Wednesday, November 30, 2022

Safety Tips for Your Holiday Gathering

The holidays offer many opportunities to gather together for a special celebration. But many holiday traditions can prove hazardous when individuals fail to take safety precautions. At Joye Law Firm, we care about keeping you safe. Here are some safety tips to keep you and your loved ones out of harm’s way at your next holiday gathering.

Safety Tips for Hosting Parties at Your Place

Here are some household safety tips to keep in mind if you’re hosting friends and family at your home:

  • Check the house for potential safety hazards Before visitors arrive, walk through any part of your property that will be open to guests. Take note of any risks or defects that could compromise safety. If you identify any hazards, address them promptly. Tighten handrails, clean vents, add non-slip area rugs to slick floors, and fix tripping hazards like loose cables and clutter.
  • Make sure safety detectors are working – Test smoke, carbon monoxide, drowning prevention, and other alarms around your property to ensure they’re functional. Invest in automatic light timers or alarm systems to keep your home well-lit and secure.
  • Plan to keep children entertained and safe Always ensure kids are supervised inside and outside the home, especially in the kitchen. Keep kids at a safe distance from hot or uncooked food, sharp objects, and flammable materials. Keep dangerous items like window shade pull cords, open candle flames, electrical cables, and choking hazards out of the reach of little hands, too.
  • Don’t drink and drive South Carolina sees many drunk driving car accidents over the holiday season. Don’t make an emergency run to the grocery store if you’ve been drinking. Avoid cooking near hot stoves or monitoring turkey fryers if you’re under the influence. One bad judgment call could lead to a tragedy.

Kitchen and Food Safety Tips for Holiday Meals

According to the National Fire Protection Association, more home cooking fires happen on Thanksgiving Day than on any other day in the United States. In one recent year, U.S. fire departments responded to roughly 1,400 home cooking fires on Thanksgiving. The rest of the holidays aren’t far behind.

Follow these fire prevention tips to keep your home safe this holiday:

  • Never leave ovens, stovetops, or other heat sources unattended.
  • Use a timer and check the food you are cooking at regular intervals.
  • Never place glassware on a stovetop since it might explode from the direct heat.
  • Keep pot holders, food wrappers, loose clothing, and other flammable items away from hot surfaces, candles, and kitchen cooking fires.
  • Position pots and pans on the stove with their handles turned inward.
  • If you deep-fry any food, place the fryer outdoors and away from walls and fabrics.
  • Make sure food is completely thawed and dried before adding it to hot oil for frying.
  • Never attempt to douse an oil or grease fire with water. Instead, quickly turn off the heat source, pull on some oven mitts, and smother the flames with a lid.
  • Have an accessible, working fire extinguisher, and make sure you know how to use it.
  • Never leave children or animals unattended near hot surfaces or open flames.

Follow these additional kitchen and food safety tips when serving holiday meals:

  • Check with guests to learn whether they have allergies or other dietary restrictions. Plan to let them know which foods to avoid at dinner.
  • Wash hands thoroughly with soap and water before and after handling food.
  • Sanitize all food preparation surfaces and utensils.
  • Keep raw meat away from other uncooked food, vegetables, and cooked meats. Use separate cutting boards for each and sanitize after every use.
  • Never keep fresh or thawed turkeys in the refrigerator for more than two days before cooking. For frozen turkeys, plan on allowing one day of thawing in the refrigerator for every five pounds of meat.
  • If you plan to cook stuffing inside a turkey, wait until just before you roast it. Use a meat thermometer to ensure an internal temperature of 165°F.
  • Contact the U.S.D.A. Meat and Poultry Hotline at (888) 674-6854 for turkey and meat-related cooking safety questions.
  • Refrigerate leftovers within two hours of cooking and eat within four days. If you freeze leftovers, do it immediately, not after the food sits in the fridge for days.

Holiday Road Trip and Air Travel Safety Tips

The holiday season is  one of the busiest travel times of the year. Keep these road trip and air travel safety tips in mind:

  • Make a travel plan – Check routes ahead of time for detours, road work, or poor driving conditions.
  • Allow for extra travel time Expect traffic delays. Don’t commit to arriving at a specific time to reduce stress and combat the urge to speed to get to your destination.
  • Check your vehicle for safety Ensure tires, fluids, wipers, and brakes are in good shape before hitting the road.
  • Create an emergency kit for roadside emergencies Include blankets, road flares, flashlights, phone chargers, water, snacks, and first aid kits.
  • Drive carefully and considerately at all times – You’ll likely encounter dangerous or inconsiderate drivers on your trip. Be patient, and don’t provoke aggressive drivers by yelling, flashing your lights, or brake-checking These behaviors could spark a road rage accident.
  • Bring activities to keep children busy Many distracted driving crashes happen when parents try to attend to kids’ needs while driving. Provide snacks, pillows for naps, and entertaining books or toys for the journey.
  • Check car seats – Make sure your child’s car seat or booster seat is installed correctly and they are safely buckled before departing.
  • Restrain pets If you are traveling with pets, keep them securely restrained in the back seat with harnesses, pet seat belts, carriers, or crates. Pets can be dangerously distracting to drivers.
  • Plan for airport delays Getting through security and to your gate on time can be a hassle, even during non-holiday periods. Expect crowds, cluttered seating areas, airport construction, and shorter tempers among travelers due to holiday stress. Do your best to avoid slip-and-fall hazards or arguments with other passengers.

