires presenting supplemental evidence. For example, you might need a second medical opinion to provide additional evidence.
Before the hearing, your employer’s workers’ compensation insurer’s lawyer will usually take a deposition of you. This is a sworn statement about your case. It gives the defense an idea of what you intend to claim at the hearing. We will prepare you for the deposition and be present when it takes place.
A couple of weeks before the hearing, we will submit several documents to the commissioner about the case we intend to present. This includes the Form 58 Pre-Hearing Brief, a list of witnesses and other evidence we plan to present, and the actual exhibits (such as medical records) we intend to submit.
Before the hearing starts, lawyers for both sides and the hearing commissioner will meet privately to quickly review the issues in question. The hearing will begin with your lawyer presenting an very brief opening statement as to why you deserve benefits, followed by the other side stating why they believe your claim should be turned down.
The commissioner will then review the facts that both sides agree to so each lawyer can state their agreement for the record.
The Crux of Your Workers’ Comp Claim: Documented Evidence
Once opening statements have been completed at a workers’ comp hearing, each side will present its evidence to the commissioner.
Most evidence for a workers’ compensation claim is documented – accident reports, employment records and medical records. In almost every case, the medical evidence is the most important evidence. Therefore, evidence packets must be compiled and presented by both sides to the commissioner. They are known as “APAs” for the state law governing workers’ comp procedures, the Administrative Procedures Act (A.P.A.).
To demonstrate your eligibility for benefits, the contents of your evidence packet must establish that you were injured while performing an activity related to your job. Further, it needs to show that you needed medical care for your injury and whether your injuries have prevented you from working.
You will be called to testify about your injuries and how they occurred. In many cases, the injured worker is the only witness who testifies at a hearing. However, in denied cases, both sides may have other witnesses who will testify about the facts of your work accident. Your doctors rarely testify at a workers’ comp hearing as the A.P.A. allows their records to come into evidence. In some cases, depositions of doctors are submitted as evidence.
As your lawyers, we will prepare you to testify. We cannot tell you what to say, but we will lead you through the questions we intend to ask, and explain the important facts that it is crucial that you talk about in your testimony. Essentially, we will ask you to tell your story:
What your job is
What you were doing when you were hurt
How you were injured
The initial medical care and diagnosis you received, including orders to not return to work
That you notified your employer that you had been injured and you were advised to stay out of work
Medical care you have received in the time since your injury
Physical limitations you are experiencing due to your injury
How your injury has adversely affected your ability to perform your job, as well as other activities in your life.
After you testify, the defense lawyer can cross-examine you. We will have prepared you for the defense’s likely questions. He or she will most likely attempt to get you to contradict your testimony or other evidence you have submitted. If your testimony at the hearing is inconsistent with your prior deposition testimony, the defense lawyer will almost always focus on that. (This is why it is crucial that you are properly prepared prior to your deposition.)
If the defense has witnesses, they present them after your side rests its case. Your lawyers will be able to cross-examine them.
Once all testimony has been provided, the commissioner will then review all of the evidence and render a decision in writing. Commissioners rarely make a decision from the bench. This makes sense as there is no way the commissioner can review all of the medical evidence while listening to the witnesses’ testimony. Most commissioners advise the parties of their decision within a few weeks of the hearing but in some cases, it could be a number of months before you are advised of the outcome. (This can vary widely from commissioner to commissioner. Based on our ample experience handling South Carolina work injury claims, we can give you some idea of what to expect in terms of how long it will take your assigned commissioner to make a decision).
How Has COVID-19 Affected Workers’ Comp Hearings?
Due to coronavirus concerns, the S.C. Workers’ Compensation Commission has adopted COVID-19 protocols for hearings, which include requiring face masks, using hand sanitizer and maintaining a social distance of 6 feet between participants. We have been very impressed with the commission’s efforts to keep the workers’ compensation system functioning as fully as possible given the concerns about the coronavirus. Ken Harrell, our law firm’s managing partner, has been one of four South Carolina lawyers who has met (via Zoom) with the chairman of the Workers’ Compensation Commission on a bi-weekly basis since the pandemic started in the U.S. to discuss best procedures for the commission and all parties to these claims.
