Do I Need Reflectors on My Bike If I Have Lights?

Because bicycles often share the road with vehicles, it can be very dangerous for bicyclists when drivers are distracted or not paying attention, especially in low light conditions when it may be harder to see bicyclists.

Part of being a safety-conscious biker is having reflectors or lights on your bike to make yourself more visible. In fact, in all states in the U.S., you are legally required to have both lights and reflectors on your bike in most circumstances.

The Need for Bike Reflectors in South Carolina

Federal law requires every new bicycle to come equipped with reflectors, but older bikes may not have them, and some owners remove the reflectors from their bikes.

While it is legal to remove the reflectors from your bike and ride without them in daylight, it is illegal to ride a bike without reflectors in low light. Low light can mean anything from dusk and dawn to full dark, or even just reduced visibility during fog, rain, and other weather conditions. This means that in many cases, you will need reflectors, so it’s better to leave them on.

The legally required reflectors are:

• Clear front reflector
• Red rear reflector
• Clear or amber pedal reflectors
• Clear or amber front wheel reflector
• Clear or red rear wheel reflector

If you are injured in a collision with a car and didn’t have reflectors on your bike, it’s highly likely you may be considered at least partially at fault.

Furthermore, lights cannot replace reflectors. Even if you have lights on your bike, you still need reflectors.

The Need for Bike Lights in South Carolina

Reflectors are often not enough to make yourself visible, because they don’t produce their own light. That’s why it’s a smart idea to supplement your reflectors with lights.

However, at least one light is also legally required. You need a white front light with a beam that extends at least 500 feet. Many cyclists also choose to add a rear light to their bikes. This rear light is not legally required, but if you do want to add a rear light, the law states that it must be red.

Lights not only make it easier for other vehicles to see you, they can also help illuminate potholes, loose gravel, and other road hazards that may cause you to crash.

If you are in a collision and do not have a front light, you may be ticketed or be at risk of being considered at fault.

While lights cannot replace reflectors, there are some bike lights that double as reflectors. If you have a combination light/reflector, you do not need both a light and a separate reflector on the front of your bike.

Additional Ways to Make Yourself More Visible on a Bike

Most drivers’ brains are trained to only watch out for other vehicles when driving, so they may miss smaller obstacles in their path, including motorcyclists, bicyclists, and pedestrians.

This means that in addition to reflectors and lights, you should  make every effort to be visible to drivers when you are riding your bike, such as:

• Wear brightly colored clothing or a reflective vest when you ride.
• Wear reflective ankle straps or place reflective tape on your shoes, especially when biking at night (the movement of the reflectors as you pedal will attract the eyes of drivers more easily).
• Instead of a steady rear light, use a blinking rear light on your bike.
• Signal your direction and intentions with your arms.
  • Left arm extended straight out means you are turning left.
  • Left arm extended up with the elbow at a 90-degree angle, OR right arm extended straight out both mean you are turning right.
  • Left arm extended downward means you are slowing or stopping.

We Help Injured Bicyclists When They’re Injured in Collisions

Bicycle accidents often result in serious injuries for bikers, especially when they are the result of a collision with a distracted driver.

South Carolina law protects the rights of bicyclists to safely share the road with other vehicles and their drivers. When drivers violate this law by not maintaining a safe distance from cyclists, harassing cyclists, or otherwise making conditions unsafe for cyclists, they can be held accountable for injuries and damages.

If you or someone you love has been injured in a bicycle crash that was caused by someone else, contact our South Carolina bicycle attorneys today. We want to fight for you.

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Ways You Can Support Someone Recovering from a Serious Injury

Thousands of people in South Carolina suffer serious injuries every year in motor-vehicle crashes, slip-and-fall injuries, medical malpractice, defective products, and other kinds of accidents. Motor-vehicle accidents alone claimed 1,006 lives and left about 3,200 people with serious injuries in a single year, according to the South Carolina Department of Public Safety.

Major accidents can leave people in excruciating pain, cause mental health issues such as depression, and make it difficult for victims to take part in activities they used to enjoy. In other words, they disrupt people’s lives.

It’s important for the family and friends of accident victims to be as supportive as possible in these situations. Not everyone knows what to do to lend support. That’s why the South Carolina personal injury lawyers at the Joye Law Firm put together this list of ways you can help if someone close to you has suffered a serious injury.

Listen to Them

For many people who’ve sustained a serious injury, just having someone to talk to and listen to their story can be a source of great comfort. A person struggling to recover from a serious injury may feel stressed, frustrated, anxious, and overwhelmed.

This is especially true for patients who have been in a hospital or undergoing rehabilitation for a long period. If someone has been going through treatment for injuries for a number of months, they may be frustrated or impatient with the slow pace of progress and want someone to talk to about what they’re going through.