 For All Personal Injury Cases, Just Call Joye

If your holiday gets derailed by a car accident, home cooking fire, or any other harmful incident, don’t hesitate to contact the South Carolina personal injury lawyers at Joye Law Firm for help. Call us at (888) 324-3100 or contact us online for a free initial case review.

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Monday, November 28, 2022

Do I Get Back Pay for VA Disability Increase?

U.S. military veterans are eligible for monetary benefits and other assistance from the Veterans Administration if they have suffered a disability as a result of their service to our nation. When benefits are not paid from the start of the veteran’s eligibility, the VA will provide retroactive payments to make up for the loss.

In many instances, a veteran is due back pay because their disability has grown worse and the VA has been slow to grant an increased disability rating. Because the VA has a large backlog of cases, it is important for eligible veterans to be able to document their eligibility dates. The dates are used to determine what the veteran is owed in back pay as well as ongoing benefits.

If you are a disabled veteran in South Carolina, Joye Law Firm can help you seek all of the VA disability benefits you have earned with your service to our nation. If your disability rating has increased or should increase, we will help you get the back pay you deserve.

Contact Joye Law Firm in South Carolina about VA disability back pay you are owed today. Let us help you with your Social Security Disability back pay status, too.

What Is VA Back Pay?

The VA may owe a disabled veteran back pay for a number of reasons. Back pay is money a veteran was not paid during the time between when their disability began and when the VA granted the benefit for that disability and began sending payments. Back pay is an issue with the VA because it has a well-recognized backlog of claim cases.

A veteran may receive back pay in cases of:

  • First-time rating decisions for existing disabilities
  • Rating increase for a worsened disability
  • Addition of a secondary disability
  • Increase in existing VA disability payments

Veterans’ disability benefit amounts are based on disability ratings, which are assigned in increments of 10% from 0 to 100% according to the veteran’s disability and its severity. Some disabilities are automatically rated at 100%, which results in the highest benefit payment. Benefits also increase if the veteran has dependents such as a spouse, underage or disabled children, or elderly or disabled parents.

When the VA approves a claim or a disability rating, they assign it an effective date. That is the date the veteran was eligible to start receiving the benefit.

The effective date is usually the later date of either:

  • The date the VA received the claim
  • The date the disability was diagnosed

Back Pay for a Disability Increase

Many disabilities, particularly illnesses, grow worse over time. Veterans whose conditions have worsened may request a new evaluation of their disability rating. The veteran will be required to submit medical records that substantiate their claim of significant deterioration in their overall health and ability to function due to the previously rated disability. The VA may require the vet to undergo a new medical exam, known as a compensation and pension exam or C&P exam.

As with other benefit claims, the effective date is typically the date the VA receives the request for re-evaluation. If there is evidence that the condition worsened appreciably before the rating increase claim was received, the effective date could be set to the date of that evidence.

A veteran also may be due back pay by an act of Congress. Veterans’ benefits are paid according to the VA’s Schedule for Rating Disabilities, which is federal law. From time to time, Congress will pass a law that increases the disability rating of a particular condition or declares a new condition to warrant a disability rating. The change may be retroactive.

For example, the PACT Act of 2022 adds more than 20 new presumptive conditions for burn pits and other toxic exposures. If you have a presumptive condition, you don’t need to prove that your military service caused the condition. You only need to meet the service requirements for the presumption, such as service at specified locations and time periods.

Veterans who file new PACT Act claims may be eligible for disability payments retroactive to August 10, 2022, the date the law became effective, once they are ruled eligible.

In other cases, if Congress increases the disability rating of a particular condition and makes the change retroactive, veterans with that condition could be entitled to back pay for the difference between what they have been paid up to the date of the change and what they would have been paid under the new rating.

How Does The VA Calculate Disability Back Pay?

A veteran may be entitled to back pay benefits for the entire time between their effective date and the date their initial claim or disability rating increase was approved.

How much back pay a veteran may receive will depend on the length of time between the effective date of their claim or rating review request and the amount of the monthly benefit the veteran is entitled to receive.

If for some reason your request for a higher rating was stalled over several years, the VA can award you a staged rating, or a rating that gradually increased over the time you were waiting for your rating, and the back pay it warrants.

If you are due back pay over several years, the VA should also take inflation into account as it determines what you are owed.

Contact the Best South Carolina Veterans Disability Lawyers

Contact Joye Law Firm now for a free consultation about increasing your VA disability rating. Our firm can help you determine whether you are entitled to a better benefit and provide sound legal advice on the claims review process.

We’re an established and professional South Carolina law firm with friendly veterans disability lawyers and staff who are easy to talk to about your VA disability questions. Please call us at 877-941-2615 or contact us online.

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How Nursing Homes Cover Up Abuse and Neglect

Sadly, a significant number of nursing home residents will suffer neglect and abuse during their stay in a nursing home facility. The World Health Organization says about 17% of those 60 and older have experienced abuse in a communal setting. 66% of nursing home and long-term care facility staff have reported committing abuse in the past year.

South Carolina’s long-term care ombudsman program investigates more than 8,000 complaints on behalf of long-term care residents in the state. With more than 43,678 beds in these facilities, there are likely many more unreported cases of neglect or abuse.

