Is Walking After Drinking Dangerous?

Walking under the influence is less hazardous than driving under the influence, but an intoxicated pedestrian can still be a danger for those on the road. According to the South Carolina Department of Transportation, drunk pedestrians were involved in more crashes than drunk drivers in 2019.

Walking home rather than getting a ride with a sober driver can be a much bigger risk than you think when you’re under the influence. Learn the hazards of walking after drinking and how Joye Law Firm can assist you if you’ve been injured in a pedestrian collision.

The Risks of Walking Under the Influence

The hazards of walking and driving under the influence are the same. Alcohol impairs your motor skills, reflexes, and decision-making abilities, causing you to make poor decisions and making it difficult to react quickly.

Drunk pedestrians might stumble or fall into the street, jaywalk without checking for cars instead of using a crosswalk, or move too slowly to get away from an oncoming car. Pew Trusts, which operates the Pew Research Center, found that most drunk pedestrians killed in fatal crashes are struck outside of crosswalks.

In some cases, drunk pedestrians crossing against the light can cause a driver to swerve and collide with an object or vehicle to avoid hitting the pedestrian.

Who Is Liable If a Drunk Pedestrian Is Hit by a Car?

South Carolina is an at-fault state, meaning that whoever caused a collision is liable for the other party’s damages. While drivers generally have a duty to avoid hitting or injuring a pedestrian, the pedestrian can be deemed at least partially at fault for a crash and their own injuries (and even potentially the driver’s injuries) if they were drunk or reckless.

When Pedestrians Are Liable

Walking under the influence can be illegal in South Carolina. Under the Code of Laws § 56-5-3270, anyone inebriated enough to pose a danger to themselves or others can only lawfully walk on the sidewalk. They may be liable for damages if they enter the road or a crosswalk and cause an accident.

Even if they aren’t intoxicated, pedestrians hold a degree of responsibility on the road. Under South Carolina law, a pedestrian can be held liable for a collision if they cross the street outside a crosswalk, step into the street unexpectedly, or walk on the road when a sidewalk is available.

Can Both Parties Be Liable?

South Carolina uses a modified comparative negligence system, meaning that both the driver and pedestrian can be held responsible for the accident. The party who is less than 51% responsible for the collision can file a claim against the other responsible party for damages, but the injured party’s earnings will be reduced by their own degree of fault.

However, partial liability can be tricky to determine. For example, if a drunk pedestrian is walking on the edge of the sidewalk while a sober driver is driving at the posted speed limit.

Assume the pedestrian falls off the sidewalk and into the street, and the driver can’t stop before hitting them. Does the pedestrian hold more liability for suddenly entering the road, or does the driver for not slowing down for the potential hazard?

Determining liability can become challenging when alcohol is involved in a crash. A North Charleston pedestrian accident lawyer like those at Joye Law Firm can review the facts of your case and argue that you were not responsible for your accident.

Staying Safe on Your Way Home

If you’re trying to get home safely after a night of drinking, you can:

Hail a Ride Home

Ridesharing apps and private transportation services can help you get home safely, often regardless of location or time of night. Instead of walking, get an Uber or Lyft home from the bar. Depending on your location, you may even be able to call a taxi service to take you home.

Have a Designated Driver

If you’re planning to drink with friends, agree on who will be the designated driver. The designated driver won’t drink alcohol that night and will drive everyone else home after the outing.

Take Public Transport

Every region of South Carolina has a public bus system that you can use to get home. You can find public transit providers for all counties on the South Carolina Department of Transportation’s website.

However, public transportation options are often limited late at night. For example, CARTA (which serves the Berkeley, Charleston and Dorchester counties) only operates until 1:00 a.m. on weeknights and stops even earlier on weekends. You may want to have a rideshare option as a backup in case you stay out late.

Contact Joye Law Firm if You Were Involved in a Pedestrian Accident

A collision with a drunk pedestrian can leave both the pedestrian and driver injured with no clear answer as to who is responsible. If you or a loved one were injured in the accident, a personal injury attorney from Joye Law Firm can review your legal options and help you recover the damages you deserve. Contact us today to schedule a free consultation.

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What Is The Average Back Injury Settlement After A Car Accident?

A back injury, especially one that affects the spinal column, is a serious matter. Back pain is a leading cause of disability, stopping many people in the prime of their lives from earning a living.

If you have suffered a back injury in a car accident that was not your fault, you might be wondering, “How much is the average back injury settlement?” You could be awarded compensation for your back injury and the impact it has had on your life. While the compensation any one individual may receive would depend on many factors, we would expect a back injury settlement to range from $10,000 to $100,000. Because of some multi-million-dollar settlements, one database of verdicts and settlements found that the median plaintiff’s verdict award for motor vehicle cases that involved back injuries is $212,500. Every one of these cases is unique and there is a large number of factors that determine the value of a case. Of course, another consideration is now much insurance coverage is available for the claim.

Joye Law Firm can help you seek the compensation you need if you have suffered a significant back injury in a car accident in South Carolina. You may face high medical costs, lost income, ongoing pain, and emotional distress due to a car accident back injury. You should not have to cope with these costs on your own if someone else’s negligence caused the car accident.

