Who is Liable if My Child is Injured by Another Child at School?

When someone is injured because of someone else, they can file a personal injury lawsuit to get financial compensation for their injuries, pain, and distress. But the situation becomes more complicated when a minor is involved, and even more so when a minor injures another minor, whether by accident or intentionally.

When both minors were supposed to be under the supervision of a teacher, playground monitor, or coach, it just adds another layer of complication to the problem, which can be made further complicated depending on whether it happened at a public or a private school.

To determine if you can get compensation after your child is injured by another child at school, and who can be held liable, you should speak to an experienced attorney. At Joye Law Firm, our case consultations are always free with no obligation to hire.

That said, this blog will go over a few of the main points to keep in mind about child injuries and liability.

The Parents of the Child Who Caused the Injury

Whether or not parents can be held liable for injuries their child causes to another student may depend on whether it was an accident or intentional, such as in the case of bullying.

In the case of “malicious or willful” harm, parents can be held liable for their children’s actions. However, the amount of compensation parents can be forced to pay when their child deliberately causes injury or property damage is limited to just $5,000 under South Carolina law.

Furthermore, parents can only be forced to pay economic damages, also known as actual damages. In this circumstance, a victim’s family could only recover the cost of their medical expenses up to $5,000, and they can’t sue the other child’s parents for added compensation for pain and suffering.

Parents might also be responsible for their child’s actions under common law if they had reason to believe that their child was dangerous, such as a past history of harming others, but didn’t take action to curb their child’s harmful activities and the child then went on to injure another child.

The Child Who Caused the Injury

Children, especially very young children, generally can’t be held liable for injuries or damage they cause because, in the eyes of the law, someone must be aware that what they were doing was reckless or negligent. And it’s commonly accepted that children can’t be held to the same standard of understanding that an adult can.

Exceptions can be made for older children, such as high school students, who could be expected to understand that what they were doing would or could cause harm to another student.

Minors can also be held jointly liable alongside their parents if the minor would have been considered liable if they had been an adult at the time of the incident.

Because minors usually do not have any or much money of their own, it makes more sense to get compensation from another source after an injury. However, when an injured child’s parents pursue a claim against a minor, it might be possible for them to get compensation from the minor’s parents’ renters or homeowners insurance policy.

The School Where the Injury Occurred

Schools have a legal responsibility to provide a safe environment for students. However, in most cases, whether parents of an injured child harmed by another student can pursue compensation from the school or a school worker depends on whether it happened at a public school or a private school.

South Carolina public schools and public school employees are generally protected from liability, even when there was negligence. This is because public schools are considered governmental bodies, and state laws protect the government from being sued in most circumstances except for gross negligence. That doesn’t mean you can never sue a public school, but it does make it harder.

However, the same isn’t true for private schools, which can be sued normally like you would a negligent business.

Examples of when a school might be held liable for failing to prevent a student from harming another student include:

• Failing to prevent bullying or assault, but only if they were aware that it was taking place or could have predicted it would happen (for example, a student had made threats against another student before the assault)
• Providing inadequate supervision to prevent intentional or unintentional injuries (for example, playground monitors failing to stop a child from throwing rocks)
• Failing to stop sexual harassment when it deprives the victim of equal access to educational activities or programs under Title IX

Each child injury case is unique, and there is no exact checklist that will tell you whether or not your child’s case meets the requirements to be able to successfully hold the school accountable. Speaking to a lawyer about your claim could help determine your eligibility for compensation.

When Things Get Tough, Call Joye Law Firm

One of the most stressful experiences in life is knowing your child was injured, that it was someone else’s fault, and you don’t know how to or whether you even can hold them accountable.

At Joye Law Firm, we make it our mission to help injury victims and their families get the help they need so they can simply focus on their recovery, while we focus on getting them the compensation and justice they need to put their lives right again.

If your child was injured through the intentional or unintentional actions of another student, call our firm today to discuss your next steps.

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Why You Need Renters Insurance

Many apartment complexes require residents to purchase renters insurance in order to live there. However, unlike car insurance, renters insurance may be contractually required but it isn’t legally required. There’s no law that says you need to purchase it, so many people, when given the option, choose not to do so in order to save money on their monthly budget. In fact, 37% of renters go without, according to the Insurance Information Institute.