Nursing homes often cover up abuse and neglect cases to protect their reputation and jobs or to avoid legal issues from government agencies or concerned family members. Read on to discover the most common ways nursing homes cover up abuse and neglect and how the attorneys at Joye Law Firm can help you hold the negligent parties accountable.

How Nursing Homes Cover Up Abuse and Neglect

Abuse appears in many forms, including physical, emotional, sexual, and financial, as well as abandonment and neglect. Nursing homes cover up neglect and abuse to protect their reputations and avoid fines or litigation. Individual workers may cover up abuse to avoid losing their job.

These negligent staff, administrators, or physicians may cover up their mistreatment of residents with the following actions:

Reporting Falsehoods

This can include not reporting abuse or neglect to the family when it’s discovered and lying about how the injury happened. For example, a staff member might say a resident fell when in actuality a staff member pushed them.

The facility can also lie by telling the family or staff members that the abuse has been reported to state agencies when it hasn’t or there is no intention to report it.

Claiming Ignorance

A caregiver or the facility can claim they don’t know how an injury occurred or even that it did at all. They might blame the neglect or abuse on the victim, saying they are often uncooperative or hard to manage, so injuries that occur are the victim’s fault.

This situation typically happens in large care facilities with overlapping caregivers where it’s hard to pinpoint which caregiver is guilty of the abuse or neglect.

Falsifying Records

Falsifying records or patient charts can help hide the injuries that might be present on a resident. Sometimes, nursing homes delete reports that caregivers or family members have filed.

With no record of the abuse, the necessary agencies don’t have appropriate documentation to remove the victim or caregiver from the facility or hold facilities accountable for systemic abuse or neglect.

Hiding Evidence

Cleaning away evidence of abuse before it can be documented is a way for nursing homes to prevent accusations of abuse or neglect from other staff, state inspectors, and family members. If there is no evidence, it’s less likely that people will notice.

Examples might be hiding bruises or injuries with clothing or makeup, overmedicating victims so they don’t appear to be in pain, or rehearsing stories to cover up the actual events if an outside agency questions them.

What to Look for When Visiting Your Family in a Nursing Home

The signs of abuse in family members living at a nursing home are not always obvious or outwardly visible. Some symptoms may go unnoticed during visits or be explained away by care staff. However, you can look out for the following when visiting your elderly family member to ensure they are not being mistreated or abused.

Signs of mistreatment include:

  • Caregiver’s refusal to allow visitors
  • Unexplained bruises, scars, or burns
  • Bedsores
  • Change in banking or spending patterns
  • Sudden change in behavior, such as apologizing constantly
  • Unusual behavior such as rocking, biting, or sucking
  • Appears dirty, dehydrated, or underfed
  • Broken eyeglasses or frames
  • Appears under or over-medicated
  • Loved one seems depressed, confused, or withdrawn

Meet With a Lawyer at Joye Law Firm if You Suspect Abuse or Neglect

It’s crucial to get legal help as soon as you suspect abuse or neglect of your family member. An attorney with Joye Law Firm can help. An attorney can help you collect evidence before a nursing home hides it and investigate possible cover ups within the institution. Your attorney will also work to help you prove your loved one’s neglect or abuse claim and seek compensation to hold the guilty parties accountable.

Contact the South Carolina nursing home abuse lawyers at Joye Law Firm to schedule a free initial consultation. We are ready to answer any questions you may have about nursing home abuse claims and help you determine your next legal steps.

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Thursday, November 24, 2022

What To Do If You Have Chest Pain After a Car Accident

The violent impact of a car accident can cause broken ribs, punctured lungs, sternum fractures, and other serious injuries. If you experience any chest pain after being in a car accident, you should see a doctor immediately.

Chest injuries are not always obvious after a crash. Many people expect their pain to go away and discover after weeks of discomfort that they have untreated injuries.

If you feel chest pain that radiates down your left arm, you may be experiencing symptoms of a heart attack, possibly brought on by the trauma of the crash. This a medical emergency. You need immediate attention.

Once your chest injury has been diagnosed and you’ve begun treatment, you should consult an experienced lawyer to understand your legal rights if the accident was not your fault.

In South Carolina, a Joye Law Firm car accident lawyer can discuss the steps available to you during a free consultation. You should not be responsible for the hospital bills if someone else’s carelessness caused the crash. Our attorneys can help you seek compensation for medical expenses, loss of income, and other expenses that the at-fault driver’s insurance should cover. Contact us for a free consultation after you have met with a doctor and had your injuries diagnosed. If you are hospitalized, we can come to meet with you.

Causes of Chest Pain After a Car Accident

There are several ways to injure your thorax— the area between your neck and abdomen — in a car accident. When in the driver’s seat during a collision, you may hit your chest against the steering wheel. Passengers may be thrown against the dashboard, seatbacks, or doors.

Car occupants also may suffer airbag injuries to the chest and be hurt by the restraint of seatbelts during a crash. Chest injury patients don’t always remember how they were hurt in a crash.

The most common causes of chest pain after a car accident are injuries caused by blunt-force trauma. If you hit your chest against something or receive a hard impact to your chest, it can cause:

  • Broken ribs
  • Broken sternum (breastbone)
  • Fractured collarbone or shoulder blade
  • Punctured or bruised lung, either from a blow or a piece of broken rib or sternum.
  • Collapsed lung or hemothorax (blood between the lung and chest wall)
  • Other internal organ injuries, such as to the heart, liver, spleen, gall bladder
  • Cardiac tamponade, which is pressure on the heart caused by an accumulation of blood around it
  • Soft tissue injuries to muscles, ligaments, and tendons

Shortness of breath or chest pain that feels worse when you inhale after a blow to the chest indicates a significant chest injury.

