How Much Does Workman’s Comp Pay in South Carolina?

Workers’ compensation, also called workman’s comp, is a type of liability insurance that most businesses in South Carolina are legally required to carry to pay employees when they are injured on the job.

Does Workman’s Comp Provide Salary?

How much should I get?

Workman’s comp won’t provide your full salary while you are unable to work due to your injury, but it is legally required to provide two-thirds of your weekly take-home pay until you are able to return to work.

Maximums

However, South Carolina also puts a cap on this number. For 2022, the maximum amount an injured worker can receive weekly in workers’ compensation benefits is $963.37, even if two-thirds of their usual weekly salary would be higher than that.

Minimums

By contrast, you must receive a minimum of $75 per week, even if two-thirds of your usual weekly salary is less than that. However, if 100% of your usual weekly salary is less than $75, you will receive your usual weekly salary instead.

How soon do I get it?

You won’t be able to receive compensation for lost pay unless your injury leaves you unable to work for at least seven days, and you won’t get payment for those first seven days unless your injury leaves you unable to work for at least 14 days.

For example, if you are unable to work for 5 days, you would not receive any compensation for those lost wages. If you are unable to work for 10 days, you would receive pay for 3 days (10 days minus 7 days). But if you were unable to work for 15 days, you would receive pay for all 15.

What about permanent injuries?

If you are permanently disabled, you can get additional benefits. Most injured workers are not considered “totally permanently disabled.” Instead, they may be “partially permanently disabled,” which means they can still work, but not for as long as before and/or not doing the same type of work as before.

In this case, you can receive two-thirds of the difference between your new, smaller salary and your original, larger salary in compensation (with the same weekly maximum cap).

Does Workman’s Comp Cover Medical Expenses?

Yes, workers’ compensation should cover all “needed and reasonable” medical care in full. This may include doctor’s visits, surgery, physical therapy, and medication.

However, you may be required to go to a doctor selected by your employer or their insurance company rather than your usual doctor for your treatment to be approved and covered.

What Else Does Workman’s Comp Cover?

When a worker’s injury leaves them permanently partially disabled, they can get workers’ compensation benefits to help them find and get training in a new position that their injury does not prevent them from doing.

You may also receive compensation for transportation to doctor appointments. For 2022, injured workers can receive 58.5 cents per mile in compensation.

Am I Eligible for Workman’s Comp?

Who qualifies?

Most workers in South Carolina, regardless of whether they are hourly, salaried, full-time, part-time, or temporary, are eligible for workers’ compensation benefits. However, most is not all. Some types of workers are not guaranteed workers’ compensation, including federal employees in South Carolina, railroad and agricultural workers, workers at businesses with less than four employees, and corporate officers. If you are unsure whether your business owes you workers’ compensation benefits, contact our firm to speak with an experienced personal injury attorney.

Who’s at fault?

Because workers’ compensation is “no fault,” you can get compensation even without proving that your employer’s negligence caused your injuries. In fact, you can get compensation even if your own negligence caused your injuries! However, there are a few exclusions. For example, injuries caused by roughhousing or alcohol consumption are usually not covered by workers’ compensation.

What were you doing when it happened?

This is the most important qualifier for whether or not you are eligible: you must have been injured while working. As long as you were injured while working, it doesn’t even have to have happened on work property.

A common example of workers’ compensation claims is car accidents. For example, if an employee on the sales team was driving to a pitch meeting at a potential client’s office, and got into a car accident on the way there, they were performing work duties at the time so they ARE eligible. But if the meeting was over, and they were driving home for the day (rather than back to the office), they were no longer working, so any crash would NOT be eligible for workers’ compensation.

Did you make the deadline?

You must make a report to your employer within 90 days of the injury, and your employer has 10 days to file the report with the state workers’ compensation board. If they do not, you may file with the state compensation board yourself, but you are required to inform your employer first.

After that, you have two years to make a claim. This is why it is so important to always file an accident report with your employer. If you realize six months after an injury at work that you need compensation to cover your increasing medical bills, but you never filed a report with your employer, you won’t be able to file a workers’ compensation claim even though the statute of limitations hasn’t run out.

Get in Touch with a South Carolina Workers’ Compensation Attorney Today

Workers’ compensation claims are not the same as other types of injury claims, and you need a lawyer who is experienced with these types of claims and knows the rules and deadlines. Even if you already tried to file a claim on your own and had it rejected by the South Carolina Workers’ Compensation Commission, that doesn’t mean you can’t get the compensation you need.

Our lawyers have helped many injured South Carolinians win appeals on their workers’ compensation claims so they could get the money they deserve until they are able to work again.

Contact our team today for a free case evaluation.

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How Do Passengers Get Compensation for Car Crash Injuries?

When drivers are injured in crashes, they can get compensation through the auto insurance policies of the at-fault drivers.  But when passengers are injured in accidents, they may be wondering if they can get compensation and how to get it, especially if they don’t drive and thus don’t have auto insurance. Thankfully, passengers in crashes are also usually eligible for compensation, even when the at-fault drivers are the drivers of the vehicles they were riding in.

Who Pays for Medical Expenses Resulting from a Car Crash?

South Carolina is a “fault” state, which means that whoever is determined to be at fault for the crash is responsible for the resulting medical bills of anyone injured in the crash. That means the driver in the other vehicle, passengers in both vehicles, and/or any pedestrians who were struck and injured can file compensation claims against the negligent driver who injured them.

Can Passengers Be Considered at Fault for Crashes?

Typically passengers are not considered at fault for crashes, but in some cases, passengers may be considered partially at fault. For example, if they distracted the driver of their vehicle to the point that they lost control and crashed, the passenger could share liability for the accident. However, this does not mean passengers are excluded from getting compensation, although the amount they can get in compensation may be reduced if they were determined to have done something that contributed to the crash.

What If It’s Taking Too Long to Determine Who’s at Fault?

Determining liability can drag on after a crash when one or both drivers deny liability. In those cases, the best option for the passenger is usually to use their own health insurance to cover their medical expenses. Once liability is determined, the at-fault driver or drivers’ auto insurance would reimburse for bills already paid through a medical lien.

Do Passengers Need to Hire a Lawyer, or Can They Use The Same Lawyer as the Driver of the Vehicle They Were In?