If you prefer not to have an in-person hearing, you may request an electronic hearing using Court Call. The request must be agreed upon by all parties and approved by the jurisdictional commissioner.
Anyone who has experienced symptoms associated with COVID-19 or who has been in close contact with someone who has a confirmed COVID-19 infection within 14 days of the hearing should immediately notify their attorney or the jurisdictional commissioner so safety precautions can be implemented.
We would ask that you please contact Joye Law with any COVID-19 concerns regarding a workers’ comp hearing and let us assist you.
Contact Our South Carolina Workers’ Compensation Attorneys
As you can see, careful preparation is absolutely essential to a successful workers’ comp hearing in South Carolina. Knowing what to expect is just one part of preparation; the other is having an experienced team of lawyers on your side. You have the legal right to fight a denied workers’ compensation claim, but it requires know-how and preparation to actually win these cases. Our workers’ compensation lawyers have fought for injured workers in South Carolina for over 50 years.
To learn more about what our workers’ comp attorneys at Joye Law Firm can do for you, please call us at 888-324-3100 or fill out this online case evaluation form to schedule your free initial case evaluation. Our firm has offices in Charleston, Myrtle Beach, Columbia and Clinton, and we represent injured workers throughout the state of South Carolina.
If you have been injured at work in South Carolina, you are likely entitled to financial protection through the workers’ compensation system. This system allows injured workers to recover money for medical expenses, lost wages, and disability benefits, even if your employer didn’t do anything to cause the workplace accident that resulted in the injury.
On-the-job injuries are common – nearly 2.9 million were reported in a single recent year, according to the Bureau of Labor Statistics. These injuries range from relatively minor sprains and strains to more serious health issues.
The laws for claiming and collecting workers’ compensation in South Carolina are complex and require the injured worker to follow certain rules and meet strict deadlines. It is best to get help from a qualified lawyer to help ensure you get all the benefits you deserve.
If you have been injured on the job, here are the six things you should do:
Report Your Injury To Your Employer
Although you have 90 days to report your work injury to your employer prior to a complete bar from receiving help for the same, you should report it as soon as possible. “Many workers do not want to report an injury to an employer in the hopes that it will get better without any medical treatment. However, if time passes and they injury becomes worse, then the reporting issue can become a big problem when you do need help from your employer. It is better to get a report done as soon as you are injured to protect yourself.” Matt Jackson, Head attorney for Joye Law Firm’s workers’ compensation department.
Get Medical Help
Preferably from a doctor of your employer’s choosing. “You should ask your employer to send you to their workers’ compensation doctor. If they refuse you should seek treatment on your own. Matt Jackson, Head Attorney for Joye Law Firms workers’ compensation department. Going to the doctor should always be your first priority after a workplace accident. You will also need medical records to document your injury. Even if you think your injury doesn’t need medical attention, go anyway. Problems can creep up later on, or a doctor may notice something you haven’t yet.
Tell Your Doctor Everything About Your Accident And Injury
Your doctor wants to take care of you and make you better. But the doctor can’t do that if you don’t detail all your symptoms and how the workplace accident occurred. If your workplace injury aggravated a pre-existing condition, make sure to tell the doctor about the prior condition. Having a pre-existing condition does not mean you can’t qualify for workers’ compensation. “It is a major problem when a doctor only focuses on the worst medical issue and does not document all of the medical issues you are having from an injury. Make a list and make certain that every injury or aggravation of any underlying pre-existing condition is documented in writing with the doctor from the very first visit. Also, be persistent in getting treatment for all of your injuries or issues related to the workers’ compensation claim.” Matt Jackson, Lead Attorney for Joye Law Firm’s workers’ compensation division.