However, there are several very good reasons why you should purchase renters insurance, which we’ll go over today.

Renters Insurance Protects Your Property

Many people may believe they don’t need to purchase renters insurance because they are protected under their landlord’s insurance. This may be true for the building you live in, but it doesn’t apply to your personal belongings.

You may also believe that you don’t own anything valuable enough to be worth insuring, and while that may be true for any single item, the entirely of your belongings is likely a completely different story.

When combining the total cost of furniture, clothing, kitchen items, and personal electronics such as phones, laptops, televisions, gaming systems, and so on, renters insurance provider Allstate estimates that the average two-bedroom apartment in the U.S. contains roughly $30,000 worth of belongings.

If your apartment or rental home was damaged in a fire, the landlord’s insurance would only pay to repair their property, i.e., the building. Meanwhile, without renters insurance, you would be personally responsible for replacing everything you own. With renters insurance, you will receive compensation for your damaged property as well as money to put you up in a hotel, and usually food and transportation expenses as well, until your home is habitable again or you find a new place to live.

Most renters insurance policies also cover burglary, even if your belongings weren’t stolen from your home. For instance, if your laptop was stolen from your car or at a café, it may be covered under your renters insurance policy.

Many renters insurance policies will even pay the replacement value for your items rather than their actual value. This means that you would receive the $1,000 it would take to buy a new couch and not just the $100 your couch was worth after 10 years of use.

Renters Insurance Protects You From Personal Liability

If you are willing to take the risk on your personal property, then the more important reason to purchase renters insurance is that it can prevent you from being sued if someone is injured in your home.

At Joye Law Firm, we deal with many cases where people are accidentally injured when slipping and falling not only in stores and other businesses, but also in private residences. When this occurs, your injured visitor will need compensation to cover their medical expenses, and when you have renters insurance, this compensation will come from the insurance company rather than your bank account.

Renters insurance can also protect you from personal liability if your dog bites someone, even if it happened at the park and not at home. Roughly 4.5 million people are bitten by dogs each year in the U.S., according to the American Pet Products Association, and about 885,000 of those bites require medical attention. If your dog bites someone and seriously injures them, you may end up on the hook for their medical bills and lost wages if you didn’t purchase renters insurance.

In fact, a joint survey between the Insurance Information Institute and State Farm discovered that one-third of all homeowners insurance claims are made as a result of dog bites, and the average claim came out to roughly $35,000.

Renters Insurance Is Inexpensive

One of the main reasons people choose not to purchase renters insurance is because they believe it’s too expensive, but renters insurance is actually far more affordable than a homeowners insurance policy.

In fact, the average cost for renters insurance in North Charleston is just $23 per month! When considering the $30,000 or more it may cost you to recover from an apartment fire or pay the medical bills of someone who was injured in your home, it’s well worth the price.

So, how much coverage do you need? Most insurance companies recommend purchasing enough coverage to match the value of your belongings, plus $100,000 of personal liability in case someone files an injury claim or lawsuit against you.

Joye Law Firm Is Here to Help

If you are dealing with a premises liability case, the South Carolina premises liability lawyers at Joye Law Firm can help. We can negotiate with your insurance company on your behalf regarding your claim, help protect your rights, and get you the full amount you are owed.  Contact us today for a free, no-obligation case review to get started.

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The Hidden Danger of Big Pickup Trucks

Have you noticed that pickup trucks are getting bigger? It’s hard not to notice their size when a mega truck is blocking your line of sight. Since 2000, the hood height of full-sized trucks has grown by 11 percent, while vehicle weights have increased by almost 1,300 pounds on average, according to an analysis by Consumer Reports researchers. Many consumers have gravitated to these supersized pickups as a lifestyle choice.

Pickup trucks account for about one in five of all new vehicle sales today. Big pickup trucks such as the Ford F-Series, Chevrolet Silverado, Ram 1500, and Nissan Titan are popular. But big pickup trucks also pose certain dangers to others on the road, especially to pedestrians and drivers of smaller vehicles.

At Joye Law Firm, we’ve seen firsthand the serious injuries a vehicle occupant or pedestrian can suffer in an accident with a large pickup. For more than 50 years, our attorneys have worked to protect the rights and interests of injured victims across South Carolina and to advocate for a safer community. Our legal team has a track record of securing successful results on behalf of our clients.