Unfortunately, passengers in vehicles cannot share the same lawyer or lawsuit as the driver in the vehicle they were riding in, even when both are injured in the same crash. That’s because South Carolina law allows both drivers in a collision to share fault. For example, imagine a scenario where a driver is browsing social media on their phone at a red light. The light turns green, but the driver doesn’t notice, and is rear-ended by another driver approaching from behind. In this case, both drivers could be considered partially at fault for the collision.

Because the driver of the vehicle you were riding in may also be partially liable for your injuries, it would be a conflict of interest for you to be represented by the same lawyer or in the same lawsuit, since you may need to seek compensation from the driver of the vehicle you were riding in. You should hire separate lawyers, even if the driver was your immediate family member or spouse.

Don’t Hesitate to File a Claim

Many passengers are reluctant to file claims against friends or family members when they are responsible for their injuries. However, we want you to know that doing so is a smart decision, and not one you should be ashamed of making.

You need and deserve compensation for injuries you suffered but didn’t cause, and in the vast majority of auto accident claims, your friend or loved one will not be personally responsible for paying those bills out of their own pocket. Your compensation will be paid for by their auto insurance policy instead. That’s what it is for, and you shouldn’t worry about using it.

We Help Passengers Injured in Auto Wrecks

At Joye Law Firm, we’ve represented many injured victims of auto accidents. While drivers know they are putting themselves at risk every time they get behind the wheel of a vehicle, they are doing the same for their passengers, and innocent passengers don’t deserve to pay for a driver’s recklessness or distraction.

Our South Carolina injury lawyers have dedicated their lives to helping people who have been injured through no fault of their own, and now we want to help you. Contact us today for a free consultation if you’ve been injured in a crash while riding in someone else’s vehicle.

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North Charleston’s Most Dangerous Jobs

Companies in South Carolina employ workers in various competitive industries, including automotive manufacturing, health care, construction, engineering, and aerospace.

Some jobs inherently have a higher risk of injury. Jobs in agribusiness, manufacturing, and the transportation industry are particularly hazardous.

If you’ve been injured on the job in the North Charleston area, you may be entitled to workers’ compensation benefits to help cover the costs of your medical expenses and loss of earnings if you’re unable to work.

At Joye Law Firm, our attorneys have been advocating for injured workers in our community for more than 50 years. We have the skills and experience to advise you of your rights as an injured employee, help guide you through the workers’ compensation claims process, and help you get back on your feet.

Contact Joye Law Firm today for a free case review.

Industries with Highest Injury Rates in South Carolina

The South Carolina Department of Labor tracks workplace injuries. Using data from the Bureau of Labor Statistics, the SC Department of Labor ranked industries in South Carolina with the highest rates of occupational injuries and illnesses among workers. They are:

• State Government Public Safety – 5.7 injuries per 100 full-time employees
• Private hospitals – 4.9
• Local government hospitals – 4.8
• State government hospitals – 4.7
• Nursing Home and residential care facilities – 4.2
• Metal manufacturing – 4.1
• Food manufacturing – 3.9
• Miscellaneous manufacturing – 3.6
• Local government school systems – 3.4

North Charleston Workers Compensation

South Carolina’s workers’ compensation laws allow workers who are injured on the job to claim compensation for medical costs, lost earnings, and disability benefits if they are injured. The workers’ compensation system also allows the surviving family members of employees killed on the job to seek death benefits.

If you’ve been hurt in a workplace accident or developed a work-related illness, the first thing you should do is to report your condition to your employer immediately. Your employer is responsible for covering the cost of your medical care, as long as you are evaluated by a physician that the workers’ compensation provider has approved.

Under South Carolina state law, employers have a right to select the physician that treats your work-related injuries. Typically, employers provide a list of doctors from which to choose a treating physician.

If you visit your own physician without consulting your employer first, your employer might not be responsible for any costs that accompany the visit. The exception to this is if you have sustained a serious injury on the job and require emergency medical treatment, then you may seek immediate treatment.

Workers could receive benefits for:

• Work-related injuries: If you sustain an injury on the job, you can claim workers’ compensation benefits to help cover expenses related to the injury.
• Work-related illness: If you sustain an illness due to a work hazard, for instance, you might be entitled to claim workers’ comp benefits to cover illness-related costs.
• Work-related repetitive stress injuries: Some injuries develop over time instead of occurring at the moment, like carpal tunnel syndrome. When you need to treat repetitive stress injuries, you can claim workers’ compensation to help cover the cost of treatment.
• Lost earnings: If you cannot return to work for some time, workers’ compensation benefits can help replace at least some of your lost income.
• Additional treatment: If your injury or illness requires ongoing care, workers’ compensation benefits can help cover the cost of that care.
• Permanent disability benefits: Some injuries may leave workers permanently disabled and unable to perform their job duties. If you are rendered disabled due to a work accident, workers’ compensation can cover your medical costs, missed wages, and more.
• Funeral expenses: Funeral costs are covered by workers’ compensation benefits if an employee passes away due to a work injury.

Manufacturing Industry

South Carolina’s manufacturing industry is booming, particularly in the automotive, boat, and appliance sectors. But manufacturing includes many types of employment with high rates of workplace injuries, such as food processing.

Many workers in the manufacturing industry regularly work with heavy equipment and dangerous machinery, leading to accidents, particularly if the employer does not properly maintain equipment and machinery. Common injuries in the manufacturing industry include cuts and lacerations, repetitive motion injuries, slip and fall injuries, crush injuries, broken and fractured bones, and more.

Health Care

Health care workers in hospitals and nursing homes who care for patients have physically demanding and stressful jobs. Slip and fall accidents are common accidents in hospitals. Many health care workers develop back injuries, muscle tears, and other soft tissue injuries from lifting or moving patients.

Transportation

Transportation is another of South Carolina’s biggest industries. This involves trains, ships, and commercial trucks. Many tractor-trailers drive through South Carolina each day, and some studies have indicated that South Carolina is among the most dangerous states to drive in. Truck drivers could easily injure themselves while making deliveries due to road hazards, traffic congestion, highway construction, and more.

Office Operations

Common injuries among office workers include slip and fall injuries, ergonomic injuries, soft-tissue injuries, and more. Illnesses and infectious diseases also spread quickly in office environments due to workers’ close proximity to one another. Repetitive stress injuries, such as carpal tunnel syndrome, are also common.