Our South Carolina accident lawyers have been helping individuals and families whose lives have been disrupted by car accidents for over 50 years. Contact us at 888-324-3100 or online for a free discussion of how we can help you.

Why Work with Our Experienced Back Injury Lawyers?

After you have suffered a back injury in a car accident, the insurance company has three options for dealing with your claim:

• Pay your claim as demanded
• Reject your claim and pay you nothing
• Offer you a settlement that is lower than your demand

Typically, an insurance adjuster will offer a settlement for a back injury based on the company’s prior payments and statistics about back injuries and patients who fit your profile (age, income, lifestyle, life expectancy, etc.). It will not be based on your specific case and will almost certainly be less than the maximum available to you.

Joye Law Firm can help you make a case for all of the compensation you deserve to receive. Our South Carolina personal injury attorneys have over 300 years of combined legal experience. We know that there is no such thing as a “typical” car crash or back injury. We will compile the evidence and submit a demand to insurers for a settlement that fairly pays for the back injury and losses that you have suffered.

We can ensure you get the medical care you need, including referring you to doctors, specialists, and therapists. Our legal professionals can document all that you go through as you recover, especially the costs. As we tend to a thousand little details, you can concentrate on your medical care.

We understand insurance law and how to deal with insurance companies that use the “deny, delay, and defend” approach to claims. Our goal is to cut through the insurance red tape and see that your medical bills and other costs are paid. You can rely on our long history of successful results in claims just like yours.

What Are Factors that Can Affect Your Back Injury Settlement?

The primary factor affecting the value of a back injury claim is the seriousness of your injury. Back injuries can range from serious lower-back muscle strains to spinal cord injuries that cause paralysis.

A spinal cord injury that results in paralysis is a life-long disabling injury. The lifetime costs of a spinal cord injury can easily run into millions of dollars, according to the National Spinal Cord Injury Statistical Center.

Other back injuries that can occur in a car accident, in order of seriousness, include:

• Spinal fractures
• Herniated discs
• Whiplash
• Other soft tissue injuries, like tendon and muscle strains

Another factor that can affect the potential value of your back injury settlement is the amount of your medical expenses. You may pay for expenses like:

• Hospitalization
• Surgery
• Spinal traction
• Physical therapy
• Steroid injections
• Prescription pain medications

When a client has suffered a permanent back injury, we work to project future medical costs and, when appropriate, future lost wages. We may have a nurse consultant complete a medical costs projection or work with consultants who prepare life care plans. A life care plan is a comprehensive assessment of the injured person’s future needs related to a disabling injury. These plans cover the costs of future medical treatment and ongoing needs, such as medication or assistive equipment, and other economic losses, such as the need to hire someone else to complete tasks like yardwork or provide personal assistance to the injured person.

The next largest factor in a back injury settlement is typically loss of wages and/or income. You may have the right to lost income compensation if your back injury prevents you from returning to your job or to the same kind of work, resulting in your having to take a lower-paying job.

A demand for a lost income payment should include raises that you would have received if you had not been injured. Your demand can also include the value of lost benefits, such as retirement plan contributions, stock options, and similar losses.

If a back injury claim goes to court, a jury could also award noneconomic damages for your:

• Pain, suffering, and inconvenience
• Mental anguish and emotional distress
• Loss of society and companionship, due to your inability to participate in activities you once enjoyed
• Loss of quality or enjoyment of life
• Loss of consortium and the loss of an intimate relationship with your spouse

Let Our Attorneys Help with Your Back Injury Claim

Our attorneys will fight to get the compensation you are entitled to for back injuries you have suffered in a car accident. Before accepting any settlement offers or signing any documents presented to you by insurance company representatives, contact the Joye Law Firm. The South Carolina personal injury and workers’ compensation attorneys of Joye Law Firm have been securing compensation for accident victims since 1968.

Contact Joye Law Firm today at 888-324-3100 or online. You’ll pay no fee unless we recover compensation for you.

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What to do if You Suspect Another Driver Is Drunk

Drunk driving is a dangerous practice and a serious crime. One person’s selfish behavior can endanger the lives of fellow motorists. These drivers blatantly break the law, and if you suspect a fellow driver is intoxicated, you should take immediate steps to protect yourself and the safety of others on the road.

If you see a driver you suspect to be drunk due to their driving behavior, pull over to protect yourself and call the police. If you have been the victim of an accident where you suspect the other driver was drunk, contact the Columbia auto accident attorneys at Joye Law Firm to help you seek compensation for your injuries.

Drunk Driving in South Carolina

Drunk driving is a severe problem in South Carolina and nationwide. State law prohibits operating a motor vehicle with a blood alcohol level (BAC) above 0.08%.

Despite rigorous enforcement by state and local police, there were 285 DUI-related fatalities in 2019, making up 28.5% of all road fatalities in the state. 73.1% of the drivers in these accidents had a BAC over 0.15%! Altogether, for every 100,000 residents in South Carolina, 5.6 are killed in drunk driving crashes.

While the number of drunk driving crashes have declined over the last decade, thanks in part to the dedicated work of police, there are still too many drunk drivers on the road. 