When you need skilled legal representation to help with an accident claim, our attorneys are ready to assist you. Joye Law Firm has offices in Summerville, Charleston, Columbia, Clinton, and Myrtle Beach to serve you. Learn how Joye Law Firm may be able to help you hold accountable the driver of a big pickup truck who injured you.

Contact us today for a free case review.

The Market Wants Bigger

Although full-size trucks have always been popular among construction workers and craftsmen for the utility they can provide on the job, many consumers are purchasing full-sized trucks as a personal style choice. Consumers cite the practicality of pickup trucks, their rugged styling, and the feeling of safety that such a large vehicle provides passengers.

The growing consumer demand for big pickup trucks has been accompanied by growth in the size of the vehicles. Manufacturers understandably feel pressure to compete with one another to offer consumers the biggest, toughest, most rugged-looking truck on the market.

Deadly Dimensions

The growing dimensions and weights of full-sized pickup trucks have served to increase the danger to others on the road. For example, the hood of a Jeep Gladiator sits 45.5 inches high, while the hood of the Ford F-250 reaches 55 inches off the ground.

This means that the hood of many full-size trucks sits higher than the roofs of many passenger vehicles and the hood is taller than most young children.

In addition, the weight of full-size trucks now regularly exceeds 4,000 pounds. That means that even in a low-speed accident, a full-size truck can impart a much greater force upon impact.

Blind Spots

The growing dimensions of big pickup trucks have also resulted in an increase in the size of the blind spots of these vehicles. Because of their height and hood length, full-size pickup trucks can have front blind spots between seven and 11 feet longer than sedans or SUVs, according to Consumer Reports.

This means an increased risk of the driver a full-size pickup driver not being able to see a pedestrian, vehicle, or other objects in front of their truck.

Pedestrians

Many victims in pedestrian accidents involving full-size pickups are children, particularly toddlers between one and two years old.

Given the height of pickup truck hoods and the blind spots they cause, young children standing in front of the truck may not be visible to a driver. The tall, flat surface of a pickup truck’s front end may also increase the severity of an impact with a pedestrian, who may suffer significant or life-threatening injuries.

Safety Sidelined

Safety advocates point out that large truck manufacturers have the option of designing safer vehicles. They could potentially lower the hoods of these vehicles and lower the bumpers to help reduce severe injuries.

They could reduce the weight of large trucks or design the front end to be less imposing. However, manufacturers are incentivized to try to meet consumer demand for a certain lifestyle image that these large trucks represent.

Technology

Many sedans and SUVs come equipped with safety technology, such as blind-spot monitoring, rear collision avoidance, and pedestrian detection. These technologies can provide audible warnings to a driver when a pedestrian, vehicle, or other object moves into the path of their vehicle, or even automatically deploy the vehicle’s brakes to prevent a collision.

However, many brand new full-size pickup trucks only come with these potentially life-saving safety technologies at an additional cost or don’t offer these safety features at all. For example, pedestrian detection systems are not available for the Chevrolet Silverado or Jeep Gladiator. The Ram 1500 has it as an extra-cost option. The Toyota Tundra, Nissan Titan, and Ford F-150 do come with pedestrian protection systems as standard.

Braking Distances

The increasing weight of full-size trucks also has meant that these vehicles’ braking distances have grown as well. Many truck models exceed two tons in gross vehicle weight. Because these vehicles are not designed for performance on the road, they don’t stop as quickly as a passenger sedan. This makes it harder for pickup truck drivers to avoid collisions with pedestrians or with other vehicles or objects if they even see them before the collision.

Contact Joy Law Firm Today

If you have been injured in a collision with a big pickup truck or struck by a big pickup truck while walking down the street or crossing an intersection, contact a pedestrian accident attorney at Joye Law Firm. Call at 888-324-3100 today for a free, no-obligation consultation to discuss your legal rights to pursue a claim for compensation against the negligent or reckless driver at fault for your injuries.

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Hiring a Workers’ Compensation Attorney in North Charleston

Most people employed in South Carolina are covered by workers’ compensation insurance, which pays benefits if they are injured on the job. Nearly all businesses are required to have workers’ comp insurance. The typical worker never gives it a thought until they have a workplace accident.