Other Dangerous Industries

Many industries in South Carolina have positions that place workers at risk of injury. Construction workers, metal workers, roofing workers, window washers, and other workers whose jobs involve physical labor are often dangerous. Employers owe their employees a duty of care to ensure that they are provided with the necessary safety equipment to do their job and that the work environment is appropriately inspected and maintained.

How a Workers Comp Lawyer Can Help

If you have been injured on the job, it is important to understand your rights. You may be entitled to workers’ compensation benefits, depending on your employment status.

Securing workers’ compensation benefits should be straightforward, but unfortunately, some employers and insurance administrators dispute valid claims.

Let an experienced North Charleston workers’ compensation lawyer at Joye Law Firm help you understand the benefits provided by S.C. law and help you pursue all the benefits available to you. We’ve been committed to helping workers just like you get back on their feet after serious accidents since 1968. Let us put our extensive knowledge and skills to work for you.

Contact a workers’ compensation attorney at the North Charleston office of Joye Law Firm today for a free consultation.

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North Charleston Temporary Workers and Workers’ Comp

Your status as a temporary worker in North Charleston does not necessarily bar you from being eligible for workers’ compensation benefits if you have been injured on the job.

You may qualify for workers’ compensation benefits if you suffer an injury while working in a temporary position for the holiday season, doing a job you got through a temp employment agency, and miss more than seven days of work.

Do not let anyone tell you that you are not entitled to workers’ comp benefits. If you have been injured and have a disputed workers’ comp claim, you should speak to an experienced S.C. workers’ compensation lawyer to evaluate your options.

A workers’ compensation lawyer at Joye Law Firm in North Charleston can review your work injury claim and discuss the steps available to you. Our workers’ comp lawyers have been assisting injured workers throughout South Carolina for more than 50 years. Contact us for a free case review.

How Do Temp and Seasonal Employees Qualify for Workers’ Comp?

This S.C. Workers’ Compensation Commission statement about coverage requirements points out that the status of seasonal employees is regularly questioned. Two questions must be answered in the affirmative to confirm eligibility:

1. Does the employer regularly employ four workers?
2. Is the individual an employee?

“The courts have defined ‘regularly employed’ as meaning employment of the same number of people with some constancy throughout a relevant time period,” the statement says. The relevant time period would be when the worker whose claim is being questioned was employed, such as over the course of the holiday season. The number of employees is easily answered in most cases by taking a look at the employer’s payroll.

Many temporary workers are actually employed by agencies that provide temporary workers to other companies. Even if you were injured while working at a job site, the temp agency that employs you may be the provider of your workers’ compensation coverage.

The Workers’ Compensation Commission states that case law defines the fundamental test of the employer-employee relationship as the right of the employer to control details of an employee’s work.

Such control or supervision is normally exercised over the activities of temporary and seasonal employees. Temps are usually hired to assist with an increased workload and work side-by-side with permanent employees under a supervisor.

Temporary Workers, ‘Casual’ Employees and S.C. Workers’ Comp

Temporary and seasonal employees are often confused with “casual” employees. Under South Carolina workers’ comp statutes, employers may decline to offer workers’ compensation protection to workers whose employment is casual.

In the presiding case defining casual employment [Smith v. Coastal Tire and Auto Service 263 S.C. 77, 81, 207 S.E.2d 810, 812 (1974)], a tire shop owner put his teenage son on the payroll during summer break and let him show up and do odd jobs when he felt like it. When the boy was injured, the company and the workers’ comp insurer argued that he was a casual employee that the insurer was not obligated to cover.

The court agreed, saying, “Where employment cannot be characterized as permanent or periodically regular but occurs by chance, or with the intention and understanding on the part of both employer and employee that it shall not be continuous, it is casual.”

If you have been instructed to report for work on specific days of the week and hours of the day, we would argue that your position is “periodically regular” and more than casual.

A third test would be whether the temporary worker falls into another category of workers exempted from workers’ compensation requirements. South Carolina law says employers do not have to provide workers’ compensation insurance to cover:

• Farmworkers and individuals who sell agricultural products for a producer
• State and county fair association employees
• Railroad and federal employees
• Licensed real estate salespersons who work for licensed real estate brokers on a straight commission basis or as independent contractors
• Commercial truck drivers who own or lease their trucks and work as independent contractors.

Employers that had a total annual payroll during the previous calendar year of less than $3,000 are exempt from workers’ comp requirements, regardless of the number of people they employ.

Workers’ Compensation Coverage in South Carolina

Any South Carolina business that regularly has four or more employees is required to carry workers’ compensation insurance for all of its eligible employees. This includes full-time and part-time employees, and coverage is automatically in effect from the employee’s first day on the job.

An employee who is injured by an accident in the course of performing the job and is temporarily or permanently disabled may qualify for benefits, according to South Carolina Workers’ Compensation statutes. In general, this means injuries that occur while the employee is performing assigned job duties and that keep the injured employee from returning to work for a week or more.

Workers’ compensation is a no-fault system. Even if the employee caused the workplace accident, he or she is entitled to receive benefits for a qualifying injury. In return, injured workers waive most of their rights to sue their employer and seek redress through the court system.

The four major workers’ comp benefits are:

• Medical expenses. South Carolina workers’ compensation pays for all of the injured worker’s necessary medical treatment related to a qualifying on-the-job injury. This includes surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. It may also pay for physical, occupational, and vocational rehabilitation.
• Temporary disability payments. Once an injured worker has missed seven days of work as a result of their condition, workers’ comp provides income replacement benefits at the rate of 66 2/3 percent of their average weekly wage based on the four quarters prior to their injury. For a temporary worker, the average weekly wage should be based on wages paid to an employee in a similar or like position or as promised to the injured employee.
• Long-term disability payments. If a temporary worker suffers total permanent disability in a workplace accident, wage replacement benefits can last for up to 500 weeks. If the employee has suffered a physical brain injury that is disabling or paralysis, they may be entitled to lifetime benefits.
• Death benefit. If an employee dies in a workplace accident, dependent immediate family members may claim a death benefit. Death benefits are 66 2/3 percent of the worker’s average weekly wage for up to 500 weeks. South Carolina workers’ compensation coverage also pays up to $12,000 for funeral and burial expenses.

Contact Our S.C. Workers’ Cop Attorneys

Workers’ compensation law is complex. Most full and part-time employees in South Carolina are covered by workers’ compensation insurance if they are injured on the job. If you are a temporary worker and have questions about whether you are eligible for workers’ comp after a workplace accident, speak to a North Charleston workers’ compensation attorney at Joye Law Firm.