The most important thing to remember when it comes to talking to accident victims is to focus on their needs. Pay attention to what they’re saying and how they’re feeling. Watch their body language. If they want to talk about the accident and the progress they’re making, that is fine. But an injured person may not want to dwell on the accident. They may want to talk about something else to take their mind off their injuries. Resist the urge to offer unsolicited advice. While well-intended, it may come across wrong. If the injured person seems uncomfortable with whatever you are talking about, find another topic of conversation.

Here are a few tips for how to be a good, supportive listener:

• Show interest in their general well-being
• Remind them that they’re not alone.
• Consider what they may need and offer to help them with everyday household tasks if that’s what they want.
• Tell them that while you may not be able to fully understand what they’ve been through, you’re always available to listen to them.
• Keep in mind that recovering from a traumatic injury takes time.

Help with Research

There’s a lot of work involved in recovering from a serious accident. That work often requires extensive research. You can make things a lot easier for someone who has suffered a serious injury by helping them with their research.

For example, you can help them understand how to file an insurance claim, which types of auto insurance and health insurance they have that they can use to cover their medical expenses, and what paperwork they’ll need to complete as part of the claims process.

The medical system and insurance are complicated to navigate. Patients need to make informed decisions about the care they receive, but that can be difficult if they don’t have a full understanding of their injuries and their potential treatment options. Assisting accident victims by going through vetted, reliable medical resources is an excellent way to lend a hand.

Help The Accident Victim Navigate the Medical System

The health insurance system can become overwhelming to someone who is seriously injured. This can lead to denied authorization of certain types of medical treatment and accident victims feeling trapped and helpless.

Here are a few specific ways you can help someone who has suffered a serious injury navigate the medical system:

• Dealing with insurance – Depending on the type of health insurance someone has, he or she may need approval before seeing certain medical specialists or undergoing certain procedures. To minimize the chance of any time-consuming bureaucratic mistakes, you can review your loved one’s health insurance policy to help them see the right doctors, get prior authorizations when needed, get the medication they need, and stay on track with their prescribed treatment regimen. You can help your loved one understand the limits of their insurance coverage and estimate what their out-of-pocket expenses may be so they can plan accordingly.
• Transportation to appointments – A serious injury can leave someone unable to drive or use other transportation to get to medical appointments. Driving your loved ones to the doctor’s office or the hospital will make their lives easier.
• Keeping track of medications – Depending on the nature and extent of their injuries, accident victims may be prescribed several medications at once, all with different schedules and dosages to keep track of. Coming up with a system to manage all these medications will help accident victims stay on course with their treatment plan and make sure the medications are taken as directed.

Build a Care Plan

The recovery process after a serious injury can be lengthy, costly, and a bit overwhelming. To give your family member or friend the best chance at a full recovery, help them write down a comprehensive treatment plan.

Include the names of their doctors and the various facilities where they’ll be receiving treatment, the schedule and dosage levels for any medications, the time of their different treatment appointments, an overall timeline for the recovery process, and so on.

Be as detailed as possible while acknowledging that plans can change depending on any number of factors.

Manage Stress

Recovering from an injury can be very stressful.  However, caring for a loved one who is recovering can be very stressful, too.  Feeling anxious, overwhelmed or even a little resentful is not uncommon amongst caregivers. That’s why it is important to find healthy ways to reduce your stress.

While you are focusing on someone else’s needs, you can’t forget about your own.  Your loved one will be depending on your support.  So, it is important to have the physical and emotional where with all that will be needed.

Many local and online resources are available to help support caregivers and help you navigate this difficult time.

Find a Personal Injury Lawyer

Some things you can’t fix on your own.  If your family member or loved one has sustained a serious injury in South Carolina caused by someone else, he or she deserves to understand their legal rights. Seeking compensation to pay medical bills and ease financial stress may be part of the process of moving forward after a serious injury. The compassionate attorneys at Joye Law Firm are here to help. We can review your injury and discuss your legal options. If your case is the type that we handle, we will offer to represent you on a contingency fee basis. You won’t owe us a legal fee unless we secure compensation for you.

Our personal injury team at Joye Law Firm is ready to start work on your case immediately. Get a free case review by calling our office, visiting our contact page, or talking to us via live chat.

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Understanding the Total Cost of an Injury

A recent report in a safety publication for employers points out that much of the cost of a worker’s job-site injury is indirect and often hidden. These costs are out-of-pocket for the employer, while the direct costs of an employee’s injury are typically covered by their workers’ compensation insurance company, which pays benefits to the injured worker.

Safety consultant Rick Barker uses the iceberg analogy in his article “Understanding the Total Cost of an Injury” for EHS Today. “The iceberg image conveys two important aspects about the types of costs,” he writes. “The more obvious point is that some costs are visible but accompanied by less visible costs. The iceberg image also conveys that more of the costs are hidden below the surface than are visible above it.”

Barker says that if safety managers could convey the total cost of worker injuries to key decision-makers, then workplace safety programs might get more attention, and, presumably, fewer workers would be injured.