Get Help From A Qualified Workplace Injury Lawyer
Workers’ compensation laws are complex and the filing process has important deadlines. Consulting with a South Carolina workers’ compensation attorney will help you through the process and make sure all documents are complete and submitted in a timely manner so you can get all of the compensation you deserve under the law.
Keep Appointments And Follow Doctor’s Orders
Under workers’ compensation laws, your employer typically has the right to select your treating doctor. The doctor may order certain operations, medications or other treatments. The doctor may also order a reduced work schedule or other changes. It’s an important part of the process to follow all of the doctors’ orders. If you disagree with the treatment plan, you may be able to seek a second opinion. Once a course of treatment is agreed upon, you should follow through with the steps you are supposed to take, including taking all medications and going to all follow-up appointments.
According to the 2017-2018 APPA National Pet Owners Survey, 67% of U.S. households own a pet, and approximately 60.2 million homes own a dog. Since 1988 pet ownership has risen 56% in 1988. Unfortunately, the number of dog bites has also risen.
In the United States, there are approximately 4.5 million dog bites that occur throughout the United States each year, and of those bites, 800,000 victims require medical care. The United States population is approximately 330 million people. This equates to approximately 2,400 dog attacks resulting in injury every day across the United States. 1 out of every 70 people experience a dog bite every year. On a local level, according to the South Carolina Department and Environmental Control (“DHEC”), from 2010 to August 2014 there were 74,433 “dog exposures.”
As a new father, the most troubling statistic is that of the reported attacks a majority of the victims are children under the age of 12. In sum, children are the most common victims of dog bites and are far more likely to be severely injured.
South Carolina Law
In South Carolina dog bite/dog attack liability is controlled by both common law principles of negligence and by statute. We adopted the English common law (also known as judicial precedent or judge-made law) legal system just after the formation of the thirteen colonies. It wasn’t until 1986 that the South Carolina legislature enacted code specifically addressing dog bites/attacks. See, South Carolina Code Section 47-3-110. Liability for attacks by dogs. This legislation changed the law of this state and with respect to dog bite liability and made South Carolina a strict liability state, with limited exception.
SC Code Ann. 47-3-110 reads in relevant part “the owner of the dog orother person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked…” Since the enactment of 47-3-110, South Carolina courts have interpreted the statute to mean that a dog owner is liable for his or her dog even when the dog is no longer in its control or keeping at the time of the incident – a dog owner is strictly liable if its dog bites an innocent victim. However, the law does not create liability for a dog owner if a dog bite victim is (1) an unlawful trespasser, or (2) if the dog bite was provoked by the victim.
Liability and Insurance
Generally, homeowners and renters insurance policies offer dog bite liability coverage, unless of course, the policy contains a dog bite exclusion, which is becoming very common. In our practice, when there is available dog bite coverage we typically see policies with $100,000 to $500,000, and commercial coverage equal to $1,000,000. However, if the value of a claim exceeds the liability limits of insurance the dog owner will be personally responsible for all damages that exceed liability coverage.
All dog owners should review their homeowners and/or renters’ insurance policies to make sure they have adequate coverage. This should be done on an annual basis. Doing so will ensure there are funds available to help innocent victims obtain necessary medical care, and protect the financial future the dog owner.Even if you don’t own a home you may obtain Pet Insurance. As of July 23, 2020, Progressive Insurance is advertising pet insurance for as little as $1.00/day. Here.
What Should I Do If I’m Bitten or Attacked by a Dog?
Wash the Wound and Seek Medical Care.
The CDC advises all dog bite victims to immediately wash wounds with soap and water and to seek medical attention.
If you have suffered a dog bite or an attack by a domestic animal, please report the incident to the South Carolina Department of Health and Environmental Control, or your regional DHEC Environmental Health Services Office. Reporting a dog bite or animal attack is important for three reasons. First, if you have been bitten or attacked by a dog South Carolina law requires you to report the attack within 24 hours. Dog bites and any animal (mammal) bite occurring within this state must be reported pursuant to S.C. Code Sec. 47-5-90. The law also requires every physician who treats a victim of a dog bite or attack to report the incident to the county health department or DHEC.