An injured worker who is at home or in the hospital recovering from an injury might hear from friends or family that they should hire a workers’ compensation attorney. Understandably, an injured worker may have questions about whether hiring a workers’ compensation lawyer is necessary.

At Joye Law Firm in North Charleston, we can review your workplace accident and discuss whether hiring a workers’ comp attorney makes sense in your situation. We offer free, no-obligation legal consultations to review your case.

Joye Law Firm had five lawyers in its North Charleston Office recognized in the 2021 edition of The Best Lawyers in America© in the practice area of workers compensation – claimants. We are proud to stand up for injured workers and help them access all the benefits available by South Carolina law. We do not charge a legal fee unless we obtain money for you. Call us today.

The Advantages of Engaging a Workers’ Compensation Attorney

The workers’ compensation system must address every potential need and circumstance presented by an injured or ill worker in South Carolina. This has caused the system to grow into a complex program overseen by the S.C. Workers’ Compensation Commission.

Some employers or insurance administrators will attempt to deny valid workers’ comp claims to avoid paying benefits to injured workers. Workers’ comp insurance claims payouts may increase insurance premiums, a cost some businesses strive to avoid.

Most injured workers are new to the workers’ compensation claims process. They have not had a prior workplace injury. Having never filed a claim, they may be unsure of the benefits available.

Many injured workers don’t realize that a basic workers’ comp claim should pay for all of their medical expenses related to an eligible injury and cover about two-thirds of their weekly wages while they are unable to work. Few know what scheduled payment they would receive for a specific disabling on-the-job injury, such as loss of a limb or loss of eyesight.

Many valid workers’ compensation claims are denied or underpaid by insurance administrators. If your workers’ comp claim is disputed or denied after a workplace accident, or you believe you are receiving less than you are owed, then let a knowledgeable attorney review the details and discuss your options.

The injured employee who engages a workers’ compensation lawyer has the advantage of the attorneys’ knowledge and experience with the system. Our North Charleston workers’ compensation attorneys at Joye Law Firm have been helping injured employees navigate the system and seek full compensation for workplace accidents since 1968. Our lawyers bring nearly 250 years of combined litigation experience to the table when we represent an injured worker.

The Role of Your Attorney in a Workers’ Compensation Case

Our workers’ comp attorneys at Joye Law Firm can help make sure your claim is filed correctly and that you are receiving the benefits you are due. If your claim has been denied, we can file an appeal on your behalf and represent you in dealings with the South Carolina Workers’ Compensation Commission.

There are multiple reasons that an employer or their insurer administrator might cite in denying a workers’ compensation claim. Most often, they’ll claim the worker’s injury did not occur while he or she was on the job. They may also claim the injury was a pre-existing condition. Cases of repetitive stress injuries, which develop over time, are often incorrectly linked to pre-existing conditions.

Another common tactic used to dispute an injured employee’s eligibility for workers’ comp benefits is to claim that the worker is an independent contractor rather than an employee. We can help you cite specific requirements of your job that qualify you as an employee for purposes of obtaining workers’ compensation coverage.

We may be able to help you if an employer or insurance company:

• Says you failed to report your workplace injury on time. South Carolina law requires you to notify your employer of an occupational injury within 90 days of the accident. There are certain exceptions to the 90-day deadline, such as being unable to provide notice due to physical or mental incapacity or if your employer already knew about your injury.
• Claims your injuries were caused by willful misconduct. This would make you ineligible for workers’ comp, but your employer would have to prove you knew the activity was against the rules and likely to cause injury, but that you engaged in the activity anyway and were injured through your own misconduct.
• Disputes your need for further medical treatment and wants you to return to work before you are able. If your doctor releases you to return to light-duty work, you have the right to get a second medical opinion, which may be entered as evidence in an appeal.
• Takes back money because you are receiving Social Security Disability Insurance (SSDI) or Medicare benefits. We can assess your claim and your full benefit from all sources to determine what you are truly owed and how your workers’ comp settlement should be structured.

Our workers’ compensation attorneys can assist you throughout the process of your claim, including advising you of your responsibilities to remain eligible for benefits. For example, you must follow the assigned doctor’s instructions, including attending all follow-up appointments. You must accept light duty work your employer offers if you are able to do it.