We all support the idea of safer workplaces and fewer workplace injuries. As South Carolina workers’ compensation lawyers, our attorneys at Joye Law Firm have fought for injured workers for more than 50 years. We have seen many lives disrupted by preventable accidents and sought to help injured people rebuild their lives. We believe the iceberg analogy also applies to injured workers, as we’ll discuss below.

Direct Costs of a Workplace Injury

The direct or visible costs of a worker’s injury suffered on the job include:

• Medical treatment costs for the injured worker. This is the primary benefit of most workers’ comp claims. Once an injury suffered while on the job has put the employee out of work for seven days, in South Carolina, workers’ compensation is to pay for all medical costs related to the occupational injury.

The EHS article says that where employers provide onsite health services, some costs of medical treatment after an accident may be hidden costs absorbed by the company.

The article also points out that “despite the legal and financial responsibility of the employer, some costs may fall to the employee.” This occurs too often because injured workers do not understand that 100% of medical costs are covered by insurance. Injured workers covered by workers’ comp should not have to pay out of pocket for medical expenses related to a workplace injury.

• Wages for time lost by the injured worker. Workers’ compensation pays the injured worker about two-thirds of their average weekly pay while they are disabled.

• Disability settlements with an injured worker. In cases of permanent disability from a workplace injury, a workers’ compensation claim may end in a lump-sum settlement instead of weekly benefits for a defined period. This is a decision the worker and his or her family should consider carefully so that the tax consequences and other factors of the workers’ comp settlement are understood.

• Case management expenses. This is a company administrative cost, which will vary according to the type of workers’ comp insurance held (general policy, third-party administrator, or self-insured).

Indirect Costs of Workplace Injuries

The indirect or hidden costs of a workplace injury are numerous. They revolve around the fact that the company has lost an employee due to injury, at least temporarily and possibly permanently. Remember, the focus of the article is to inspire employers to be more safety-minded, so they do not lose employees to preventable accidents.

With an injured employee is forced off the job for medical care and recuperation, a company faces indirect costs from:

• Training costs. For the time of both the trainer and the person assigned to sub for the injured worker.
• Hiring costs. A new hire may be necessary. The more skills required of the injured person’s job, the higher the cost of replacing them.
• Overtime. If the workload is redistributed to cover for the absent worker, others will likely work more hours.
• Equipment damage or downtime. Damage to equipment may have resulted from the injury-causing accident. Equipment damaged in an accident will remain down while the accident is investigated.
• Investigation and documentation. Time-consuming work after an accident must be undertaken by employees who have other job duties.
• Lost productivity. The loss of productivity can vary dramatically, but there is almost always some after an accident and injury, EHS Today says. Disruptions that are serious enough can cut into revenue or threaten contracts if deadlines are missed.
• Loss of goodwill or reputation. A series of accidents and injuries can cause a drop in employee morale, which may lead in turn to lost productivity or more accidents. A series of incidents may become public and “could interfere with the goal of being an employer of choice in your area. This, in turn, could result in increased hiring costs for every position,” the article states.

It adds up quickly. An OSHA cost estimator cited in the article, which is part of the federal agency’s “$afety Pays” program, uses the average costs of selectable injuries and illnesses, a company’s profit margin, and an indirect cost multiplier to project the number of sales a company would need to generate to cover losses from a workplace injury.

The iceberg analogy used above to discuss the hidden costs of workplace accidents to businesses also applies to accident victims in many other instances, too. An injured person’s medical needs and expenses from a serious injury may not be obvious to the victim at first. In some cases, a third party (not the employer) may have contributed to the accident and have financial liability. An insurance company may offer a settlement that sounds big, but in fact, would not cover the injured workers’ losses. It’s part of our job as experienced injury lawyers to help identify all the present and futures accident-related costs and losses that our client will face and seek the full compensation available for law.

Get Help from a Workers’ Compensation Attorney

Workplace accidents can lead to serious injuries even in workplaces that pay attention to safety. If you’ve been injured while on the job, a workers’ compensation attorney from Joye Law can help make sure you receive all the benefits you are due, under South Carolina law.

Phone us at 888-324-3100 or contact us online from anywhere in South Carolina for a free review of your claim. Our goal is to have a positive impact on the lives of people who seek our help. We will not charge you any legal fee unless we recover money for you.

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S.C. Bill Would Expand Benefits to First Responders Who Suffer Job-Related Mental Illness

A bill that would allow South Carolina’s 11,000+ firefighters, volunteer firefighters, and members of law enforcement to receive workers’ compensation if they are diagnosed with a mental or stress-related illness has received strong support in the House. But the legislation has not advanced in the state Senate and the 2021 legislative session is heading toward a close.

The bill, H. 3939, was passed by the House in late April and sent to the Senate. It resides in the Senate Committee on Judiciary. The bill is not on the latest Senate calendar.