Signs a Driver May Be Drunk

When driving, watch out for potentially intoxicated motorists, particularly in the evenings and on weekends. Some signs you should watch out for include the following:

• Difficulty maintaining lane discipline, such as weaving or sudden lane changes.
• Driving on the sidewalk or shoulder or hugging the centerline of the road.
• Failure to observe speed limits, either driving too fast or too slow.
• Inconsistent speed.
• Failing to stop at traffic signals and stop signs or yielding improperly.
• Following too close to other vehicles, passing when not allowed, or in a dangerous manner.
• Near misses with other vehicles or objects or swerving to miss non-existent road obstacles.
• Excessively loud music, interior lights on, exterior lights off, or windows rolled down at night or in inclement weather.

If you see any of these signs or the driver seems off for some reason, it is best to drive cautiously and contact the authorities rather than shrug off potential danger.

What To Do if You Suspect a Drunk Driver

Identifying a drunk driver allows you to take steps to protect your safety and that of others on the road. If you suspect a drunk driver, follow these steps:

Let Them Pass

Keep a safe distance from the suspected drunk driver and let them pass you. Do not follow them closely, deliberately drive in front of them, or try to stop them alone. The driver may collide with you and not even notice, rather than stop.

Pull Over and Contact the Police

Once it’s safe to do so, pull over on the side of the road, call 911, and tell the operator that you are reporting a drunk driver. Relay as many identifying details about the car as possible, including:

• The vehicle make, model, and color.
• The license plate number.
• Where you saw the driver (mention street names, intersections, or landmarks where possible).
• What direction was the driver going.
• The behavior or actions that make you believe the driver is drunk.

The operator may ask you for more details. Stay on the line until they tell you that you can hang up.

If the suspected drunk driver hits you, call 911 to report the crash. Once the police arrive, tell them you suspect the driver is drunk so the police can administer tests to determine BAC level or potential intoxication. While they cannot force the driver to take the tests, South Carolina law mandates that the driver’s license be immediately frozen if the driver refuses the tests.

Call Joye Law Firm if You Were Injured by a Drunk Driver

The aftermath of any car crash can have a devastating impact, but victims of drunk driving accidents often find themselves facing huge medical bills, long recovery times, and even permanent disability from their injuries. You may also deal with pain and suffering from the incident, leading to a loss of enjoyment in your everyday life.

Instead of facing these consequences of other people’s poor decisions alone, call Joye Law Firm for help. Joye Law Firm has extensive experience recovering compensation for victims of drunk driving accidents. We will review the details of your case and fight for you to get the compensation you deserve.

Call us today to schedule a free consultation.

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What to Do if You Were Injured in a Car Accident as a Passenger

If you were injured in a car accident as a passenger, you might wonder about your rights to seek compensation for your losses. There’s good news. Most passengers hurt in South Carolina car accidents have the same ability to pursue compensation as their drivers. You don’t have to shoulder the financial burden of your injuries from a crash you didn’t cause.

Filing an insurance claim or lawsuit after a crash may seem overwhelming, particularly if you sustained serious injuries and face a lengthy recovery process. Although nothing can undo the harm you suffered, a successful personal injury claim could alleviate your stress and help you move forward. An experienced car accident lawyer from Joye Law Firm can help.

Working with a proven car accident attorney in North Charleston is critical if you suffered injuries as a passenger. Whether you were hurt in a standard two-vehicle crash, a truck accident, a rideshare accident, or another traffic crash, our legal team will pursue maximum compensation for your losses.

It doesn’t take much to get started. Just call Joye or contact us online for a free consultation.

Steps to Take if You Were an Injured Passenger in a Car Accident

A passenger injury claim proceeds similarly to other car accident cases. For this reason, you need to take steps to protect yourself. This can start at the accident scene.

• Call the Police – Access the situation and if there is an emergency, call 911 immediately or ask someone on scene to do so for you. Ater a minor wreck, you could opt to dial *HP (*47 on your cell phone) to reach highway patrol or dial the non-emergency number for your local police department. The responding police officer will gather information from everyone involved and file an accident report. Tell the officer the basic facts. Do not make guesses about who is at fault or discuss any injuries.
• Gather evidence – Collect evidence at the accident scene, including photos and videos of the vehicles involved from as many angles as possible. Include shots of your injuries and surroundings, which could assist accident reconstructionist experts who may analyze the crash later. Make sure to get the insurance information of the motorists involved, even if the driver involved is a friend.
• Seek medical attention – See a doctor immediately. Even if you think your injuries are minor or don’t feel hurt, some injuries emerge and worsen over time. You want all injuries diagnosed and treated promptly. Furthermore, the doctor will add your injuries to your medical records, which will serve as essential evidence in your car accident case.
• Consult a knowledgeable car accident attorney – Injured passengers need an advocate to shield them from lowball settlement offers from the insurance company. You may also have the option to pursue compensation from sources you didn’t realize, such as your auto insurance policy.

Can I Claim Compensation as a Passenger in a Car Accident?

South Carolina law allows passengers injured in car accidents to seek compensation for their losses. The process begins by filing a claim with the at-fault party’s insurance company. If the driver of the car you were riding in caused the accident, you could file a claim with their insurance provider. If another driver was responsible for the accident, you might file a claim with their insurance company.

Insurance issues get more complicated if the at-fault motorist was a commercial truck driver, rideshare driver, government agency, or some combination of parties. The same is true if the at-fault driver is uninsured or underinsured. It’s wise to speak to a knowledgeable car accident lawyer to ensure you pursue compensation from all potential sources.