Contact Our SC Workers’ Compensation Attorneys

Our North Charleston workers’ comp lawyers at Joye Law Firm can advise you about all aspects of a workers’ compensation claim in South Carolina. We will work to obtain the maximum benefit available to you. We have offices in Charleston, Myrtle Beach, Columbia, Clinton, and Summerville, S.C. We handle workplace injury cases across the state. We represent injured workers on a contingency fee basis. That means we only collect a fee if we recover compensation for you. Contact us today.

 

 

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Are Insurance Companies Biased Against Motorcyclists?

Insurance exists to protect motorcyclists by helping them pay for their bills if they are injured in a crash. Insurance is especially important for motorcyclists because they have much less protection than passengers in other types of vehicles do. Injuries in motorcycle accidents are often serious, and without insurance, the medical bills can be too much for anyone to manage without help.

Unfortunately, many motorcyclists find out after their crashes that their insurance company isn’t interested in helping them like they are supposed to. And too often, this is because insurance companies are biased against motorcyclists and believe they are at fault for their own injuries.

Motorcyclists Have an Unfairly Earned Reputation

It’s probably not a surprise to anyone who has ever ridden a motorcycle to know that many drivers don’t like to share the road with motorcycles. They think that motorcycle riders are lawbreakers who ride recklessly and too fast. It doesn’t help that motorcycle riders are frequently portrayed this way in movies and on TV.

In media, people who ride motorcycles are usually criminals, even when this doesn’t reflect real life at all. In fact, the Motorcycle Industry Council’s 2018 demographic survey shows that many motorcycle riders are college-educated workers with families.

Because of this bias, when motorcyclists crash, it is frequently assumed it happened because the riders were doing something dangerous. But this simply isn’t true. Studies have shown that two-thirds of all motorcycle accidents involving another vehicle were the fault of the other driver, usually because drivers refuse to yield the right of way to bikers or because they weren’t paying attention to the road.

But even when drivers hit motorcyclists, they will try to blame the motorcyclist by claiming they were doing something that caused the driver to hit them, such as speeding or recklessly weaving through traffic. And unfortunately, police officers, insurance adjusters, and juries may be more likely to believe the driver’s side of the story.

Insurance Companies Deny Claims to Save Money

Another reason insurance companies frequently deny injury claims from motorcyclists has nothing to do with bias, however. It’s because motorcycle crashes result in serious injuries and even death. And insurance companies do not want to pay enormous medical bills, so they will try to get out of it any way they can, even by falsely claiming motorcycle riders were at fault for their own injuries.

How to Overcome Motorcycle Bias to Get the Money You Deserve

Unfortunately, there isn’t much you can do to change people’s perceptions of motorcycle riders, but you can present a solid case with plenty of evidence proving you were not at fault that the other side can’t poke holes in.

• Ride safely – While your past riding history shouldn’t have anything to do with who was at fault for your crash, sadly the other side’s legal team may drag up prior tickets to try to paint you as a reckless rider. Completing a motorcycle safety course before any accident can help shore up your reputation as a safe, responsible, and experienced rider.
• Dress appropriately when you ride – As cool as all black may look, the other side may try to assign you partial fault for not taking precautions to make yourself more visible to drivers. Instead, wear brightly colored clothes and add reflective tape to your bike. It’s also important to always wear safety gear because the other driver’s legal team may argue you were only injured because of your lack of helmet or other gear rather than because of the actions of their client.
• Wear a helmet cam – Dashcams are becoming increasingly popular to help prove fault in car crashes, and they can be used in motorcycle crashes as well. Helmet cameras can offer solid video evidence of how a crash occurred so you don’t need to worry about the “he-said, she-said” and who the jury will believe.
• Contact a lawyer right away – Evidence can disappear quickly as crash scenes are cleaned to make way for traffic again, so it’s important to establish your case early.
• Follow through on medical treatment – One of the biggest mistakes people make after crashes is not following their doctors’ orders. Failing to take prescribed medication or skipping assigned physical therapy or follow-up medical appointments will often lead the other lawyer to claim your injuries aren’t serious and not deserving of compensation.

Most importantly…

• Don’t accept any degree of fault without speaking to a lawyer. South Carolina has a comparative negligence law, meaning motorcycle riders can only get compensation if they are considered less than 51% at fault for the crash, and the higher their assigned degree of fault, the less compensation they are entitled to.