Our workers’ compensation lawyers at Joye Law Firm are on the side of first responders. We recognize the critical role that first responders serve in protecting public safety and handling emergency situations. We proudly represent first responders who have been injured on the job and have disputed workers’ comp claims.  We are ready to help you seek all the benefits available by law.

Legislation Would Expand Mental Health Benefits for First Responders

As news station WJBF reported, if the bill is approved, first responders in South Carolina could be eligible for worker’s compensation if they are diagnosed with any of the following conditions:

• Anxiety disorder
• Conduct disorder
• Depression
• Obsessive-compulsive disorder
• Sleep-wake disorder
• Post-traumatic stress disorder (PTSD).

Bills similar to H. 3939 designed to expand the mental health benefits for first responders have been introduced repeatedly since 2015.

When a 2019 version of the bill failed, South Carolina Sen. Marlon Kimpson told ABC News 4 in Charleston that opposition to the bill is driven by insurance companies, which are ultimately responsible for workers’ compensation payments.

South Carolina’s current laws state that in order for workers’ compensation to cover mental injuries, post-traumatic stress, and mental illness suffered in the line of duty, the mental injury must be a side effect of a physical injury. Otherwise, the first responder must demonstrate that the anxiety, stress, or mental injury was caused by “extraordinary and unusual conditions” on the job compared to the normal conditions of the particular employment. The bar is very high to qualify for workers’ compensation benefits for anxiety or stress under the current law.

Common Mental Health Issues that First Responders Face

The amount of stress first responders face as part of their jobs can hardly be overstated. First responders provide help in emergency situations to individuals who have been injured or are in peril. The responsibilities of law enforcement include confronting and arresting individuals suspected of criminal activity.

First responders include:

• Police officers, sheriff’s deputies, and state and federal law enforcement personnel
• EMTs and paramedics
• Firefighters
• Emergency dispatchers
• Military health care workers.

Workers in these occupations regularly risk harm to themselves to protect the public. From 2011 to 2015, 838 emergency responders died from fatal occupational injuries, according to the U.S. Bureau of Labor Statistics.

“First responders are usually the first on the scene to face challenging, dangerous, and draining situations,” a 2018 report from the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) says. “They are also the first to reach out to disaster survivors and provide emotional and physical support to them. These duties, although essential to the entire community, are strenuous to first responders and, with time, put them at an increased risk of trauma.”

According to SAMHSA, 30 percent of first responders develop behavioral health conditions including depression and PTSD, as compared with 20 percent in the general population.

A white paper commissioned by the Ruderman Family Foundation found that police officers and firefighters are more likely to die by suicide than in the line of duty. The same study found that PTSD and depression can be almost five times as prevalent among firefighters and police officers as the general public. Even when suicide does not occur, untreated mental illness can lead to poor physical health and impaired decision-making.

The SAMHSA study says first responders reported a host of functional and relational mental  health conditions caused by the pace of their work and the lack of time to recover between traumatic events. These include:

• Depression
• Stress symptoms and post-traumatic stress symptoms
• Thoughts of suicide/suicide attempts
• Substance abuse
• Fatigue symptoms
• Obsessive-compulsive symptoms
• Secondary or vicarious victimization.

How Joye Law Firm Can Help First Responders in South Carolina

The South Carolina Workers’ Compensation Act says if a covered employee suffers “injury by accident arising out of and in the course of employment,” that employee is entitled to recover medical expenses, compensation for lost work time, and permanent disability benefits if he/she suffered any permanent injury as a result of the work accident.

The workers’ compensation attorneys at Joye Law Firm can help injured emergency responders in South Carolina understand their rights to workers’ compensation benefits and pursue those benefits after a work-related injury. We help clients develop initial claims for benefits or to appeal denied claims.

To develop the evidence needed to obtain benefits, we would review incident reports from the first responder’s department to establish the incident(s) believed to have precipitated their mental health issues and compare it to other service calls. It is very likely that unusual or extraordinary incidents would stand out.

While a workers’ comp claimant must see a doctor their employer provides, the injured worker is not prohibited from obtaining a second opinion, which could be used as evidence in an appeal. If necessary, we can refer clients to mental health care providers who understand the S.C. workers’ compensation system.

Our workers’ compensation lawyers at Joye Law Firm are on the side of first responders and are ready to help you obtain all the benefits available by law to assist you with your work-related injury.

Contact Our First Responders Workers’ Comp Lawyers

The South Carolina workers’ compensation lawyers of Joye Law Firm will fight for first responders to receive the benefits they need and deserve for medical bills, lost earnings, disabling injuries, and more. If they have been denied benefits, we will work tirelessly to see that the decision is overturned.

Contact Joye Law Firm if you are a first responder in South Carolina who has been off of the job because of a mental or physical injury including PTSD that is job-related. An initial legal consultation to review your case is free and confidential.