Shortness of breath, drowsiness, confusion, or skin that is cold, sweaty, or blue indicates that the individual is in shock or is experiencing respiratory failure. Either one is a life-threatening condition. In shock, blood flow to the organs is low, decreasing delivery of oxygen and thus causing organ damage and sometimes death. Respiratory failure is the inability of the lungs to deliver enough oxygen to the bloodstream and body.

The severity of chest injuries cannot be determined without a doctor’s evaluation. A medical exam will involve x-rays in almost all cases, usually an ultrasound of the heart and lungs, and sometimes blood tests and electrocardiography (ECG), which measures the heart’s electrical impulses.

In addition to treating the specific injury, possibly with emergency surgery, care for chest injuries includes supporting the patient’s breathing and circulation. For some injuries, a tube must be inserted to drain blood or air from the chest.

Steps To Follow If You Feel Chest Pain After a Car Accident

If you feel chest pain after a car accident, you should see a doctor as soon as possible. You should follow all of the doctor’s orders for treatment, including hospitalization or other medical care, and for rest and time away from work.

If someone else caused a car accident that injured you, you may be able to recover compensation for your medical bills, pain, suffering, and more. In South Carolina, a Joye Law Firm car accident lawyer can help you. To prepare for a legal claim, you should:

  • Save all bills, receipts, and correspondence related to the accident, your injuries, medical care, and other expenses of dealing with the aftermath of the accident. For a successful claim, you will need to document your expenses and losses.
  • Report the accident to your insurer. If you have a specific medical diagnosis, report it. Do not downplay your injuries or your pain. Do not accept blame for the accident and don’t blame anyone else.
  • Record what happened. If you can remember, write in your own words what happened or record it vocally. Note what you were doing just before the accident, where you were going, and who was with you.
  • Do not sign anything from an insurance company. You could be releasing the insurance company from financial liability without realizing it. If you haven’t completed all medical treatment, it’s too soon to know how much money you should receive to cover your expenses and losses. 
  • Contact a car accident lawyer. A lawyer can help you seek a proper insurance settlement if you have suffered a chest injury in a car accident caused by someone else’s negligence or recklessness. Your attorney can handle all of the complicated steps involved in a legal claim, including gathering evidence, obtaining medical records, calculating your costs and losses, and negotiating with the insurance company. If necessary, Joye Law Firm can pursue a car accident injury lawsuit on your behalf.

Talk to Our South Carolina Car Accident Lawyers

If your life has been shattered by a car accident injury, our South Carolina personal injury lawyers can help you seek full compensation for your costs and losses. Joye Law Firm has more than 50 years of successful legal representation of the injured. We serve people across South Carolina from offices in Charleston, Columbia, Clinton, Summerville, and Myrtle Beach.

Contact us today for a free initial legal consultation at 888-324-3100 or online.

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Can You Fix Wrong Information on a Police Accident Report?

When you file a car accident claim with an insurance company, an insurance adjuster will review the official police report and other evidence to determine who was at fault and whether the claim should be paid. What happens if there are errors in a police report that cast inaccurate blame on you? Could you lose out on the compensation you need?

First, it is always advisable to obtain and review the police report as soon as possible after a car accident. Mistakes happen. Though police reports by themselves cannot be used to prove driver negligence in a lawsuit in South Carolina, insurance companies rely heavily on police reports when processing claims and negotiating pre-trial settlements. If a claim goes to court, the responding police officer’s testimony will be based on their report.

If you see an error of fact in a police report, you should try to contact the officer, deputy, or highway patrolman and ask to have the report corrected or amended. Unfortunately, there is no official procedure for disputing the contents of a police report. Some law enforcement officers are more cooperative than others. That’s why working with an attorney is important.

When handling your accident claim, an attorney at Joye Law Firm may be able to help if there is incorrect information in the police report filed after your South Carolina crash. Our attorneys are known to have helped clients when others have been unsuccessful. We can help with an accident claim. Call us at 877-936-9707 or fill out an online contact form to speak with a car accident lawyer in Charleston, Columbia, Clinton, Summerville, or Myrtle Beach today.

What Can You Do to Change a Mistake in the Report?

If there is a factual error in a police report – objective information such as a name or date that is incorrect– you’ll have more luck getting it changed. If you are seeking to change disputed facts – such as about how the accident occurred or who was at fault – you will have a tougher task.

In either case, you should be allowed to make a request and state your case to set the record straight.

First, obtain and review the report to see whether there are instructions for correcting an inaccurate police report. There may be instructions on the department’s website. If there are, follow them to the letter. If there are no instructions, find the responding officer’s name, any contact information available, and the assigned case or report number.

Act as soon as you can to contact the law enforcement officer directly or whomever you can within the department and be prepared to …

  • State exactly what it is you think should be corrected and where it is on the report. The sections of the police report are labeled.
  • Provide evidence that shows the correct information, such as a witness’s written statement.
  • Provide medical records or a doctor’s letter describing any medical conditions you have (which, for example, can cause slurred speech) or medications you take, which may have affected how the report depicts your actions or demeanor after the accident.
  • Provide a written narrative statement or photographs that tell your version of events. Ask that the information be attached as an addendum to the report. This should be typed and as accurate and specific as possible. Keep a copy.
  • Ask for a written response as to whether the officer will be able to accommodate your request.