What Types of Compensation Can I Receive as an Injured Passenger?

As an injured passenger, you may be able to pursue compensation for financial and personal losses from a car accident, such as:

• Past, current, and future medical expenses
• Lost wages
• Lost future earning capacity
• Physical pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Lost quality of life

Working with a proven car accident lawyer is the key to maximizing your compensation. An attorney can place an appropriate value on your case that can serve as a starting point for settlement negotiations.

Does Car Insurance Cover Passengers in South Carolina?

Passengers are covered by car insurance in South Carolina. Depending on the circumstances of the accident, injured passengers may be covered through one or more of the following:

• The at-fault driver’s insurance carrier – You can file a claim with the responsible driver’s insurance company. South Carolina drivers must carry liability auto insurance that includes bodily injury coverage of at least $25,000 per person. Liability coverage pays for an injured passenger’s medical bills and other costs up to the driver’s policy limits.
• Uninsured/underinsured motorist (UM/UIM) coverage – Uninsured motorist coverage is required in South Carolina. If the at-fault driver does not have insurance, you can file a claim with your insurance company for compensation.
• Personal injury protection insurance (PIP) – PIP coverage is not required in South Carolina, but drivers can purchase it. Injured passengers with PIP coverage can file a claim with their PIP provider for costs related to their accident-related injuries.

Is a Passenger Ever at Fault?

In rare circumstances, a passenger could be found at fault for an accident. For example, a passenger who takes hold of the steering wheel and causes the driver to lose control of the vehicle could be liable for a resulting crash.

South Carolina’s comparative fault law says an individual can seek compensation for their injuries even if they are partly to blame for the accident. However, they must be less than 51 percent at fault for the crash. Even one percentage point higher, and they lose their right to compensation.

You should also know that if a passenger receives compensation, the ultimate award is reduced by their assigned portion of fault. Let’s say you are found to be 10 percent at fault for an accident and incurred $10,000 in accident-related losses. You would recover $9,000 under the S.C. comparative fault system.

Talk to Our North Charleston Car Accident Attorneys

If you were injured as a passenger in a car accident in North Charleston, you need a trusted attorney to fight for the compensation and accountability you deserve. Turn to the proven attorneys at Joye Law Firm.

When you work with us, you’ll see that our top priority is your health and well-being. You can rely on us to fight aggressively for every dollar you deserve. Call or contact us today for a free consultation.

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Ways to Prevent Back Injuries at Work

Back injuries are a common type of workplace injury. A serious back injury can leave you incapacitated and unable to work for a lengthy period of time. Some back injuries require surgery to address severe pain or improve function. If you sustained a back injury on the job in South Carolina, you may be eligible for workers’ compensation benefits through your employer, including paid medical care and partial replacement of lost wages.

At Joye Law Firm, our attorneys understand the adverse effects that back injuries can have on a person’s daily activities, ability to work, and overall enjoyment of life. Our workers’ compensation lawyers have helped countless injured workers, who just like you, faced serious injuries and an uncertain path forward. We’ve helped many workers who suffered back injuries on the job seek all the benefits provided by South Carolina law, and we’re standing by to help you.

Don’t hesitate to contact us today to speak with an experienced South Carolina personal injury attorney.

How Common Are Workplace Back Injuries?

Most Americans experience back pain at some point. Back injuries account for twenty percent of all workplace injuries, according to the Bureau of Labor Statistics. More than a million workers sustain back injuries each year.  Most back injuries involve injuries to the lower back.

How Does The Back Work?

The back includes the spine composed of 33 vertebrae stacked vertically, discs that cushion the vertebrae and provide flexibility to bend, and muscles that hold the spine in place.

The spinal discs are fibrous pads with a jelly-like center. They act like shock absorbers. The spinal cord passes through an opening in the vertebrae and transmits nerve signals from the brain to the rest of the body.

The back has a system of muscles that give the body strength and mobility. When people talk of strengthening their core, they mean strengthening the lower back muscles and the front abdominal muscles that provide stability to the entire body.

What Causes Workplace Back Injuries?

Handling materials such as manually lifting and carrying loads causes most back injuries on the job.

Factors that can contribute to a back injury include:

• Force – Force is the transference of energy. When too much force is placed on the back, it can become damaged. This force is often caused by lifting and moving heavy loads.
• Repetitive motions – Bending, twisting and other repetitive movements can cause long-term wear and tear and repetitive motion injuries to the back
• Posture and body mechanics – Posture and body mechanics refer to the body’s position while sitting, standing, moving, or lifting. The back works best when upright. Improper positioning can cause injury.
• Inactivity – Inactivity can put a strain on the back, especially when combined with poor posture.

If a lower back muscle is under too much stress, it can strain or tear. Back strains are a common and painful type of injury in which inflammation can lead to difficulty moving.

When too much force is exerted on a disc, the disc can bulge or rupture through the side. The bulging or ruptured material can press on nerves, causing severe pain that radiates down the arms or legs.

Finally, vertebrae can become chipped or fractured. A fracture can occur in a fall, being struck by a falling load, or in a motor vehicle accident.

How Can Workplace Back Injuries Be Prevented?