Joye Law Firm has offices in Charleston, Columbia, Myrtle Beach, and Clinton and accepts cases from across South Carolina. Schedule your free legal consultation by calling 888-324-3100 or reaching out online today.

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Why You Should Never Let Fido Sit on Your Lap While Driving

Many pet owners choose not to confine their pets in crates whenever they bring them into their cars. In fact, while 84% of pet owners have driven with their dogs in their cars, only 16% use any form of pet restraint system.

But while you may not see any harm in letting Fido hang his head out the window or sit quietly in the back seat, unrestrained pets can significantly increase your risk of a crash as well as increase the risk of injury to both you and your dog.

Dogs Are a Major Source of Driver Distraction

More than half of dog owners will take their hands off the wheel to pet their dogs if they’re in their cars with them, according to data collected by AAA. This should be the first indicator of how distracting dogs can be.

Unrestrained dogs will also often try to sit on their owners’ laps, which can make it harder to control their vehicles for a number of reasons, including:

• Blocking the view out the window
• Jostling the steering wheel
• Requiring the driver to take their hands off the wheel to steady the dog
• Moving the gear shift
• Jumping into the footwell and blocking the brake and accelerator

Even dogs who are not allowed in the front seat can be a source of distraction by crying, vomiting, pawing at their owners from the back seat, or trying to jump into the front seat, all of which can cause their owners to take their hands off the wheel and eyes off the road.

In a study conducted among pet owners by Volvo, researchers discovered that when their dogs were with them in their cars, drivers spent more than twice as much time distracted, made more than twice as many driving errors, and were more stressed (as evidenced by a higher heart rate) than when their animals weren’t in their vehicles.

It’s Also More Dangerous for Your Dog

Although it’s not always necessary or possible to avoid bringing your dog in your car, it’s important for your safety, the safety of your dog, and the safety of other drivers to keep your dog properly restrained the entire time it’s in your vehicle.

Seatbelts protect people from being thrown around the cabin of their cars or thrown through a window in a crash, but unrestrained dogs don’t have any similar protection. The force of a crash can easily throw a dog, usually harming them and others in the car.

When driving at just 30 MPH, a 10lbs. dog sent flying in a crash creates the same amount of force as being struck by a 500lbs. object. At that same speed, an 80lbs. dog will hit with 2,400 lbs. of force.

Dogs riding in the front seat can also easily be killed by the airbags deploying, which are designed for adult humans (this is the same reason why small children shouldn’t ride in the front seat).

After a crash, a dog may panic and escape the vehicle, putting it at risk of being struck by passing traffic. Or, it may become aggressive, especially if it was injured, and try to attack emergency responders.

Outside of a crash, your dog can also be injured by debris kicked up by the tires of the vehicle ahead of you when it sticks its head out the window. Some dogs may also try to jump out of the window if given the opportunity, which can cause crashes when other drivers swerve to avoid them.

How to Safely Restrain a Pet in the Car

The simplest way to safely restrain your dog when in the car is to use a pet crate or carrier. However, there are many manufacturers of pet restraint systems that you may also choose to consider, such as harnesses that can be buckled into your vehicle’s seatbelt buckle, or dividers that can be placed between the front and back seats or cargo area and rear seats.

Joye Law Firm Helps Victims of Car Accidents

When your accident isn’t your fault, you are going to have a lot of medical bills, and a lot of stress, especially if your beloved pet was also injured or even killed.

We stand firm against insurance companies who try to deny injury victims the compensation they need to recover from their crashes. Contact our South Carolina car accident lawyers today for a free consultation.

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Pre-Existing Conditions Don’t Automatically Disqualify You From Compensation

One of the most common reasons why we hear why personal injury claims are denied or victims are hesitant to even pursue personal injury claims is because they have a pre-existing condition. However, if you were injured by someone else’s negligence, you can get compensation even if you have a pre-existing condition.

Insurers cannot deny injury claims when an accident makes an existing injury worse, or if the accident causes a new injury, even if the existing injury contributed to the new injury.

Get Compensation for Your Aggravated Injury

While insurance companies are not required to provide compensation for pre-existing injuries that their policy holders did not cause, if their policy holder causes an accident that aggravates your pre-existing condition (meaning, makes it worse), they are required to compensate you for the treatment of the aggravation.

For example, consider the case of an imaginary woman named Stacy. Stacy had previously injured her knee playing softball. The injury was manageable and didn’t affect her life too much, although she couldn’t run the bases as fast as before. But after slipping and falling on a wet floor in a store where no warning sign had been posted, Stacy now walks with a limp and her doctor tells her she needs surgery.

The store’s insurance company argues that Stacy’s knee is a pre-existing condition, and it’s not their responsibility to pay for her knee surgery. However, while it is true that Stacy’s knee was already injured, it is also undeniable that Stacy’s injury is now worse than it used to be (she never limped before the fall in the store).