In all dealings with the police, you need to be polite and business-like. State only facts that you can back up. Don’t cast blame for the accident or mistakes in the report on others. Do not accept blame for a car accident. If the officer who filed the report is uncooperative, contact the department and ask for that officer’s supervisor. Then, submit your request to that individual.

Contact a South Carolina Car Accident Attorney

Police arrive at car accident scenes after the fact and have to decide how to explain what happened. They may draw incorrect conclusions from what drivers and witnesses say because of conflicting information. They may misinterpret physical evidence. Sometimes they simply write something down wrong or check the wrong box. Regardless, you have the right to set the record straight, according to the way you see it.

It is best to act to change a police report as soon as possible. Joye Law Firm can help you have a police report amended while you focus on your injuries and other issues in the aftermath of a car accident. We can meet with you for a free, no-obligation discussion of your car accident and work to correct the record for you. If you are unsure whether you need to hire a lawyer, complete our free accident questionnaire.

Joye Law Firm has offices in CharlestonColumbiaClintonSummerville, and Myrtle Beach. We accept cases from across South Carolina. Call us now at 888-324-3100 or contact us online.

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Monday, November 21, 2022

Are Illnesses Covered Under Workers’ Compensation?

Picking up an illness as a result of your job can significantly affect your work duties. In 2020, workplace illnesses forced approximately 4,200 South Carolinians to take time off work or change their job duties. If your illness keeps you out of work for an extended period, you may be eligible for workers’ compensation.

South Carolina’s workers’ compensation laws cover employees who develop a work-related illness, but it isn’t always clear who is eligible. Read on to learn when an illness is covered under workers’ compensation in South Carolina and how Joye Law Firm can help you file your claim.

Does Workers’ Compensation Cover Illnesses?

While most people associate workers’ compensation with physical on-the-job injuries, South Carolina law also offers workers’ comp to employees who become sick due to their job.

However, catching a cold or flu at work does not make you eligible for workers’ compensation. To receive workers’ comp, the illness, referred to as an “occupational disease” in workers’ compensation claims, must be:

  • Caused directly by your work duties
  • A condition not considered an “ordinary disease of life,” like a cold or flu
  • Unrelated to the outside climate
  • Transmitted by someone other than a colleague
  • Unrelated to your joints

Some illnesses also have specific requirements to be eligible for workers’ comp. For example, if your occupational disease affects your heart or lungs, the sickness must result from exposure to a harmful substance at work.

The Challenge in Obtaining Workers’ Comp for an Illness

Getting workers’ comp for an illness is much more complicated than a physical injury. While workplace injuries only require proof that your injury occurred at work, workplace illnesses require proof that your condition resulted directly from your job duties or conditions on your worksite.  You must have direct medical evidence that your employment caused or is highly likely to have caused your illness.

South Carolina requires that you follow specific procedures to be eligible for workers’ compensation for an illness. These procedures include notifying your employer of your illness within 90 days, treating with a doctor of their choice, and filing your compensation claim within a set time. For occupational diseases, you must file within two years of being diagnosed with the condition. Failure to follow these procedures can result in a denial your claim and loss of benefits.

How to File a Claim for an Occupational Illness

You can file a workers’ comp claim for an illness on your own, but managing deadlines can be challenging when you’re sick. Seeking assistance from experienced South Carolina workers’ compensation attorneys at Joye Law Firm can make the process more straightforward.

Step 1: Notify Your Employer

South Carolina law requires that you let your employer know of any work-related illness or injury within 90 days of becoming sick. If you didn’t know you were ill (for example, you have an asymptomatic condition), you must notify your employer within 90 days after you find out or suspect that you have a work related illness. Our attorneys can help you inform your employer appropriately, so you do not lose out on benefits.

Step 2: Visit a Medical Professional Recommended by Your Employer

Once you report your illness to your employer, they will recommend a doctor to you. To be eligible for workers’ comp, you must treat with their doctor; seeing any other doctor may result in a denial of your workers’ compensation claim unless you were experiencing a medical emergency.

Our attorneys can ensure you receive thorough medical treatment from your employer’s chosen physician and get a second opinion if a question arises about the quality of care or diagnosis you receive

Step 3: File Form 50 with the Workers’ Compensation Commission

Ill or injured employees must file Form 50, the workplace injury claim form, within two years of the diagnosis of their illness. You can find this form on the South Carolina Workers’ Compensation Commission’s website.  The Joye Law Firm files a Form 50 every time a client signs up to protect that client’s rights and right to benefits.

Step 4: Follow the Doctor’s Instructions

Once you begin seeing a doctor for a workplace illness, you must follow the doctor’s treatment plan and schedule for returning to work. Not adhering to your treatment plan, refusing possible treatment, or refusing to return to work when cleared can make you ineligible for workers’ compensation benefits.

If you don’t agree with the doctor’s suggestions or want a second opinion, you can speak to your employer’s workers’ comp representative and request another doctor.  You have no choice but to file for a hearing with the Workers’ Compensation Commission if they deny your request. The attorneys at Joye Law Firm can help you file and prepare for your hearing and represent you at the hearing for your claim. The employer and their insurance company will have their own attorney at the hearing, so it is crucial that the injured worker have an attorney as well in order to be successful at a hearing.