We’ll assess your case for free and work to obtain all of the benefits you are due. Call 888-324-3100 or reach out online today.

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Is it Worth Hiring a Lawyer After a Car Crash?

When you get into a car crash, you may be injured and more than likely will need your car repaired. You are probably wondering if you actually need to hire a lawyer, or if it’s possible to simply handle all of the negotiating with the insurance company about payment yourself.

However, in any crash that involves injuries, it’s almost always worth getting a lawyer involved.

Why You May Want a Lawyer

There are many reasons why people depend on lawyers to help them after auto wrecks, but the main reasons why people call our firm, and why we recommend people do so, include:

1. Insurance companies know that you likely don’t have a good idea of how much money you’ll need. What they offer you may cover all your bills from your initial hospital visit or even a bit more than that, but it probably won’t include what you’ll need for any and all future treatment you’ll require, including follow-up visits, prescriptions, surgery, physical therapy, crutches or wheelchairs, and so on. They will almost always come out with a lowball offer first. But a lawyer who has dealt with many cases similar to yours will have a better idea of what you should be demanding, and will have access to resources including expert witnesses like doctors and financial advisers who can back those numbers up.
2. Insurance companies may try to mislead you. It doesn’t happen every time, but it does happen. The insurance adjuster assigned to your claim may try to say that you are not eligible when you are, or even that if you reject their initial offer, you won’t receive anything at all (which isn’t true). A lawyer can cut through the legalese of your insurance policy and make sure you know what’s true, what’s not, and what your rights are.
3. Insurance companies know that injury victims need money right away. One thing we make sure to tell all our clients at Joye Law Firm is that you are NOT required to resolve your injury claim and your vehicle repair claim at the same time. You can and should handle these separately. So even if you need a check right away so you can get your vehicle repaired, you can still keep negotiating the compensation for your medical expenses. Don’t allow an insurance company to pressure you into accepting an offer you know isn’t enough because the bills are piling up and you need transportation. A lawyer can help make sure you aren’t tricked into accepting a bad offer while also making sure you can get your car fixed and still get the treatment you need by negotiating with healthcare providers.
4. You need rest and time to recover. Injuries are painful and extremely stressful, especially if you are also unable to work. And when you are in pain and stressed, you may not be in the right frame of mind to be making important decisions, like determining a fair settlement offer. Hiring a lawyer allows you to focus on just getting better without the frustration of dealing with legal red tape and an argumentative insurance company yourself.

Is It Difficult to Win a Personal Injury Lawsuit?

While it is legal to represent yourself in a personal injury lawsuit, there is a reason lawyers spend so many years in school. The legal code is extremely complex, and it can be difficult to take on a big insurance company by yourself without the backing of the years of education, experience, and resources a law firm has.

In addition to all the paperwork and deadlines, there are also four main things you will have to prove:

• The other person or party was negligent.
• You were injured.
• The other person or party’s negligence was directly responsible for causing your injuries.
• You suffered damages as a result.

Failing to sufficiently prove even one of these could cause you to lose your lawsuit, which may be more difficult than you expect, especially when the other party disputes their negligence or that it was their negligence rather than your own that caused your injury.

How Much Can a Lawyer Get Me in a Personal Injury Lawsuit?

There is no exact number in answer to this question, as it can vary greatly on a variety of factors, including:

• the severity of the injuries,
• the length of recovery,
• how much the victim’s daily life was impacted,
• how much their ability to work and provide for themselves and their family was impacted (especially if the injury resulted in permanent disability),
• how much pain they suffered,
• and how much emotional distress the injury caused.

However, you will generally be able to receive 2-3 types of compensation.

• Economic damages, which include medical bills, lost wages, and so on.
• Non-economic damages, which include pain and suffering.
• Punitive damages, which are not guaranteed, but may be awarded to punish the at-fault party for excessive negligence, such as driving while under the influence of drugs or alcohol.

You Don’t Pay Unless You Win

One of the main reasons we hear that people don’t want to hire a lawyer is because they think they can’t afford it. However, many personal injury lawyers, including those at Joye Law Firm, work on a contingency fee basis. This means that their payment comes out of the settlement offer or trial verdict, so if we don’t get you money for your injury, you don’t have to pay. There are no upfront fees, including no cost to speak to a lawyer about your case.

Get a Free Case Review Today

If you’ve been injured in a car accident, don’t waste time arguing with an insurance company who doesn’t have your best interests in mind. They only care about making money for themselves, but our entire job is to get money for YOU.

Contact us today for a free case evaluation and learn how our team can help you get the compensation you deserve after an injury that wasn’t your fault.

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Workers’ Compensation for Workers Injured in an Unsafe Office in North Charleston

When most people think of workers’ compensation, they think of construction workers with hard hats. But the truth is, workplace injuries can happen anywhere. That’s why South Carolina requires employers with more than 4 employees to carry workers’ compensation insurance coverage. Workers’ compensation is a no-fault insurance program covering employees who are injured or become ill while on the job. In exchange for providing insurance to pay an injured worker’s medical bills and a portion of lost wages, businesses are shielded from being sued directly in a personal injury claim by their workers for workplace accidents.

For most workplace injuries, seeking workers’ compensation benefits is the injured employee’s only recourse. In certain cases, however, an injured worker also may also pursue a third-party personal injury claim. The third-party who is at fault must be unrelated to the employer, such as an outside vendor or other business sharing the same office space. For example, Joye Law Firm represented a worker who was injured in a fall. Not only was the injured worker’s attorney able to negotiate a workers’ compensation settlement, but we also recovered a substantial settlement from the third-party vendor that performed work that created the fall risk.

To learn more about your options, contact  Joye Law Firm at 888-324-3100 or fill out our online case evaluation form. Our South Carolina workplace injury lawyers can help you explore every potential avenue of recovery for your on-the-job injuries.

Common Causes of Office Injuries

Working day in and day out in a seated position, talking on a phone, writing or typing on a computer, and using other office machines presents the potential for repetitive stress injuries to the hands and wrists, such as carpal tunnel syndrome.

In addition, office employees face many of the same hazards as other workers:

• Fall hazards, from slippery floors, and cluttered floors creating tripping hazards.
• Lifting. Even small loads such as stacks of files or a computer monitor can cause injury if lifted improperly.
• Being struck by objects, bumping into objects, or getting caught between objects, such as bumping into furniture or other people; being hit by objects that fall from shelves or cabinet tops, or cabinets falling over and crushing workers against the floor.
• Strain from poor ergonomics. A poorly designed workstation can create unsafe work conditions and cause a variety of musculoskeletal problems.