Contact Joye Law Firm After a Motorcycle Crash

Motorcycle riders will always be fighting an uphill battle to get the compensation they are legally entitled to after crashes caused by other people. But we want to help. Contact our firm today to speak to a South Carolina motorcycle accident attorney for free and learn what your next steps forward should be.

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Don’t Tailgate and Tailgate This Football Season

While drinking and driving is a well-known offense, it is vital to remember how important it is to never get behind the wheel of a vehicle after consuming alcohol, especially as football season arrives. Many people enjoy alcoholic drinks while attending football games, watching games at bars and the homes of friends, or tailgating outside a stadium before a game.

A study from the University of Minnesota found that one in every 12 attendees at an NFL game will leave the stadium legally drunk. To put that into perspective, the Carolina Panthers’ stadium holds 75,412 people. That means at full capacity, there could be 6,285 drunk drivers getting on the road, ready to cause crashes after a game!

In addition, the study found that people who tailgate before a game are 14x more likely to leave a game drunk than other fans.

How Alcohol Affects Drivers

The effects of alcohol can negatively affect nearly every aspect of driving. And what makes this so dangerous is that it also applies to “buzzed” driving. While it’s not legally “drunk driving” unless your blood alcohol content (BAC) is 0.08% or higher, any amount of alcohol, even just one drink, can affect your driving ability. You may become impaired even before you feel buzzed.

• After one drink (or a BAC of 0.02%), drivers can’t multitask or track moving objects (such as other vehicles and pedestrians).
• After two drinks (or a BAC of 0.05%), a driver loses coordination and has slowed reaction times.
• After three to four drinks (or a BAC of 0.08%), a driver is legally intoxicated. They won’t be able to tell how fast they are driving and will easily lose concentration when performing basic driving tasks such as being able to slow down, stop, or turn.
• After six drinks (or a BAC of 0.10%), a driver won’t be able to steer or brake correctly.
• After more than six drinks (or a BAC of 0.15%), a driver may not process anything they see or hear around them (this is how drunk drivers get into crashes without realizing they’ve hit someone).

Even more alarming is that a lot of drivers, unfortunately, don’t believe it. One study found that nearly a third of people aged 18-34 believe that some people are “good at drunk driving.”

If you have a friend or family member who believes they drive better when drunk, make sure to sit down and talk with them about the danger they are putting themselves in and the serious consequences they could face if they injure or even kill someone because they chose to drive drunk.

Ways to Stay Safe After Sporting Events

If you are planning to attend a football game this fall where alcohol will be served, it’s important to do everything you can to protect yourself and others from drunk driving accidents.

Following these tips could save a life:

• Do not drive yourself. Have a designated driver or a sober way home, such as an Uber or Lyft. Even if you drove yourself, don’t be afraid to find alternate transportation home and return for your car when you are sober.
• Watch your alcohol consumption, especially when you feel the alcohol beginning to affect you. Drink one glass of water in-between every alcoholic beverage.
• Leave the game early. This may help you avoid many of the drunk drivers leaving the stadium.
• Always wear a seatbelt. This could save you from serious injury in a collision.
• If you see what you suspect is a drunk driver (weaving in the road, driving outside a designated lane, turning too widely, tailgating, driving far below the speed limit, or braking erratically), slow down, pull over, and let the driver pass you. Do not attempt to stop them or follow them.
• Contact the police after seeing a drunk driver on the road and give them a description of the vehicle and where you saw it.

We Help Victims of Drunk Driving Accidents

There is never an excuse for drunk driving. If you or someone you love was seriously injured or killed in a drunk driving accident, whether leaving a football game or not, you deserve compensation for your medical bills, pain, and suffering.

We want to help you hold drunk drivers accountable when they harm others, and make sure you receive the compensation you need to get your life back together after accidents that weren’t your fault. Contact our firm today for a free consultation on your claim.

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Night-Shift Workers and the Risk of Car Accidents

Since the 21st century, it has not become uncommon for people to work the “graveyard shift” also called the night shift, or have a night job- this includes late night, overnight, and early morning shifts. These workers are everywhere from the Uber you took from King Street at 3 A.M., to the Amazon truck driver bringing your overnight package, to the paramedics on call, ready for an emergency.