At any time: Consult a Workers’ Compensation Attorney

Filing for workers’ compensation can be a confusing process.  Failure to provide or file required forms or documents, or comply with the many workers compensation statutes and regulations and complex deadlines can result in a loss of benefits and dismissal of the claim.

Get the Benefits You Deserve with Joye Law Firm

At Joye Law Firm, we are dedicated to helping victims of workplace illnesses earn the compensation they deserve. We’re ready to help you investigate the circumstances of your occupational disease and gather evidence for your claim. We can also help you submit your workers’ compensation documents, represent you during a hearing, and answer your questions about the process.

Contact us today for a free initial consultation to help you get started toward receiving the benefits you’re owed after suffering a workplace illness.

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Monday, November 14, 2022

Why Thanksgiving is One of the Deadliest Holidays

It might come as a surprise that Thanksgiving, a holiday of gratitude and togetherness, is among the most dangerous in the U.S. Thanksgiving sees increased rates of fires, drunk driving, and serious injuries. Some of these injuries may leave victims permanently disabled, while others can prove fatal.

Carelessness or negligence during Thanksgiving can have serious consequences. Read on to explore the increased risks around Thanksgiving and how a personal injury attorney can help you recover after a holiday accident.

Common Thanksgiving Risks

The focus on celebration and family togetherness during Thanksgiving can lead to people letting their guard down regarding safety. Expectations about Thanksgiving can cause anxiety, adding to increased negligent actions and behavior, such as drinking and driving

Common injury-causing accidents that increase during Thanksgiving include:

Car Accidents

Drunk driving rates increase on several holidays, including Thanksgiving. According to the National Safety Council, 29% of fatal car accidents on Thanksgiving Day in 2019 included at least one driver under the influence of alcohol. However, drinking and driving isn’t the only cause of car accidents: many crashes happen due to reckless behavior like speeding and road rage, as well as an increased number of people on the road.

Designate a sober driver or use a ride-sharing app to get home if you plan to drink on Thanksgiving. If you suffer injuries in a drunk driving accident due to another’s negligence, the skilled Charleston auto accident lawyers at Joye Law Firm can help you seek compensation through a personal injury claim.

Fires and Burns

According to the U.S. Fire Administration, about 73.5% of house fires on Thanksgiving directly result from cooking. Even small fires can become hazardous if mismanaged. For example, a well-meaning guest could throw water on a grease fire, with explosive results.

Burns can result even without fire. Spilling hot water or oil, splattering from frying pans, or grabbing hot pans without protection can result in severe burn injuries. Children are particularly vulnerable, as they may not understand that the stove/oven can be dangerous.

You can prevent Thanksgiving fires by closely monitoring your stovetop and oven and smothering flames with an extinguisher or fire blanket. Practice extra caution when operating popane powered cookers, like turkey fryers or outdoor grills.

To avoid burn injuries, don’t allow children in the kitchen or near cooking equipment. Place hot foods out of reach of young children, and keep a first aid kit on hand with burn ointment and gauze for an emergency.

Slips and Falls

Simple wear and tear or property neglect can create hazardous conditions that may cause a slip and fall injury. Someone who slips on a wet or slick surface or trips on a tree root or uneven tile can hit their head, break a wrist or ankle, injure their hip or back, or otherwise suffer a severe injury.

Maintaining your property is the best way to avoid a slip and fall accident. Clean out overgrown and hazardous vegetation, tighten wobbly railings, fix leaking pipes, and repair uneven surfaces that could cause someone to trip and fall. If it isn’t possible to fix the problem in time for Thanksgiving, block off the affected area so it’s inaccessible and put up signs letting your guests know of the danger.

Dog Bites

Dogs may be man’s best friend, but dog bites are man’s worst enemy. Even otherwise-gentle dogs can bite if they feel threatened or harassed, like they may with many unfamiliar people in their home. Poorly trained, anxious, or aggressive dogs can deliver bites serious enough to cause severe bleeding, muscle damage, infection, or worse.

If your dog has a history of biting or you think your dog might bite a guest, muzzle your dog or keep them outside, in a separate room with the door closed, or in a kennel during Thanksgiving celebrations. Be especially mindful if small children will be visiting, as they are the most frequent dog bites victims.

If you suffer a dog bite injury while visiting a friend or family member’s home, work with a dog bite injury lawyer to understand your options. They can help you seek compensation for your injuries without ruining your relationship with the dog owner.

Seeking Compensation from a Negligent Loved One

When someone else’s negligence causes an injury, you may be able to recover medical bills and lost wages from the responsible party. However, while most people have no problem filing a drunk driving lawsuit against a stranger, many are far more reluctant to file against family members for an injury on Thanksgiving Day.

With the help of Joye Law Firm, you can still seek a settlement for your injuries without hurting the finances of the homeowner responsible for your damages. We can work with you to file a personal injury claim through the person’s homeowner’s, renter’s, or auto insurance. This approach means the insurance company pays for your settlement, not your family member.

Consult with Joye Law Firm Today

At Joye Law Firm, we believe in helping accident victims receive compensation for injuries caused by another person’s carelessness. Our legal team can help you protect your rights and pursue a fair settlement without damaging your relationship with a loved one who may have inadvertently caused you harm.