The most common types of injuries among office workers include:

• Neck pain
• Strains, sprains, and muscle tears
• Vision strains
• Broken bones
• Cuts and lacerations
• Traumatic brain injuries
• Back and spine injuries
• Electrocution injuries
• Burns
• Illness due to workplace conditions

What Happens If I Get Injured in an Office?

If you are injured in an accident while performing your job, or the injury grew out of your work responsibilities, you may qualify for workers’ compensation benefits.

A workers’ compensation attorney from Joye Law Firm can help make sure your claim is filed correctly and that you receive the full benefits available by law. Even if your workers’ comp claim has already been denied or disputed, we can file an appeal and present your case to the South Carolina Workers’ Compensation Commission. Employers and/or their insurers sometimes wrongly deny workers’ compensation claims to save money or because of a misunderstanding of the facts.

Joye Law Firm can also represent you and protect your rights if:

• You have a third-party claim. As we mentioned above, a third-party claim is a standard personal injury lawsuit against someone other than an employer or a co-employee who is responsible for a workplace accident or injuries, such as an outside vendor or contractor, or others. By pursuing a third-party claim, you may seek compensation not available from workers’ compensation.
• You have been retaliated against for complaining or filing a worker’s compensation claim or a complaint about a health or safety issue. It is illegal for an employer to terminate an employee simply for filing a worker’s compensation claim. Also, the whistleblower protection provision of the OSHA Act prohibits any business from terminating or in any manner retaliating against an employee who has complained about unsafe or unhealthful work conditions or exercised other rights under the OSHA Act. If you file a complaint within 30 days of the alleged retaliatory action, OSHA may order your reinstatement and payment of back pay plus damages (compensation).
• Don’t I Have the Right to a Safe Workplace in South Carolina?
• Under the South Carolina Occupational Safety and Health Act (OSHA Act), the state is responsible for the enforcement of occupational safety and health standards in almost all workplaces in South Carolina. Most of the state’s shipbuilding, ship repairing, and shipbreaking operations remain under federal jurisdiction under the Longshoremen and Harbor Workers’ Compensation Act.
• Under laws administered by the S.C. Occupational Safety and Health Administration, employers are required to provide places of employment that are free from recognized hazards that are likely to cause death or physical harm. Employers are also responsible for following health and safety directives as issued by the state’s director of Labor, Licensing, and Regulation.
• Each employee is obligated to comply with OSHA standards and all rules, regulations, and orders that apply to their workplace duties, actions and conduct.
• If an employee believes there is a serious hazard or their employer is not following OSHA standards, they have the right to file a complaint and request OSHA inspections of their workplaces. Workers do not have to know whether a specific OSHA standard has been violated in order to file a complaint.
• The OSHA Act defines a hazard as a condition, practice, or act that could result in an injury or illness to an employee.
• SC OSHA recommends that employees try to resolve safety and health issues by reporting them first to their supervisors, managers, or the workplace safety and health committee. But, employees can file a complaint with the SC OSHA at any time.
• If a violation is found, OSHA may cite the business and fine the employer. However, OSHA citations may only be issued for violations that currently exist or existed in the immediately previous 6 months.

Contact a Joye Law Firm South Carolina Workers’ Comp Lawyer Today

Our workers’ compensation attorneys have been helping hard-working South Carolinians obtain the workplace injury benefits they deserve for more than five decades. Our legal team is one of the largest and most respected workers’ compensation practices in the State. We know just how important workers’ compensation benefits are to you and your family when you are out of work with an injury. We’ll protect your rights to benefits and from retaliation.

Joye Law Firm can help you throughout the workers’ compensation benefits process, including identifying and pursuing potential third-party claims. To speak to one of our lawyers about your on-the-job injury, call 888-324-3100 or visit our contact page to schedule a free and confidential case review.

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5 Signs The Insurance Company May Try to Deny or Underpay Your Car Accident Claim

Our car accident attorneys often remind clients that insurance companies are for-profit businesses. It’s part of their business model to try to underpay accident claims.

Our attorneys have seen many examples of how insurance adjusters work car accident claims to the advantage of the insurance company. If you are dealing with a serious injury, you are at a disadvantage when trying to settle a claim with an insurer on your own. You need knowledgeable guidance.

For over 50 years, Joye Law Firm has helped South Carolinians recover appropriate insurance payments after being injured in car accidents. If you’ve been injured in a car accident in South Carolina, contact Joye Law Firm. Having a strong lawyer standing up for you is the quickest way to stop insurance companies from playing games with your claim.

Five Signs of a Car Accident Claim Going Wrong

Car accident claims are typically paid by the at-fault driver’s auto liability insurance. But for-profit insurance companies make money by paying out less in claims than they take in from insurance premiums. The insurance company does not welcome your car accident claim, particularly if you have suffered a serious injury.

You have to protect yourself after a car accident. Otherwise, the auto insurance company will seize the opportunity to save money on your case.

Here are five signs of potential problems with your claim.

1. There’s no police report.

Police respond to most car accidents in South Carolina and file a report. A police report documents the basic facts of the accident and may indicate who was at fault. Without a police report, if the other driver denies fault or blames you, the insurance adjuster has reason to question your account of the accident and your claim.

It is important to summon police to any car accident. Ask how you can obtain a copy of the police report. Get a copy of the police report as soon as possible. If your injuries prevent you from attending to this, then ask a friend or family member to contact the police on your behalf and ask for a copy of the report.

If the police did not respond to your accident, and there is no police report, contact an experienced attorney right away. There are alternative forms that the attorneys at Joye Law Firm can assist you in completing to help preserve the viability and strength of your claim.

2. You are asked to provide the insurer with a recorded statement.

The insurance company does not need a recorded statement from you to process your car accident claim. This is a gambit to see whether you will say something that damages your claim. You might say something the insurer can use to imply that you were at fault or contributed to the accident. You may say something innocently that the insurance company can twist and use against you in an effort to minimize your legitimate injuries and damages.

These kinds of tactics complicate your claim and wear you down.

If you are asked to record a statement, politely but firmly decline to do so. If you are on the phone, hang up – because they are probably recording you regardless of what you say. Contact an experienced attorney who can help protect your right to be fairly and properly compensated.