Workplace back injuries are common and preventing injuries remains a challenge. Below are some recommendations to reduce the risk of back injuries at work.

Lift Properly.

Lifting heavy objects puts force on the back. Proper lifting techniques and ergonomic design of work tasks can reduce the chance of injury.

Before you lift an item, ask yourself the following questions. Can lifting be avoided by using a hand truck or other device? Is there someone else to help with the lifting?

If you determine that you can safely lift the item, your next step is to make sure that there is a clear pathway. Stepping over or around obstacles can cause injury. Face the object with feet shoulder-width apart. Bend down with the legs instead of the back, keeping the back as vertical as possible. Lift the object vertically and close to the body, tightening the stomach muscles and relying on a combination of the legs, arms, and back to handle the load. Using these techniques can help reduce the chances of an injury while lifting.

Maintain Good Posture.

People with desk jobs or who spend a lot of time sitting can develop workplace back injuries. Poor posture in a chair or sitting in one position for too long can strain the back, especially if a person has weak lower back muscles and the vertebrae and discs bear the burden of support.

Good posture is important. You should sit upright with both feet flat on the ground and your knees bent at a 90-degree angle. Adjust the desk and any computer monitor so that the forearms are parallel to the floor when typing, and the screen is easily visible when looking straight ahead.

Another good practice is to get up from the seated position every 30 minutes and spend a few minutes walking or stretching the back. Many people, especially those with preexisting back conditions, make use of standing desks. A standing desk can be raised from lap height to torso height to facilitate sitting or standing posture.

Learn To Modify Repetitive Tasks.

Repetitive actions can strain the back and lead to a workplace back injury. For instance, when a person lifts numerous items in repetition as part of their job duties, they risk fatiguing the lower back muscles, putting more strain on the discs.

Strengthen Your Core and Stretch.

The spine needs strong back and abdominal muscles to stay aligned and supported. Physical conditioning and stretching are important to reduce the risk of muscle strain. With weaker core muscles, the vertebrae and the discs absorb more force.

What Should I Do If I Have a Workplace Back Injury?

Workplace back injuries can have life-altering consequences. The pain can leave you unable to work, prevent you from taking part in activities that you once enjoyed, and make it difficult to handle routine daily activities.

If you have suffered a back injury while on the job, you may have a right to compensation for your injuries. The workplace back injury attorneys at Joye Law Firm can assess your situation and discuss your legal options. We are proud of our record of helping injured workers who turned to us for assistance. We can help you develop a back injury at work claim, and seek the medical help you need to recover. Call us at 888-324-3100 or contact us online to speak with a back injury lawyer in South Carolina for free.

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Understanding Workers’ Comp Mediation

All disputed workers’ compensation claims in South Carolina may be referred for mediation, if the parties agree, in hopes of avoiding the need for a formal hearing. Some complex claims or claims for permanent and total disability must go to mediation. Because workers’ comp claims are for monetary benefits and sometimes for future medical treatment, it is always better to have legal representation when discussing a disputed claim.

The workers’ comp attorneys at Joye Law Firm can help you pursue all of the benefits you are due in a South Carolina workers’ compensation claim, including representing you during mediation. It’s important to know that a big percentage of workers comp cases settle during mediation with a very high success rate of around 80%. Our South Carolina workers’ compensation lawyers have stood up for injured workers for more than 50 years. We are ready to fight for you, too.

Call us now at 888-324-3100 or fill out this online form for a no-obligation, confidential review of your claim.

What Is Workers’ Compensation Mediation?

During mediation, a neutral mediator helps all sides explore ways to resolve the conflict by using specialized communication and negotiation techniques. Mediators are trained and certified by the South Carolina Bar.

In a dispute over a South Carolina workers’ compensation claim, mediation allows the opposing sides to meet and discuss their differences informally and look for a resolution before the matter is set for a mediation hearing. Mediation is a meeting between the injured worker who is seeking workers’ comp benefits, a representative of the employer and their attorney, and a certified mediator.

The employer’s representative is required by law to have an attorney present during mediation of a workers’ comp claim. The injured worker is not required to have an attorney present but may have representation.  Because the employer will always be represented by an experienced workers’ comp attorney, it is extremely important that the worker be represented to protect his or her own interests.

What Is Involved in the Mediation Process?

Workers’ compensation claims are sent to mediation to provide an opportunity for the parties involved to achieve an efficient resolution of disputed issues in the claim. The hope is that mediation can resolve disputes without the necessity of a formal hearing, which saves the time and expense of preparing for a mediation hearing.  It also removes the uncertainty of a decision by a workers compensation Commission.  It is impossible to predict what an individual Commissioner may decide in any particular case.

If you are employed and have been injured while on the job or become ill because of workplace conditions, you may file for workers’ compensation. Benefits include all medical expenses and a weekly check representing a portion of the amount of wages you were earning as you recover.

In cases of fatal workplace injuries, workers’ comp pays benefits to dependent family members.

If your employer or their workers’ comp insurer denies your claim, your case file will go to a Workers’ Compensation Commissioner. The Commissioner may hold a mediation hearing and decide whether you are due benefits.

Before scheduling a hearing, a Workers’ Compensation Commissioner may order any claim to mediation. The two parties to a claim – employee and employer – also may request mediation.