Accidents and injuires don’t take holidays. Contact us today for a free initial consultation to discuss your case and learn about your legal options for compensation for your Thanksgiving injury.

The post Why Thanksgiving is One of the Deadliest Holidays appeared first on Joye Law Firm.



from Joye Law Firm https://www.joyelawfirm.com/2022/11/why-thanksgiving-is-one-of-the-deadliest-holidays/
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Thursday, November 10, 2022

How Do I Choose a Good Personal Injury Lawyer in South Carolina?

If you were hurt in an accident caused by someone else’s negligence in South Carolina, you’ll likely have concerns about your health, finances, and future. Serious injuries can disrupt your life, requiring money you never anticipated for medical bills, lost income, and more.

Recovering from an accident might force you to miss months of work. That also means missing out on the paychecks that you and your family depend on to pay household expenses. Fortunately, South Carolina civil law allows you to seek compensation if another person or business is responsible for your injuries. Recovering full compensation will almost always require the assistance of an experienced injury lawyer. Luckily, there are many highly skilled attorneys practicing law across South Carolina. But with so many excellent injury lawyers to choose from, how can you decide which attorney will be right for you and your case?

At Joye Law Firm, what sets us apart is our team. We have a skilled group of attorneys and legal professionals who are consistently willing to go the extra mile for our clients. Not only are they uniquely qualified and highly skilled, but they genuinely care about every case, which is really what makes the difference. We pride ourselves on our ability to serve people who have been seriously injured through no fault of their own, and we’re eager to help you. Our South Carolina personal injury lawyers have obtained over half a billion dollars in settlements and judgments in a wide range of personal injury and workers’ compensation cases. This includes countless six-figure awards for our deserving clients. Our record of results reflects the effort we make to make a positive difference in the lives of people struggling to recover from serious accidents.

Do the Following to Select a Good Personal Injury Lawyer

Insurance providers have teams of attorneys who defend the companies against injury claims. To have the best chance of recovering full compensation, you will want to hire a personal injury attorney with extensive experience handling the type of case you have. An effective lawyer can go toe-toe with even the largest insurance companies. He or she will also know how to seek compensation at the negotiating table and will be ready to litigate your case in court if the insurer refuses to agree to a fair settlement.

When selecting a personal injury lawyer, consider the following steps:

  1. Get referrals – Do you have friends or family members who have previously hired a personal injury attorney? Ask about their experience. Were they happy with the attorney’s representation? Did they receive personal attention? Was the attorney responsive to their concerns? If the case was litigated in court, were they well-represented at trial? Our South Carolina personal injury attorneys’ client testimonials reflect our effectiveness and commitment to personal attention.
  2. Identify your priorities – Make a list of the qualities most important to you when hiring a lawyer. These qualities may include the attorney’s track record, past client reviews, level of availability, professional qualifications, and experience dealing with similar cases.
  3. Narrow your search – We recommend interviewing more than one lawyer but advise you to limit your options to no more than four or five attorneys. Meeting with many different lawyers can be incredibly time-consuming, especially while recovering from serious injuries.
  4. Review qualifications – Once you have recommendations, review each attorney’s website and qualifications. Has the attorney received professional recognition in the form of statewide or national honors? Is the attorney a member of well-regarded professional associations? For example, 11 attorneys from Joye Law were selected for inclusion in either Best Lawyers® or Ones to Watch in the 2021 edition of The Best Lawyers in America©. Joye Law had the most attorneys of any firm in Charleston recognized by Best Lawyers in the practice areas of personal injury and workers’ compensation.
  5. Assess each law firm’s size and availability – Both small and large firms have pros and cons. A large firm may have more resources to pursue a case. Regardless of the size, you should find a firm that offers personal attention, understanding, and attorneys who will be accessible when you have questions. Our attorneys at Joye Law have a policy to return clients’ phone calls within one business day, but strive to do so the same day.
  6. Schedule consultations –Many personal injury lawyers provide a free initial consultation to prospective clients. Schedule case evaluations with your top choices once you have a short list of job candidates. During the consultation, explain the details of your situation and give the attorney any evidence you have gathered. The attorney should offer an opinion concerning your case’s validity. Ask the prospective attorney how many cases he or she has handled that are similar to your case. Experience matters.
  7. Evaluate your options and select an attorney – Once you’ve met with several attorneys, assess your options before making a final decision. Check online for the comments of former clients about their experience with the attorney. Ask yourself if you feel comfortable confiding in the attorney how the injury has affected your life. Keep in mind that you will spend months working with the attorney. You should choose someone you trust and can communicate with effectively. Select the attorney you feel is the best fit to represent you.

Are Personal Injury Lawyers Expensive?

Most personal injury lawyers, including the South Carolina personal injury attorneys at Joye Law Firm, represent clients on a contingency fee basis. You won’t owe any upfront legal fees or pay any out-of-pocket legal costs before receiving a settlement or court award. We only collect fees if we successfully secure compensation for you. If we obtain a financial award for you, we’ll deduct our payment from the settlement or verdict amount and we vow never to take home more than our clients do.

At Joye Law Firm, we’ll get complete transparency regarding any and all costs associated with your case and will never receive surprise bills from us.

What Type of Cases Can a Personal Injury Lawyer Help Me With?