South Carolina law states that it doesn’t matter that Stacy had a weak knee that was more susceptible to injury before she fell. The only thing that matters is that she can prove she was injured because she fell, and she fell because of the store owner’s negligence.

You Still Need a Lawyer If You Have a Pre-Existing Condition

Fighting to get compensation after an injury on your own is difficult in the best of situations, but when you have a pre-existing injury, it becomes much more difficult. While the insurance company can’t deny you compensation just because you have a pre-existing condition if you have a new or aggravated injury, they can still reduce the amount of compensation you can get.

This is because they are only required to treat the aggravation, not the entire injury. If you don’t have an experienced lawyer fighting for you, the insurance company will try to justify paying as little as possible. An experienced personal injury attorney can help prove that most of the pain you are suffering would not have happened—and the treatment you require would not be needed—if it wasn’t for the at-fault party’s negligence.

Our South Carolina Personal Injury Lawyers Can Help

At Joye Law Firm, we believe that you should never be forced to pay out-of-pocket for an injury that only happened because of someone else’s negligence, and that remains true even when you have a pre-existing condition. Our firm has experience working with injury victims who also suffered from pre-existing conditions, and we know how to prove that your injuries are both serious and new. Contact us today for a free case review to see how we can help you.

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Do Shipping Workers Qualify for Workers’ Comp?

Nearly every state, including South Carolina, has workers’ compensation laws requiring most employers to provide compensation for medical expenses and wages when their employers are injured at work or while performing work duties. However, one group of workers that is excluded from workers’ compensation benefits is those involved with the shipping industry.

The shipping industry is a major source of employment in South Carolina, which could make this fact alarming. However, shipping workers are only excluded from workers’ compensation because they are already protected under other laws.

Offshore Workers

Injured workers who qualify as seamen are protected under the Jones Act.

To qualify as a seaman, the worker must spend at least 30% of his or her time on a navigable vessel, meaning one that is capable of moving under its own power and in navigable waters. For example, while being tied up at dock counts, drydock does not. The worker must also contribute to the work of the vessel.

While workers protected by workers’ compensation laws do not need to prove that their employers’ negligence caused their injuries, workers protected by the Jones Act do. However, they do not need to prove that their employers knew about the dangerous condition that caused their injuries, only that the dangerous conditions existed.

Examples of causes of injuries could be:

• Providing inadequate training or enforcing of safety rules
• Providing improper or faulty equipment
• Hiring unqualified crewmembers
• Failing to maintain the vessel to safe standards

Under the Jones Act, injured seamen can get compensation for “maintenance and cure.” Essentially, they should receive compensation for the cost of living–including for groceries, their rent or mortgage payment, utilities, and so on–as well as for all medical treatment costs until they are as recovered as they can expect to become.

Waterfront Workers

Just about all other workers who work on or near the water but not on it, such as dock workers, and who are not protected by workers’ compensation laws, are protected by the Longshore and Harbor Workers’ Compensation Act (LHWCA). To qualify, their work must contribute directly to the water or marine transport. So someone who loads and unloads a ship or transports shipping containers would qualify but someone who does clerical work for a shipping company would not.

Under the LHWCA, injured workers can receive 2/3rds of their salary while recovering, and all medical treatment deemed necessary, which can include transportation costs to receive medical treatment and even vocational training if they can’t return to their previous work.

Maritime Work Is Dangerous; Make Sure You Know Your Rights

Workers’ compensation laws, the Jones Act, and the Longshore and Harbor Workers’ Compensation Act all exist to protect our nation’s workers, but they can’t work unless we know what rights we are entitled to and unless we exert those rights.

If you or a family member has been injured while working in the South Carolina shipping industry, you are likely eligible for compensation, and you deserve to get it. Speak to our team of South Carolina maritime accident lawyers today to learn how you might be qualified to receive benefits for your injuries and lost wages.

We’d be pleased to discuss your situation with you to make sure you file for the appropriate benefits and get everything you need and are entitled to. And at Joye Law Firm, your initial consultation is always free.

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5 Ways To Support Someone Recovering From a Serious Injury

Every year, thousands of South Carolinians are injured in motor vehicle accidents, falls, and other serious accidents. Traumatic injuries are painful and physically debilitating. They also can adversely affect a person’s ability to hold a job, provide for themselves and loved ones, and enjoy their usual quality of life.

If your loved one is recuperating after a serious injury, experiencing pain and unable to work, he or she may be going through one of life’s most difficult ordeals. You may make a real difference in your loved one’s recovery by providing understanding support. Learn about specific ways you can help an injured loved one.

If you have questions about how you or a loved one can move forward following a devastating accident, contact the compassionate legal team at Joye Law Firm. We’ll take the time to understand your needs and review your legal options to regain control of your life. Our attorneys’ goal is to make a positive difference if the lives of the people who turn to us for help. Whether that involves pursuing an injury claim on your behalf or simply answering your questions and providing some guidance at no charge, we’re ready to assist.