Mediation must be completed within 60 days of the mediation order unless otherwise agreed to by the parties.

The parties share the cost of mediation unless otherwise agreed by the parties or as otherwise ordered by the S.C. Workers’ Compensation Commission.

What Happens at a Workers’ Comp Mediation Hearing?

The mediation is typically held at the injured worker’s attorneys’ office.  During mediation of a workers’ compensation claim, the mediator initially meets with all parties to initially discuss their respective positions. The parties then separate into different rooms, and the mediator meets with each side individually to relay information, offers and demands from one side to the other. Each side may present evidence, such as medical records, to support their suggestions for what should be done. Typically, emails are sent to the mediator from each side stating their positions and the basics of the claim.

All communications and information exchanged is confidential and cannot be disclosed outside of the mediation, even if the mediation is unsuccessful.

If the claim is resolved, all parties sign a workers’ comp mediation settlement agreement, setting out all the terms of the settlement. The mediator notifies the SC Workers Compensation Commission whether the claim has settled or if the parties cannot reach an agreement.

The best settlement option for your claim will depend on the facts of your case and whether you are likely to need future medical care for a work-related injury or occupational illness.

Contact Our South Carolina Workers’ Comp Lawyers

If you have a workers’ compensation claim in South Carolina that is being disputed and is headed to mediation, contact our South Carolina workers’ compensation attorneys at Joye Law Firm for help. We help injured workers seek full workers’ comp benefits so they can rebuild their lives.

Call us for a free review of your workers’ compensation claim or use our online case evaluation form. Joye Law Firm has offices with workers’ compensation attorneys in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach and represents injured workers throughout South Carolina. If you can’t come to us, we’ll come to you.

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What to Know About Riding a Motorcycle in Cold Weather

Riding a motorcycle in cold weather presents serious hazards that all riders should be aware of. Even in warmer states like South Carolina, winter hazards can affect how you ride, and lead to an increased risk of crashes.

This time of year is rife for accidents and injuries, but by taking proper precautions, you can ride your motorcycle safely throughout the season. If you have been in an accident due to winter conditions, contact the South Carolina motorcycle accident lawyers at Joye Law Firm.

Cold Weather Dangers for Motorcycle Riders in South Carolina

Winter poses specific hazards for motorcycle riders that aren’t problems the rest of the year. These issues can cause riders to crash or lead to accidents involving other drivers. Some common cold weather hazards include:

• Ice Accumulation

Even though snowfall is rare in South Carolina, ice can still form on roads, especially on bridges and overpasses. Black ice, a thin coat of transparent ice that drivers can mistake for water, is especially hazardous for motorcycle riders.

When crossing over black ice at high speeds, a vehicle’s wheels lose traction with the road and may spin out, causing the car or motorcycle to leave the road or hit other nearby vehicles. Unfortunately, sand and salt spread on the road in winter months can impede braking and also cause riders to lose control.

• Fresh Road Cracks and Potholes

Asphalt roads expand and contract with rising and falling temperatures in the winter season, which can cause cracks to form in the surface of roads. Fresh, unrepaired cracks may appear when temperatures drop, which pose a severe hazard to motorcycle riders.

Even if you are riding on a road you know well, be extra vigilant for new cracks and potholes that can throw you off your bike and cause an injury.

• Inexperienced Winter Drivers

Winters are mild in South Carolina, so many drivers aren’t familiar with or comfortable driving in icy conditions. These drivers may not realize they need to start breaking sooner, drive slower, or pay more attention to changing road conditions.

They may also not give motorcycle riders enough space to stop quickly, or may drive erratically, creating unsafe driving conditions for other road users, especially motorcycle riders. Their negligent driving can lead to accidents, and riders should be extra cautious around other drivers this time of year.

How Cold Weather Affects Rider Reflexes

Cold temperatures affect how you should ride your motorcycle. Riding a motorcycle involves finer motor control than driving a car, and cold weather slows the muscles in the legs and arms. This makes your physical reaction time slower when applying the brake or throttle in the cold.

While it may be just a second’s difference in reaction time, that second could mean the difference between successful braking and a crash. On cold days, give yourself more space and time when accelerating, braking, or shifting gears.

Motorcycle riders should keep a three-second distance between their bike and the vehicle in front. During the winter, extending the distance to four seconds can give riders adequate time to brake, adjusting for slower winter reflexes and slippery conditions.

You also need to modify your braking technique. The front brake on a motorcycle provides up to three-quarters of the braking power. While you should always use both the front and rear brakes to come to a stop, braking too hard with the front brake on a slippery surface can cause your bike to skid.

Always squeeze the brake lever gently rather than grabbing it. If you have a brake pedal that activates both front and rear brakes, consult your driver’s manual for proper cold weather braking procedure. 

Mechanical Issues for Motorcycles in Cold Weather

Motorcycles are machines that operate differently in the cold. Many motorcycles are considered 3-season machines and are not optimized for cold weather conditions.

Lubricants and hydraulic fluids change behavior in cold weather, often becoming more viscous. This could affect the performance of your motorcycle.

You need 4-season tires to ensure a proper grip on the ground. Regardless of your tire type, the internal pressure decreases by approximately 1 PSI per 10°F drop in temperature. This will change how your motorcycle steers, breaks, and accelerates, making for a different riding experience.