Personal injury attorneys help injured clients with a wide range of cases, from motor vehicle crashes to slip and fall accidents. At Joye Law Firm, our lawyers have over 250 years of combined legal experience handling the following types of personal injury cases:

Regardless of the severity of your injury or the complexity of your case, you deserve a personal injury lawyer with the resources to investigate the incident, collect evidence of liability, document your damages, and build a strong claim for you. You need someone you can trust with your family’s future.

At Joye Law Firm, our attorneys will guide you through the process and seek all the money you need to pay your bills, recoup lost wages, replace damaged property, and move forward after the accident. We won’t let the insurance company take advantage of you. Let us manage all interactions with the claims adjuster and negotiate a settlement on your behalf, while you focus on your recovery.

Schedule a Free Case Review with Our South Carolina Personal Injury Lawyers

If you’ve been injured in an accident through no fault of your own, know that you are not alone! Qualified legal help is available to you and it is just a call or click away. With five convenient offices across South Carolina, we’re never too far – plus we’re happy to come to you if you can’t come to us. The injury attorneys at Joye Law Firm are ready to stand up and fight for you. Contact a South Carolina personal injury lawyer at Joye Law Firm today for a free, no-risk case evaluation.

 

The post How Do I Choose a Good Personal Injury Lawyer in South Carolina? appeared first on Joye Law Firm.



from Joye Law Firm https://www.joyelawfirm.com/2022/11/choose-a-good-personal-injury-lawyer/
via https://www.joyelawfirm.com

Monday, November 7, 2022

How Much Insurance Do Big Trucks Need?

Commercial trucks can cause devastating harm when involved in collisions with passenger vehicles. In 2020, 71% of those killed in truck crashes were the occupants of passenger vehicles. Those harmed in truck crashes may be able to seek compensation for their injuries, pain and suffering, and lost wages by filing a claim with the trucker’s or trucking company’s insurance. That means the amount of insurance they carry is a critical factor in receiving a fair settlement. Victims often need to seek the full amount possible within the coverage limits to be compensated for all their crash-related damages.

Read on to learn how much insurance big trucks need and how the commercial truck crash attorneys at Joye Law Firm can help you navigate your case and seek compensation for your injuries.

How Much Insurance Do Big Trucks Need?

South Carolina requires all vehicles to carry liability insurance for property damage and bodily injury. As a passenger vehicle driver, you must have a minimum of $25,000 in coverage for bodily injury per person and $50,000 per accident. The state also requires that drivers carry $25,000 in coverage for property damage per accident.

South Carolina requires the same “25/50/25” liability insurance for some large or overweight vehicles and also requires uninsured and underinsured motorist coverage.

However, because commercial trucks cause more significant injury and damage in vehicle accidents, they often must follow different insurance requirements from standard motor vehicles. In most cases, commercial trucks must abide by federal insurance rules rather than state-only requirements.

Many factors help determine how much insurance coverage a big truck needs, including the following:

Where the Truck Is Driving

Depending on where the truck is driving, insurance limits may vary. For example, if a company uses trucks that weigh less than 10,001 pounds to operate locally, it may only need the same insurance requirements as a passenger vehicle.

If the truck is traveling over state borders, it needs to meet federal requirements as well as state requirements, which is usually a minimum of $750,000.

The Weight of the Truck

Truck insurance requirements can depend on the size and weight of the truck. For trucks at or over 10,001 pounds, the minimum coverage under federal law is $750,000. For trucks weighing less than 10,001 pounds, the minimum limit is $300,000.

This minimum coverage is not dependent on where the truck travels. Even if the truck stays solely within South Carolina, federal law will still need to be followed regarding weight.

What the Truck Is Carrying

Truck insurance coverage minimums also depend on the commercial truck’s cargo. For non-hazardous freight, the federal minimum is $300,000, but for trucks over 10,001 pounds (including ALL semi-trucks with a trailer), the minimum coverage is $750,000.

Commercial trucks carrying hazardous cargo, such as explosives or flammable liquids, must carry liability insurance of up to $5,000,000. They must also follow specific guidelines set by the federal Department of Transportation.

Vehicles carrying passengers must have a minimum of $5,000,000 in liability coverage. Some vehicles, such as a coach bus, may require only $1,500,000 in coverage as long as they have 15 or fewer seats.

Do You Need to Work with an Attorney After a Truck Accident?

After a collision with a commercial truck, working with an attorney is vital. A skilled lawyer from Joye Law Firm can help you navigate liability in a trucking accident and get you the compensation you deserve.

For example, we can help you investigate the circumstances of the incident to determine if the driver, the trucking company, or a third party, like a parts manufacturer, is responsible for your injuries. We will then determine how much coverage is available per the liable party’s insurance policy and pursue a claim for the maximum amount within the coverage limits.

Meet with a Lawyer if You’re in an Accident

If you were involved in an accident with a big truck, you might be entitled to compensation beyond what the driver’s insurance company offers. Commercial insurance companies are known for using coercive tactics to avoid paying what is owed to victims. The big truck injury lawyers at Joye Law Firm can evaluate your claim and help you recover maximum compensation for your injuries.

Contact us today to schedule your free case evaluation.

The post How Much Insurance Do Big Trucks Need? appeared first on Joye Law Firm.



from Joye Law Firm https://www.joyelawfirm.com/2022/11/how-much-insurance-do-big-trucks-need/
via https://www.joyelawfirm.com