3. A third-party appraiser is handling your claim.

This is the insurance company telling you that they want to keep the response to your claim at arm’s length. Instead of handling the claim themselves, they’ve called in an independent company whose decision they’ll have to go by.

An insurance adjuster’s or claim appraiser’s job is to get the claimant to accept the lowest settlement offer possible. Unfortunately, there’s not much you can do about a third-party appraiser’s low-ball settlement offer other than to reject it. Let them do their bit and give you the settlement offer, but DO NOT SIGN anything. Tell them you’ll consider the offer, and promptly contact a lawyer.

4. A quick settlement offer.

If you have significant injuries and the other driver’s insurance company makes a quick settlement offer, you should have an attorney review it. Typically, quick settlement offers are attempts by the insurer to close a claim and limit their liability before the true costs of the medical treatment are known.

If you accept an insurer’s offer, you cannot go back to the insurance company and ask for more money later if your medical expenses exceed the settlement. Before accepting or signing anything, have an experienced lawyer evaluate whether the offer is reasonable based on the severity of your injuries. Our personal injury attorneys at Joye Law Firm can review a settlement offer, the circumstances of the car accident, and the extent of your injuries and discuss your legal options. If by chance the settlement offer is fair and reasonable, we’ll tell you that.

5. The claim starts to drag on.

Delay tactics are common. Meanwhile, you have bills piling up. The insurance company is hoping that as you experience financial stress from unpaid bills, you’ll be willing to accept just about any offer simply to move on.

An insurance company acting in good faith can wrap up a fender-bender case with out-patient injuries in about 30 days, or a crash with injuries requiring a short hospital stay in about 90 days. For an accident with serious or catastrophic injuries, the claim could take a year or more to resolve as the accident victim recovers.

During a more complex claim, what matters is the insurance company’s responsiveness. It should always be prompt. If you have a hard time contacting the insurance adjuster or the rep assigned to your case, that’s a red flag. An attorney can deal with the insurance company on your behalf so you can focus on your recovery.

Our South Carolina Car Accident Attorneys Can Help

If an insurance company is disputing your claim or trying to settle the claim for less than fair value, you should seek an attorney’s guidance about the appropriate response. Having an experienced personal injury lawyer representing you shows that you are serious about being treated fairly. You don’t have to bow to an insurance company’s pressure tactics.

Our car accident attorneys at Joye Law Firm can investigate the circumstances of your car accident and gather evidence to support your claim. If someone else was at fault, we can file a claim against the at-fault driver’s insurance and be ready to file a personal injury lawsuit on your behalf if necessary. Because of our skill and experience handling personal injury cases in South Carolina, we are often successful at negotiating a fair car accident settlement without going to court. That allows you to receive the money you need more quickly. Our attorneys do not charge a legal fee unless we secure compensation for you.

Just call Joye. Contact us at (877) 936-9707 or use this online contact form for a free case review today. We know just what to do when insurance companies act in bad faith, and we know how to secure for you the proper compensation you are legally entitled to and deserve.

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How to Prove the Other Driver was Drunk After a Crash

It is not necessary to prove that the driver who caused your crash was drunk to prove that they were negligent. However, if you can show that they were intoxicated when they struck you or your vehicle, it will be much easier to win your claim and you may be eligible for significantly more compensation. In fact, victims of drunk driving crashes may even be eligible to receive punitive damages, for which there is no cap in South Carolina when they are the result of injuries caused by drug or alcohol intoxication.

Signs of Intoxication

If you notice someone driving excessively slowly, struggling to maintain their lane, failing to stop at red lights or stop signs, or showing any other erratic behavior, it could be a sign that they are intoxicated. Even driving with the windows down at night could be a sign of potential intoxication, as it is a common method drunk drivers use to try to keep themselves awake and alert.

After a collision, look for the following signs of intoxication when speaking with the other driver as you exchange information:

• Slurred speech
• Watery or red eyes and dilated pupils
• Smell of alcohol
• Lack of coordination (such as when retrieving their license or insurance card from their wallet or getting in and out of their vehicle)
• Stumbling or inability to stand straight
• Lack of attention, inability to concentrate, and difficulty answering questions
• Difficulty staying awake

These are all common signs of intoxication and should be reported to the responding police officer and your lawyer.

What You Can Do

You should always call the police after any car accident involving injuries or property damage, and if you suspect the other driver is drunk, make sure you inform the police officer when they arrive at the scene.

If you noticed erratic driving behavior before being hit, that can be included in your testimony as well. Dashcams are an excellent way of recording this behavior for proven evidence.

The responding police officer can conduct a sobriety test or breathalyzer at the scene, and if they agree with your assessment, they should include it in their accident report, which can be later used as evidence in your injury claim. They may also order a drug test, which can also be later used as evidence.

If there are any witnesses on the scene, make sure to collect their information so they can back up your testimony by saying they also noticed signs of intoxication.

What Your Lawyer Can Do

Your lawyer’s job is to collect evidence proving that your degree of fault was low or non-existent and that the other driver was negligent. They can do so by following up with witnesses and drug test results, whether any DUI convictions resulted from the crash, and by discovering if the driver who hit you has a record of prior drunk driving convictions.

Your lawyer may also look into where the driver was before the collision, such as a bar, and speak to any potential witnesses there who can confirm the driver was visibly intoxicated when they left, or look at their bar tab, receipt, and credit card statements to see how many drinks they may have ordered while there.

Another method your lawyer may use is obtaining video evidence of erratic driving from traffic cameras or security cameras from nearby businesses.

If your case prepares to go to trial, your lawyer will also have a chance to interview the other driver during deposition, where they will be required to answer questions such as how much they had to drink before getting in the car.

Civil Cases are Easier to Prove than Criminal Cases

One thing that works in favor for victims of drunk driving crashes is that the burden of proof is lower in civil court than in criminal court. Unlike criminal court, where it must be proven “beyond a reasonable doubt” that the other driver was drunk, you and your lawyer will only need to show that it is “more likely than not” that the other driver was drunk when they injured you.

Furthermore, civil cases and criminal cases are completely independent from each other. That means you can still prove to the satisfaction of the court that the other driver was drunk and caused your injuries even if they are never convicted of DUI in criminal court.