Consult your motorcycle’s manual to understand how to properly winterize your bike before the first frost of the year. This can help you understand the maintenance needed for cold weather and give you ample time to adequately compensate for different riding characteristics.

What to Wear When Riding in Colder Weather

The biggest dangers for motorcyclists riding in the winter are frostbite and hypothermia. These conditions can easily affect riders, particularly if there is any rain or snow.

Wear multiple layers of clothing to adapt to changing temperatures and prevent sweating, which can lead to hypothermia. Wear insulated riding gloves on your hands and choose a base layer made of moisture-wicking materials. Your outermost layer should be waterproof and padded or made from leather to provide protection in case of a fall.

Contact Joye Law Firm After a Motorcycle Accident

If you have been in a motorcycle accident that wasn’t your fault in South Carolina, you may have a right to pursue compensation. The experienced attorneys at Joye Law Firm can review your case to determine if a negligent driver or poor road maintenance led to your injuries. Our motorcycle accident attorneys will help you understand your rights and seek a fair settlement from the party who caused you injuries.

Contact Joye Law Firm today for a free case review, or use our online chat feature to ask any questions you have about your motorcycle accident.

The post What to Know About Riding a Motorcycle in Cold Weather appeared first on Joye Law Firm.

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The 5 Most Common Workplace Accidents in South Carolina

Thousands of South Carolina workers suffer injuries in workplace accidents each year. According to the U.S. Bureau of Labor Statistics (BLS), South Carolina private employers reported 29,100 nonfatal workplace injuries and illnesses and 102 fatal injuries in one recent year. Some accidents are more common than others. In fact, a handful of accident types account for an outsized portion of the total number of workplace injuries.

For 50 years, Joye Law Firm has been helping South Carolina workers after accidents on the job, so we’ve seen it all. We help injured clients pursue the compensation they need and deserve to recover from car accidents, truck accidents, construction accidents, premises liability accidents, and defective product accidents.

While these accidents may be common, Joye Law Firm treats every client as the unique individual they are. Our results prove that our exceptional service makes a difference. Contact the workplace accident attorneys at Joye Law Firm today for a free consultation and tell us about your work-related injury.

1. Motor Vehicle Accidents

Motor vehicle accidents are the leading cause of on-the-job injuries in South Carolina, accounting for 41 percent of all fatal workplace injuries in the state. For many workers, driving is a crucial aspect of their job. Truck drivers, delivery drivers, bus drivers, tow truck drivers, and dump truck drivers spend hours behind the wheel, putting them at risk for accidents every day they go to work. Other workers encounter motor vehicles operating on their job sites, such as cranes, tractors, dump trucks, bulldozers, excavators, mowers, and more. Even workers who do not operate these vehicles are at risk of being struck by them. Additionally, workers can get hurt when driving for work-related purposes, such as attending a training or picking up supplies.

Motor vehicle accidents can occur in the workplace for various reasons:

• Lack of training
• Lack of vehicle maintenance
• Distracted driving
• Pressure to meet unrealistic expectations
• Miscommunication
• Failure to supervise
• Vehicle malfunctions

Employers may be responsible for some motor vehicle accidents, but sometimes another driver may be at-fault for a workplace vehicle accident. If that is the case, you may be able to recover compensation from the at-fault party through a third-party insurance claim. This claim may provide you with a broader range of compensation than workers’ compensation benefits. For example, while you cannot recover money for pain and suffering through a workers’ comp claim, you can through a third-party personal injury claim.

2. Construction Accidents

According to BLS data, the construction industry had the highest number of workplace fatalities in South Carolina. Construction workers are at risk for various construction accidents, including:

• Heavy equipment accidents
• Falls from ladders, scaffolds, or elevated platforms
• Trench collapses
• Falling objects
• Electrocution
• Tool malfunction accidents

Many construction accidents result in severe injuries that may prevent workers from returning to the job for a very long time, if ever. Workers who suffer a permanent disability may be eligible for benefits beyond workers’ comp, but the process can be complicated. Someone other than your employer could be responsible for your workplace injuries, such as the property owner or general contractor. If you find yourself in this situation, you need an experienced workplace accident attorney to fight for your rights.

3. Slips and Falls

In South Carolina, slip-and-fall accidents represent almost 15 percent of all workplace fatalities, according to BLS data. Slips and falls can happen in virtually any workplace under various circumstances. Here are some examples:

• Tripping over cords
• Slipping on a slick surface
• Falling on uneven or insecure surfaces
• Falling from a height
• Tripping, slipping, or falling in a poorly lit area

Under Occupational Safety & Health Administration (OSHA) regulations, employers must maintain safe premises for their employees. Maintaining safety means:

• Keeping surfaces clean, dry, and free from hazards
• Ensuring surfaces can support the maximum intended load
• Inspecting surfaces frequently and repairing them as needed

Many slip-and-fall accidents are preventable. Injured workers can typically file a workers’ compensation claim.