Understanding Life-Changing Injuries and How They Can Affect Us

A life-changing injury is any serious injury that has a long-term or permanent impact on someone’s quality of life. People who suffer life-changing injuries typically face lifelong medical issues, serious disabilities, reduced life expectancy, and expensive recoveries.

The negative effects of a life-changing injury can be hard to bear. Coping with substantial physical pain, limited mobility, financial stress, and other losses can feel isolating and hopeless. Compassionate support from friends and loved ones is an important aspect of recovery after a serious injury.

How Can I Support Someone Recovering From a Serious Injury?

Many people will need some help after a serious injury. If your loved one suffered a traumatic injury, you may find yourself wanting to help but uncertain about what you can actually do to support them in their recovery.

The good news is that there are many simple ways you can help your loved one look out for their physical and psychological well-being. We’ll discuss five key tips for supporting someone you love after a serious injury.

Reassure them with emotional support

Suffering a serious injury can be frightening and sometimes even life-altering. The psychological and emotional toll of a traumatic injury can be just as challenging as the physical aftermath. It is important to provide emotional support to loved ones after a serious injury.

One of the best ways to offer emotional support is to simply be a good listener. Allow your loved one the space to express their emotions and work through their feelings. Avoid making them feel rushed when facing decisions or pushing them to “get over it.”

Do your best to create a safe and calm environment for your loved one where he or she feels supported and free to heal at their own pace.

Help them manage their doctor’s appointments

Navigating the healthcare system can be a challenge even when we are healthy. Managing a calendar full of appointments after a serious injury can feel totally overwhelming. Being an advocate and second pair of ears for your loved one as they attend important follow-up medical appointments can be a lifesaver.

People who suffer serious injuries may be under a physician’s care for a long time. It’s easy to miss an appointment. By assisting your injured loved one in coordinating, scheduling, and traveling to the appointments, you can help them access the care they need to recover as quickly as possible.

It can be helpful to offer your assistance with simple tasks, such as attending appointments with your loved one or writing down home care instructions from their care team.

Make sure they don’t overdo it

Getting sufficient rest is an essential part of recovery from a serious injury, but it’s not as easy as it sounds. Some injured people get impatient and try to be too active too quickly. That can set back their recovery.

Keeping up with simple household tasks can be an exhausting ordeal for an injured person. You can ease your loved one’s burdens by proactively helping them around their home. Taking care of the dishes, cooking, cleaning, and assisting them with bathing or getting dressed upon request can all be extremely helpful.

People may take a while to come to terms with their physical limitations after a serious injury. This is especially true if the injury compromised their ability to live independently.

Help your loved one adjust to diet and lifestyle changes

Serious injuries often have far-reaching effects on a person’s life. In many cases, severely injured people are forced to limit their physical activity, which can have negative physical and psychological consequences.

You can help your loved one adjust to these changes and maintain their general well-being by working with them to develop a healthy eating and exercise plan. Monitoring an injured person’s caloric intake and making wholesome changes to their diet can help them avoid excessive weight gain, which can adversely affect their health.

Helping your loved one keep to a regular schedule of low-impact exercise based on recommendations from a physical rehabilitation specialist can reduce muscle loss, build strength, and improve overall mood.

Make sure your loved one keeps up with their medications

Prescribed medications are an important part of recovery for many people with serious injuries. If a patient is supposed to take a number of medications at different intervals throughout the day, it may be difficult for the person to remember, organize, or order refills of the medications according to schedule.

You can help your loved one by assisting them with their prescriptions. This may include helping them organize pills into a pill reminder, applying topical treatments, and dispensing medications according to their doctor’s orders.

Before you try to help your loved one with their medications or treatment schedule, make sure you have discussed their care with a medical professional so you understand your loved one’s needs.

Need a Case Evaluation? Contact a Serious Injury Lawyer Today

If your loved one was injured as a result of someone else’s negligence, another way you can assist is by helping them understand their legal options and selecting the right personal injury lawyer. When you search for legal representation in South Carolina, look for attorneys with a wide range of experience, stellar client reviews, and a history of favorable case results.

At Joye Law Firm, our attorneys have been serving victims of serious injuries for more than 50 years. We are deeply familiar with South Carolina law, and our attorneys will pursue every possible avenue to help you recover every dollar you’re owed after an accident caused by someone else’s negligence.

To discuss whether your injuries entitle you to pursue a personal injury claim, speak with a knowledgeable and compassionate lawyer at Joye Law Firm. Call us at 888-324-3100 or contact us online for a free consultation.

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The Dangers of Aggressive Driving

Aggressive driving is unsafe behavior that puts everyone sharing South Carolina roads at risk and leads to serious accidents. Aggressive driving involves deliberate acts such as speeding, tailgating, weaving lanes, running red lights, blocking other cars, and making rude gestures. When drivers become aggressive behind the wheel, they show disregard for the safety of others.