Let Us Help You Get the Compensation You Deserve

Purposefully getting behind the wheel of a car when drunk is heinous and inexcusable. When you or someone you love has been injured because of someone else’s disregard for your safety by driving drunk, you deserve compensation, and our team is ready to help you get it.

We’ve helped many people who were hurt by drunk drivers; we know the devastation it causes families, and we know how to prove those drivers’ negligence to get the victims the help and justice they deserve.

Contact Joye Law Firm today for a free consultation with a South Carolina drunk driving injury attorney.

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Dangerous Intersection at Highway 17 and Davison Road in Ravenel, SC

There has been yet another serious accident at a well-known intersection in Hollywood, this one involving an SUV and a tractor-trailer.  Residents and commuters are all too familiar with the intersection of the Savannah Highway (US Highway 17) and Davison Road (State Road S10-317), between the Rantowles Creek and Wallace Creek bridges near Hollywood.

Preliminary numbers from South Carolina state officials indicate that there have been over 15 wrecks at or near the intersection within the last few years alone. Residents living in the area have been raising the alarm about the dangers, saying traffic on the Savannah Highway often disregard the light, making merging from Davison Road onto the four-lane highway especially dangerous. This week, the South Carolina Department of Transportation told local media they will be reviewing the intersection to see if improvements are necessary.

Recent SUV Crash in the Area

According to reports, the latest wreck occurred when a southbound 18-wheeler traveling around 55 mph ran the red light, crashing into an SUV that was turning left from Davison Road. The driver of the SUV, a local firefighter who serves as an Assistant Fire Chief for the St. Johns Fire Department, was transported to MUSC with life-threatening injuries and was initially placed on a ventilator.  Thankfully, he has shown encouraging signs of recovery and was listed in fair condition. Nonetheless, he and his family face a long road to recovery and an uncertain.

St. John’s Fire District/Facebook – Credits to ABC4

While grateful to see this gentleman’s progress, it is still so sad to see yet another life completely upended by an 18-wheeler collision. It is something I have seen time and time again in my nearly 30-year legal career. Tractor-trailers are 80,000 lbs machines often barreling at or above highway speeds. It takes an incredible amount of skill and maintenance to keep them operating safely. However, downtime often means lost money. This tremendous amount of pressure to get from Point A to Point B as quickly as possible often results in corners getting cut and safety taking a backseat to profits.

When you have worked on trucking accident cases for as long as I have, you learn a few things about how trucking companies operate. I’ve seen first-hand the lengths trucking companies will go to deny their liability, obfuscate the process, and twist themselves into knots to avoid having to pay for the severe damage they cause. In an industry driven by profit, trucking companies are more interested in taking care of themselves than in taking care of the victims. Anyone unfamiliar with the law or inexperienced with trucking cases may find themselves victimized twice in the process.

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How Logging Accidents Happen in North Charleston

South Carolina’s strong agriculture industry is known for producing a wide bounty of crops and goods, making “Certified SC” stickers a familiar site in most local grocery stores. However, some South Carolinians may be surprised to learn that timber is actually the state’s top harvested crop.

South Carolina’s forest products sector leads manufacturing jobs in the state, with about 90,600 men and women employed in the industry, according to the Southern Carolina Alliance, one of eight regional S.C. economic development alliances.

The Occupational Safety and Health Administration (OSHA) considers logging the most dangerous occupation in the United States based on the injury rates. The harvesting of timber employs tens of thousands of people each day in South Carolina, so statistically speaking, accidents are bound to happen.

OSHA logging standards are intended to prevent many logging accidents and greatly reduce the number of lost-work-day injuries that occur in the logging industry. However, not all risks can be eliminated. In 2019 alone, there were 57 fatal accidents in logging. In South Carolina’s wood product manufacturing industry, 300 nonfatal accidents occurred, according to federal and state records.

What Makes Logging Dangerous?

Logging operations primarily consist of felling and moving trees and logs from woodlands to delivery destinations, and moving heavy machinery, equipment, and personnel to and from logging sites. Loggers face hazards associated with marking dangerous trees, removing broken limbs from trees, cutting a felled tree into logs, debarking, chipping, loading, unloading, and storing logs.

In addition to the hazards of working around chain saws, chippers, logging machines, and other heavy equipment, loggers deal with the massive weights of falling, rolling, and sliding trees and logs.

Logging work often takes place under dangerous conditions, such as in uneven or rough terrain, inclement weather, including rain, snow, lightning, wind, and extreme heat or cold.

Forestry is also among the top industries for exposure to hazardous noise, which can contribute to hearing loss. Noise-exposed workers in forestry and logging have a higher percentage of hearing loss (21%) than all noise-exposed industries combined (19%), the National Institute for Occupational Safety and Health (NIOSH) recently reported.

Because logging sites are usually remote, medical facilities are often not immediately available to loggers who are injured on the job.

Most Common Logging Accidents

Loggers deal with many hazards as part of their job duties. Logging injuries often occur because of:

• Falls. “Slip and fall” and “trip and fall” accidents are the most common workplace injury, regardless of industry. There are countless reasons a logger working in a forest might slip or trip and fall as the logger negotiates uneven terrain, mud, wet leaves, loose rock, roots, holes, and cut branches, logs, or stumps. Workers also are at risk of falling from trees, lifts, skidders, loading platforms, and logging trucks and suffering injuries.
• Falling objects. Nearly 25% of all logging accidents are caused by falling logs, limbs, or trees that hit people. Logs fall from skidders, loading platforms, or logging trucks, if not properly secured. Loggers who work up in trees may be struck by a falling limb that they are attempting to remove. Loggers working at heights also may drop tools and equipment that strike people below.
• Being struck by objects. During an active logging operation, wood chips, limbs, bark, sawdust, and stones can be thrown by chainsaws, chippers, and other machinery that can cause injuries. Chainsaws can kick back and strike the operator if the chain is not adequately sharpened. Motor vehicle accidents in which workers are struck by vehicles, particularly in backover accidents, are also a common hazard on logging sites.
• Caught-in or caught-by accidents. Workers can be crushed or cut when caught up or trapped by such objects as chippers, rolling logs, cables, vehicles and pinned against another object, such as a tree, embankment, or machinery.
• Inclement weather. Since most work is done outside, loggers are exposed to everything Mother Nature can throw at them. Precipitation can cause slippery conditions. Exposure to extreme temperatures can cause a logger’s body to enter hypothermia or hyperthermia, both of which can be fatal.. Lightning strikes, which may hit individuals or a tall tree in an area being cleared, can also cause death or serious injury.
• Defective equipment. Machinery and equipment that have a manufacturing or design flaw can injure or kill the user or others. For example, design flaws in power tools may result in a lack of adequate safety guards or damaged insulation that causes shock, electrocution, or burn hazards. Additionally, even well-designed machinery can cause injuries if there is a failure to properly service and maintain them or if the wrong equipment is being used for the job.