Unfortunately, working at night comes with inherent consequences. The University of Missouri conducted a study in which the researchers determined people who work the late-night graveyard shift can develop a disorder that makes them almost three times more likely to be involved in a car accident. This disorder is called shift work sleep disorder (SWSD). SWSD is a condition that primarily affects people who work overnight, early morning, or rotating shift hours.

When a person works through the night and sleeps during the day over a long period of time, they develop sleep apnea and insomnia – side effects of SWSD. Sleep apnea is a sleep disorder that causes irregular breathing affecting an individual’s sleep. Insomnia is when a person has trouble falling and/or staying asleep. Researchers found that shift workers with sleep apnea and insomnia were more likely to be involved in a car accident or near-crash circumstance.

The University of Missouri did a study on SWSD and car accident involvement. The study found that SWSD increased the risk of a motor vehicle crash in traffic by nearly 300%, and sleep apnea and insomnia both increased the risk of a crash by approximately 30%.

Shift Work Sleep Disorder (SWSD) and Drowsy Drivers

SWSD causes high risk of drowsiness-related motor vehicle crashes due to the disruption of a natural sleep pattern. A drowsy driver’s lack of sleep causes slower reaction time, poor coordination, and less ability to pay attention. Drowsy driving is most likely to occur between midnight and 6 am or in the late afternoon when most people are naturally sleepier.

Some other findings are:

• A driver with SWSD is 296% more likely to be involved in a crash or near-crash than a driver without the condition.
• Drivers over the age of 65 with SWSD are 5.89 times more likely to be involved in a crash or near-crash.
• Drivers between the ages of 25 and 44 with SWSD were 2.42 times more likely to be involved in a crash or near-crash.
• Drivers with sleep apnea are 1.29 times more likely to be involved in a crash or near-crash than a driver without sleep apnea.
• Drivers ages 25–44 years with sleep apnea had a higher likelihood of crashes and near-crashes than others.
• Drivers with insomnia were found to be 1.33 times more likely to be involved in a crash than a driver without insomnia.
• Drivers ages 25–44 years with insomnia were found to have 1.31 times the crash risk of drivers without insomnia.
• Drivers age 65 and older with insomnia were found to have 2.05 times the crash risk of drivers without insomnia.

Studies have shown the possibility of a car accident increases when driving while drowsy. Drowsiness can have cause severe side effects on a driver’s attention, decision-making, judgment, coordination, vigilance, and reaction time.

How to Mitigate the Risk of Drowsy Driving

Plain and simple, the most effective way to avoid drowsy driving accidents is getting enough sleep. If sleep before work is not possible, try resting before driving back home after completing a late-night shift. In addition, the majority of licensed drivers will experience driving while drowsy during their lifetime. When a person becomes tired their ability to drive becomes impaired and the risk of a collision rises.

Here are a few warning signs of Drowsy Driving:

• Yawning repeatedly
• Blinking frequently
• Heavy eyelids
• Drifting from your lane
• Feeling restless and irritable
• Veering onto the shoulder/Drifting from your lane

If you experience any of the following warning signs you should pull over to rest as soon as safely possible.

How a Drowsy Driving Injury Attorney Can Help

Regardless of a sleep disorder, if you have been injured by a drowsy driver, you may be entitled to receive compensation through the drowsy driver’s liability insurance or other forms of coverage, including but not limited to your own uninsured motorist / underinsured motorist policy.

In my experience, drivers do not initially admit to being tired while driving. So, as your personal injury attorney, I will need to investigate the case, which will include reviewing evidence such as police reports, medical records, work records, accident scene evidence, and eyewitness statements. This information will allow me to demonstrate that the driver’s condition caused him or her to act in a careless or unsafe manner.

If you have been involved in a car, truck, or motorcycle accident with a suspected drowsy driver and you need an aggressive, experienced, and knowledgeable car accident lawyer at your side, please do not hesitate to give Joye Law Firm a call. I would be happy to review your case at no charge. Call 888-324-3100 or use this online contact form to set up a free consultation today.

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Does Workers’ Comp Coverage Apply When Working from Home?

The pandemic has forced many people to work from home. In fact, some workers and employers think there’s no need to return to an office environment. This has caused some to question whether workers who are working from home are covered by their employer’s workers’ compensation insurance.