Secondly, reporting the event will result in a DHEC and/or law enforcement investigation into the incident to discover if the animal has a communicable decease, such as rabies. The animal will undergo a quarantine period after which DHEC will inform the injured party if the animal does carry a disease so that appropriate medical treatment may be sought by the victim.
Thirdly, reporting every dog bite or attack will create a paper trail, which will allow DHEC and local authorities to take appropriate action, if necessary, to protect other innocent people from suffering a similar attack.
Conclusion
For the above-reasons, dog bites and animal attacks are a relevant legal topic, a cause for growing concern, and likely to become an increasingly talked about subject in South Carolina. Due to the breadth of case law regarding dog bites and attacks this discussion did not encompass every aspect of this tort, nor the interplay between common law and strict liability. Please feel free to contact us if you have any questions, or you feel that you may have a cause of action associated with a dog or animal attack. Milt Stratos is an experienced Joye Law Firm litigation attorney who has obtained numerous six-figure settlements on behalf of South Carolina dog bite victims.
Pruitthealth-Blythewood in Columbia, SC, has been cited after state investigators found that the facility failed to “provide appropriate pressure ulcer care and prevent new ulcers from developing.”
In this situation, a knee immobilizer was applied due to a knee fracture. The immobilizer was left in place for several weeks which caused an easily preventable pressure ulcer to form on the patient’s Achilles tendon.
Review of medical records showed that an immobilizer brace was applied because of a knee injury sustained in June. Despite having orders to remove the immobilizer brace once every shift from June and September, the brace was left in place for several weeks, against doctor’s orders.
According to nurse’s notes from June, the nursing home staff had orders to remove the immobilizer every shift to check that the resident’s skin wasn’t irritated in any way, however, there was no documentation showing that this had been done.
The Physician’s Renewals from September showed orders for staff to “place soft boot material to [the resident’s] left Achilles post dressing change to prevent friction, rubbing, and promote comfort and place underneath leg immobility brace.” However, even after a second order to do so, no documentation was found that suggested that the immobilizer had been removed, or that the resident’s skin was checked every shift as ordered.
Furthermore, the CNA Bath Report only showed documentation for one day in October, which suggests this was the only day the immobilizer had been removed and the resident had been bathed.
The facility coordinator “verified [that] staff failed to removed the immobilizer daily for general care and this caused the pressure ulcer to develop.” Had the facility’s staff followed orders to remove the brace every day for general care instead of leaving it in place for several weeks, the resident would not have developed a pressure ulcer.
In addition to failure to provide general care to prevent pressure ulcers from developing, Pruitthealth-Blythewood was also cited for:
– Failing to provide care and assistance for a resident who is unable
– One resident was left unshaven for several days, had long dirty fingernails, and was not offered assistance with brushing his teeth. Staff did not follow lift procedures during a transfer, putting this resident in danger. This resident also only had documentation for 3 showers in 3 months.
– Three residents were in need of assistance with activities of daily living (ADL) and had no documentation of weekly care.
– Failing to provide appropriate treatment and care according to orders, resident’s preferences and goals
– A resident in need of assistance was not provided positioning assistance by staff.
– Another resident was not assisted out of bed for four of five days.
– Failing to post nurse staffing information every day
– The facility did not post nursing staffing information in a way that was readily available to the public and all residents. The postings also were not complete or accurate.
– Failing to procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards
– The facility failed to prepare, distribute, and serve food under sanitary conditions, having the potential to affect all 116 residents. Kitchen staff did not wear hair restraints, kitchen equipment was not properly cleaned, and foods were not being kept at the proper temperatures until served. The facility did not have a dietary manager to make sure standards were being met.
All of these cited deficiencies put vulnerable residents at risk. It is important that nursing home staff follow orders and procedures to provide residents quality care.
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.