Common Logging Site Accident Injuries

Because logging is strenuous work, loggers often develop cumulative injuries caused by wear and tear on the body.
However, the traumatic injuries suffered the most frequently in the logging industry are serious cuts and crush injuries, which happen when too much pressure is applied to a body part. A crush injury can occur when part or all of the body is pinned between heavy or immovable objects, such as a fallen tree and the ground. Blunt force can also crush body parts.

Crush injuries may involve:

• Broken bones (fractures)
• Head and traumatic brain injury (TBI)
• Spinal cord damage, potentially causing paralysis
• Internal organ damage, which can lead to shock
• Internal bleeding, which can also lead to shock
• Crushed digits (fingers and toes) and limbs

Chainsaws and other logging equipment and tools with sharp edges can cause serious lacerations, including traumatic amputations and eye injuries caused by debris such tools send flying.

The noise emitted by chainsaws, at 91-110 decibels (dBA), and other equipment, such as cable winches (92 dBA), exceeds the federal “hazardous noise” threshold of 85 dBA. Long-term exposure to noise at this level can cause hearing loss.

Contact a North Charleston Workers’ Compensation Attorney

An on-the-job injury may entitle an injured South Carolina logger to workers’ compensation benefits. Workers’ compensation benefits also are available for loggers who suffer cumulative injuries, such as hearing loss or disabling back or shoulder injuries caused by soft tissue stress and strain inherent in the job.

After being hurt, the South Carolina workers’ compensation claims process can seem daunting and confusing. With all the law’s complexities and your future needs hanging in the balance, it’s not the type of case you should entrust to just any attorney. You need an experienced South Carolina attorney who knows how to navigate this process.

The workers’ compensation lawyers of Joye Law Firm have been helping injured workers in South Carolina recover the full benefits available by law for more than 50 years. If you have been injured on the job in the forest products industry and you have questions about the workers’ comp benefits available, contact Joye Law Firm. We will review and advise you about your accident, injury, and workers’ comp claim during a free consultation. If we handle your workers’ compensation claim, we won’t charge for any other work we do unless we recover benefits for you. Call us at 888-324-3100 or reach out online today.

 

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How Much Can I Get for Pain and Suffering in South Carolina?

When someone is injured through no fault of their own, they can get compensation in a personal injury lawsuit, and the purpose of that compensation is to get the victim as close as possible back to how they were before the accident that never should have happened.

But while injuries can heal and a check can pay back all the medical bills and lost income, that’s not enough to fully compensate victims of injuries. The money spent or lost wasn’t the only consequence of the injury: the victims also experienced a great deal of physical pain and emotional distress lasting for weeks, months, or even longer. And they deserve to be compensated for that too.

Although we can’t turn back the clock and stop that pain and suffering from happening, the team at Joye Law Firm works hard to make sure that our clients are compensated for everything their injuries put them through.

How to Prove Pain and Suffering

It might seem like pain and suffering would be hard to prove, because no one can feel the pain except the injury victim themself. While proving pain and suffering can be difficult for this reason, it’s not impossible, and your lawyer can look to numerous sources as evidence to prove your pain and suffering. These may include but are not limited to:

• Testimony from your medical provider(s)
• Testimony from people close to you (friends, family, coworkers)
• Prescriptions for any pain relievers that were written for you post-injury
• Journal entries (keeping a daily diary detailing your pain level, mood, and treatment stages after an injury can be useful evidence)

How Are Pain and Suffering Damages Calculated in South Carolina?

Pain and suffering damages are also called “non-economic” damages because there’s no easy way to put an exact dollar value on them like you can for “economic” damages like medical expenses and lost wages. Or as the South Carolina Supreme Court puts it, “Pain and suffering have no market price.”

Victims and their legal teams can request a certain amount, and insurance companies can still offer a certain amount, but ultimately, when personal injury claims go to trial, it will be up to the jury to decide how much is owed for pain and suffering.

There is no simple answer on how much an injury is worth in terms of pain and suffering because it depends greatly on the individual. For example, while a broken finger may not be a significant injury for many people, it could be devastating for a musician.

Aspects that are taken into consideration when calculating pain and suffering damages include:

• The severity of the pain and how long it took the injury to heal
• The general health of the victim before and after the injury
• The age of the victim (especially when considering permanent or disfiguring injuries)
• The limitations the injury posed or poses on the victim’s daily activities
• Whether the injury impacted the victim’s ability to participate in and enjoy their hobbies
• The impact of the injury on the victim’s relationships with friends, family, and coworkers

Our firm looks closely at the ways our clients’ injuries have negatively impacted their lives to help determine a fair amount of compensation for their pain and suffering.

How the Insurance Company Calculates How Much to Offer

While your lawyer and the jury will consider all of the above, it’s also important to recognize how the insurance company will decide how much to offer, which is significantly less personalized.

There are two main methods:

1. Multiplier Method: This method simply takes the amount of money owed for your economic damages and multiplies it by a number between 1 and 5. So if you had $10,000 in economic damages, and a multiplier of 3, they would offer $30,000 in pain and suffering damages.
2. Per Diem Method: This method determines an amount to provide per day, multiplied by the number of days it takes you to recover from your injury. So if they decided on $100 per day, and you needed 6 months (180 days) to recover, they would offer $18,000 in pain and suffering damages.

Is There a Cap on Non-Economic Damages in South Carolina?

South Carolina does NOT have a cap on how much an injury victim can receive in damages for their pain and suffering after an injury. The only exception is for medical malpractice claims, which are limited to $350,000 per claimant.

Contact Us for a Free Case Evaluation

Injuries impact accident victims in so many ways that go far beyond the time they spend in the hospital. Our goal is to make sure that injury victims are compensated for all of it. After a car crash or other accident, contact Joye Law Firm to speak to an experienced South Carolina personal injury lawyer about how your injury has affected your life and what you should demand from the at-fault party. Your initial consultation is always free, with no obligation to hire.

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