The short answer is that an employee in a work from home job is covered by workers’ compensation in South Carolina and eligible for the same benefits as those who still go in to the office each day.

Workers’ compensation provides benefits to covered workers who are injured while on the job or because of activities growing out of the scope of their jobs. Being on the job when injured is what matters, not where you are working. An employee injured while working in their home office or anywhere else is covered by workers’ compensation just as they would be in the corporate office, or on a client’s premises.

If you are a full-time or part-time employee and have been injured on the job while working from home in South Carolina, you should be entitled to workers’ comp benefits. If you have questions about your legal rights, contact a Joye Law Firm workers’ compensation attorney as soon as possible. Some employers and insurance carriers may seize upon your work from home status as an excuse to try to deny paying a workers’ comp claim. We are confident in our ability to help you seek the full benefits available by law if you were injured while doing your job from home with the employer’s permission.

Just call Joye Law. Call us now at 888-324-3100 or fill out this online form for a no-obligation, confidential consultation about your workers’ compensation claim.

How to Make a Workers’ Comp Claim for a Work-From-Home Injury

Just as with any workplace injury, you need to notify your employer as soon as possible that you have been injured in a job-related accident at your home. If you do not do so in writing initially, you should follow up with a written account of what happened and when. You should explain what work duties you were performing when you were injured.

If your employer disputes your right to workers’ compensation benefits or refuses to report your accident, you should consult with a South Carolina workers’ compensation attorney. To file a claim, you must submit a Form 50 to the S.C. Workers’ Compensation Commission. Joye Law Firm can help you file a claim if your employer does not report your accident. Our law firm can file a hearing request on your behalf if your employer’s insurance administrator denies that you were injured in a job-related accident. When making a workers’ compensation claim as a work-from-home employee, the critical factor is that the injury must be work-related for it to be covered. You’ll need to answer these two questions in the affirmative:

• Did you have permission to work for your employer from home?
• Were you on the clock or engaged in assigned job duties when you were hurt?

If your employer or the insurer challenges your claim, the questions in a hearing would focus on whether you suffered an “injury by accident arising out of and in the course of the employment.”

The South Carolina Court of Appeals said in McGriff v. Worsley Companies, Inc., 654 S.E.2d 856, 376 S.C. 103 (S.C. App. 2007) that:

An accidental injury is considered to arise out of one’s employment when there is a causal connection between the conditions under which the work is required to be performed and the resulting injury. An injury occurs within the course of employment when it occurs within the period of employment, at a place where the employee reasonably may be in the performance of his duties, and while fulfilling those duties or engaged in something incidental thereto.

The burden of proof is on the employee when a workers’ comp claim is challenged. But, if an employee is able to explain how the injury was work-related, he or she may very well have a persuasive case.

Workers’ compensation claims brought by employees who are working from home can be more complicated than typical on-the-job injury claims. But we believe that if an employer has agreed to a work-from-home arrangement with the employee expected to produce a work product for the employer’s benefit, then the Workers’ Compensation Commission and the courts must consider the employee’s home to be an extension of the workplace.

In fact, the pro-employer Society for Human Resource Management (SHRM) advises its members, that, “Courts have found that an employer’s lack of control over the conditions of an employee’s home-based work premises is irrelevant. When an employee’s home is also an employee’s work premises, it is often interpreted that the hazards an employee encounters when performing work at home are also hazards of his or her employment.”

Contact a South Carolina Workers’ Compensation Attorney

If you have been injured while working at home in South Carolina and your claim for workers’ comp benefits is disputed in any manner, you should contact an experienced workers’ compensation claims attorney with Joye Law Firm as soon as possible. Our attorneys have a detailed understanding of South Carolina workers’ compensation law and over 140 years of combined experience doing the same.  We can help prepare your initial claim or represent you in the hearing process if your claim has been denied.

Call us at 888-324-3100 for a free, no-obligation review of your workers’ compensation claim, or contact us online. We have offices in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach, and represent injured workers throughout South Carolina. Our goal with each person who turns to us for help is to make a positive difference in your life.

The post Does Workers’ Comp Coverage Apply When Working from Home? appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2021/09/workers-comp-benefits-working-from-home/
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