Millions of drivers engage in aggressive driving each year, according to the AAA Foundation for Traffic Safety. When aggressive driving causes accidents, the drivers should be held accountable.

Our dedicated injury attorneys at Joye Law Firm have represented many people harmed by aggressive drivers. If you have been injured in a collision caused by an aggressive driver in South Carolina, we’d like to hear from you. You may be entitled to compensation for your medical bills and other losses.

Why Do People Drive Aggressively?

There are many factors that may contribute to road rage or aggressive driving, including:

• Personality – According to data from the Society for Risk Analysis, people with certain personality types are more prone to aggressive driving. Those with impulsive, angry personalities engage in aggressive driving behavior more often.
• Intense emotions – When people are overwhelmed by strong emotions like anger or frustration, they are more likely to drive in an aggressive manner.
• Environmental factors – In some cases, environmental factors such as traffic congestion, heat, or a long commute can lead to aggressive driving.
• Drugs or alcohol – If a person is intoxicated by alcohol, their normal inhibitions may be impaired, making aggressive behaviors more likely. Certain drugs, such as stimulants, hallucinogens, or steroids, can also make users more aggressive.

Aggressive Driving in South Carolina

Aggressive driving is certainly a problem in South Carolina. Reckless driving is considered a misdemeanor criminal offense, and several other behaviors that are commonly associated with aggressive driving are illegal.

Under South Carolina law, reckless driving is defined as driving with “willful or wanton” disregard for the safety of other people or their property. Unsafe driving behaviors that qualify as reckless include racing on public streets or passing others in no-passing zones. Penalties for reckless driving charges can include points against your license, fines, license suspension, and even jail time.

Other aggressive driving behaviors that are against the law in South Carolina include things like speeding, tailgating, and lane weaving.

What to Do Around Aggressive Drivers

The chances are that if you spend much time driving in South Carolina, then you will encounter some drivers behaving aggressively from time to time.

If you end up sharing the road with an aggressive driver, you can take the following steps to stay safe:

• Do not attempt to confront the aggressive driver.
• Try to avoid driving near the aggressive driver.
• Avoid making eye contact with the aggressive driver.
• Ignore any gestures or attempted verbal communication from the driver.
• Call 911 or *47 (*HP) in South Carolina as soon as it is safe to do so and report the aggressive driver, noting the vehicle make and model, color, license plate, and direction of travel, if possible.
• If you witness an accident caused by an aggressive driver, pull over to a safe location nearby and provide a witness statement to the police.

Types of Aggressive Driving

Aggressive driving refers to dangerous behaviors that put everyone on the road at risk. Common types of aggressive driving behaviors include:

• Exceeding posted speed limits or driving too fast for conditions
• Unsafe passing, such as passing on blind curves
• Illegal passing, such as crossing a double yellow line to pass
• Failure to yield the right of way to pedestrians, cyclists, or other motorists
• Running red lights, stop signs, or other traffic control devices
• Tailgating or following others too closely in traffic
• Weaving in and out of traffic or driving along road shoulders
• Street racing
• Cutting in front of other vehicles too closely
• Passing a school bus while it is stopped

Dangers of Aggressive Driving

Aggressive driving is associated with a significant number of motor vehicle accidents and accident-related injuries and deaths. In most cases, the consequences of aggressive driving accidents are entirely preventable.

In some cases, aggressive driving behaviors can lead to road rage, which involves intentionally violent driving acts. Some drivers with road rage may go so far as to use their vehicles to strike other motorists or attempt to run another vehicle off the road. These frightening behaviors can lead to serious and sometimes fatal accidents.

What We Can Do About Aggressive Driving

On an individual level, you can do your part to curb aggressive driving accidents by:

• Taking a deep breath – If you are in a stressful traffic situation or start to feel angry with another driver, it can help to take a few calming breaths. Deep, regular breathing can lower your heart rate, clear your head, and help you relax.
• Keeping in mind that other drivers are people, too – When you’re isolated in your own vehicle, it can be easy to forget the humanity of other drivers around you. Do your best to remember that others on the road have lives of their own and everyone makes mistakes.
• Resisting the urge to retaliate – Many aggressive driving incidents occur as a result of unnecessary escalation. If a driver is behaving irresponsibly on the road, don’t stoop to their level by retaliating and escalating the situation.

Contact an Aggressive Driving Accident Lawyer Today

If you were injured in a South Carolina aggressive driving accident, you may be entitled to seek compensation for your losses. The attorneys at Joye Law Firm are ready to help. With more than 50 years of experience and millions of dollars in compensation secured for our clients, we know what it takes to help you build a persuasive case for compensation injuries caused by an aggressive driver.

To learn more about how we can help you hold an aggressive driver accountable and seek the money you need to get back on your feet, contact us today for a free initial consultation.

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