4. Struck by Objects

According to BLS data, contact with objects or equipment was the second-most common cause of fatal workplace injuries in South Carolina. Falling or flying objects can inflict serious injuries, such as:

• Head injuries
• Fractures
• Lacerations
• Puncture wounds
• Contusions
• Eye injuries
• Internal bleeding

Employers can decrease the risk of flying or falling object accidents in the workplace by implementing basic safety protocols on job sites. For example, employers should post warning signs in areas where workers may encounter falling objects. Workers should also wear proper safety gear, such as hard hats and eye protection.

5. Defective Product Accidents

Many workers utilize tools and equipment during their workday. If one of those items has a defect or malfunction, the worker can suffer a terrible injury.

Defective product accidents can be complex because it is often difficult to determine the at-fault entity. In many cases, the product manufacturer is liable if a product defect causes injury. However, other parties may also be partially responsible for such an accident.

Regardless of who was at fault, a worker injured by a defective product on a job site can file a workers’ compensation claim to receive medical and lost wage benefits. They could also seek compensation through a product liability claim against the product’s designer, manufacturer, distributor, or retailer. Doing so could provide them with compensation for non-economic losses not covered by workers’ comp, such as pain and suffering.

Hurt on the Job in South Carolina? Our Experienced Attorneys Can Help You

While these are the most common workplace accidents, they are just a few of the incidents that can result in severe injuries and debilitating losses for South Carolina workers. Joye Law Firm represents workers who have suffered devastating injuries in various accidents, including car accidents, truck accidents, construction accidents, premises liability accidents, and defective product accidents. Contact a workplace accident attorney at Joye Law Firm today for a free consultation.

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Can I Keep Getting Workers’ Compensation if I Switch Jobs?

Many people are reluctant to take a new job while receiving workers’ compensation, as they worry that it will make them ineligible for benefits. With a few exceptions, this isn’t the case. South Carolina law protects the rights of injured workers to receive the benefits they’re entitled to. However, some employers and insurance companies will unlawfully deny workers’ compensation after someone changes jobs.

If an on-the-job injury has led to pursuing a career change, it may not be clear to you whether you’ll continue receiving workers’ comp if you do. Read on to explore who’s eligible for workers’ comp in South Carolina and how you can recover wrongfully-denied benefits with the help of Joye Law Firm.

What Workers’ Compensation Benefits You Can Receive

Under South Carolina law, you’re entitled to specific workers’ compensation benefits. The South Carolina Workers’ Compensation Commission specifies that you can receive:

• Medical care for your injury from an employer-specified provider
• Compensation for wages you cannot earn due to your injury
• Compensation for any type of permanent disability

When Workers’ Compensation Ends

In the majority of cases, workers’ compensation benefits aren’t permanent. They typically end when you’re considered fully healed and/or able to return to work, or after a predetermined period of time, whichever comes first.

• Medical Treatment: Medical coverage for your work-related disability will end when your provider determines you will not benefit from receiving further care. Depending on your injury, this may mean completing your course of treatment or reaching a point where you are believed to have recovered as much as possible.
• Lost Wages: If you receive compensation for wages you cannot earn due to your injury, these benefits will stop as soon as you are cleared to return to work at full capacity. Otherwise, you can receive these benefits for up to 500 weeks (roughly 9½ years).
• Permanent Disability: Injuries resulting in permanent disability will still be compensated for a specified period, even if you change jobs or can work. How long you receive benefits for permanent injury depends on the body part that is injured. For example, someone who loses a hand (a more severe injury) will receive benefits for longer than someone who loses a finger.

The maximum amount of time you can be compensated for a disability is 500 weeks, or around 9½ years, but there are a few exceptions to the 500-week rule. For example, if you experienced physical brain damage or paralysis of the lower body, you can receive lifetime benefits.

Is My Medical Care Covered if I Switch Jobs?

In most situations, yes. If you still need medical care for your work-related injury, workers’ compensation will cover doctor’s appointments and medical treatments until your doctor determines you will no longer benefit from care.

Can I Still Receive Lost Wages if I Switch Jobs?

This is where it gets slightly more complicated. Once you’ve been cleared to work in any capacity, you cannot claim temporary total disability. This means that you can no longer receive full compensation for lost wages.

However, there is an exception for employees who cannot perform all their previous duties. If you take a new job that pays less because your injury prevents you from performing the duties of your last role, you can seek compensation for your lost earning capacity..

If there’s little to no pay difference between your old and new job, or if you make more money at your new job, you cannot claim wage loss benefits.

Do I Lose Workers’ Comp Benefits if I Get a New Job Somewhere Else?

No. You don’t need to work for the same employer to be eligible for workers’ compensation benefits. South Carolina law bases eligibility on your ability to work at full capacity and your current income, not the specific job you hold or the company you work for.

However, your former employer or their insurance company may claim that you are no longer eligible for workers’ comp after you leave. If you’re being wrongfully denied workers’ compensation benefits, a South Carolina workers’ compensation attorney can help you continue receiving the benefits you’re owed.

Review Your Case with Joye Law Firm

You don’t need to remain in your old job to receive workers’ compensation. If you aren’t sure whether you’ll stay eligible for workers’ comp or if your claims are being unfairly denied, consult Joye Law Firm to explore your legal options. We’ve helped many South Carolinians recover the benefits they’re owed. Contact us today to schedule a free consultation.

The post Can I Keep Getting Workers’ Compensation if I Switch Jobs? appeared first on Joye Law Firm.

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