Why Nurses Should File for Workers’ Compensation When They Get Injured

Many workers may be hesitant to file a workers’ compensation claim after an injury on the job, incorrectly assuming only certain high-risk industries or serious and disfiguring injuries qualify.

The truth is that any injury or illness received while performing work duties that prevents an employee from working qualifies for workers’ compensation. Healthcare workers are one of the groups of workers most likely to suffer a qualifying injury, which may include:

• Infections from patients
• Exposure to hazardous materials, including chemicals and radiation
• Muscle sprains and strains from moving, lifting, and transporting patients
• Attacks by patients or family members of patients

According to the Occupational Safety and Health Administration (OSHA), hospitals record more work-related injuries and illnesses that cause employees to miss work each year than either construction or manufacturing.

The organization further found that 24% of nurses change shifts or take sick leave to recover from an unreported injury, and 8 out of 10 nurses say they frequently work with musculoskeletal pain.

Nurses are so often focused only on patient care, they can ignore, or be encouraged by employers to ignore, their own injuries. However, as a healthcare worker, you should file a workers’ compensation claim for the sake of your own health, as well as the betterment of your hospital and patients.

Top Four Reasons for Nurses to File Workers’ Compensation Claims

1. The average cost per nurse injury claim in 2011 (the most recent year for which data is available) was $15,860. Without filing a claim, nurses may be covering those expenses out of pocket.
2. Nurses who are fatigued or stressed due to injuries and illnesses have a higher risk of causing medication errors and patient infections (potentially leading to malpractice lawsuits).
3. When nurses struggle or are unable to move patients due to stress injuries, they put the patients at further risk of injury or of developing bed sores.
4. Patient satisfaction rates are higher in hospitals where staff are not dissatisfied with their health benefits, burnt out from overwork, or working through injuries.

How Joye Law Firm Helps Injured Nurses

It’s unfortunate that nearly half of all workers’ compensation claims are initially denied, and the healthcare industry in particular is known for ignoring employee injuries and pushing back against workers’ compensation claims.

However, don’t let fear of a rejection discourage you from making a workers’ compensation claim after an injury on the job. State law forbids employers from retaliating against employees who file workers’ compensation claims. Furthermore, when you work with the experienced healthcare workers’ compensation attorneys at Joye Law Firm, we can help increase your claim’s chances of success, or help you receive a successful appeal against a denied claim.

Nurses deserve the same care and consideration towards their injuries as they provide their own patients. Contact us today about your case, and let us get to work for you.

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What to Expect at a Workers’ Comp Hearing in South Carolina

Many of our workers’ compensation clients call us after they receive a letter telling them their workers’ comp claim has been denied. If your claim has been denied, don’t just take the insurance company’s word for it. News flash – insurance companies love to say “no” when it comes to paying benefits.  Our law firm has recovered hundreds of thousands of dollars for injured workers whose claims were denied before they hired us.

Initial claim denials are not at all unusual. Filing a request for a hearing before a South Carolina Workers’ Compensation Commission commissioner is typically the next action step when we feel a claim has been wrongfully denied. The hearing gives us an opportunity to present supportive medical evidence and other testimony to prove your entitlement to benefits.  Often times, the insurance company agrees to accept a previously denied claim due to the pressure of an approaching hearing.

With over 125 years of combined experience representing injured workers, our workers’ compensation lawyers are well-qualified to help you develop a compelling case for benefits.

Why You Should Request a Workers’ Comp Claim Hearing

If you receive a denial letter from the workers’ compensation insurance company, it may explain why your workers’ comp claim has been denied. Three of the most common reasons claims are denied include:

• Whether you were injured while on the job
• The severity of your injury
• Issues with your claim application itself

Each of these defenses can be overcome with proper preparation for a hearing.

To assert a claim for benefits, you will need to request a hearing, which is done by filing a Form 50 with the Workers’ Compensation Commission. The form requires you to summarize your accident, injuries, lost time from work, wages, medical needs and more. It also asks you to state an estimated time needed for a hearing.

As your workers’ comp attorneys, Joye Law Firm can file a Form 50 hearing request on your behalf and prepare for the hearing.

Opening Positions at a Workers Comp Claim Hearing

A hearing in front of a South Carolina workers’ compensation commissioner essentially works like a quick, informal trial. Ultimately, your claim will only be successful if you can persuade the commissioner that the initial denial of benefits was made in error. This usually requires presenting supplemental evidence. For example, you might need a second medical opinion to provide additional evidence.

Before the hearing, your employer’s workers’ compensation insurer’s lawyer will usually take a deposition of you. This is a sworn statement about your case. It gives the defense an idea of what you intend to claim at the hearing. We will prepare you for the deposition and be present when it takes place.

A couple of weeks before the hearing, we will submit several documents to the commissioner about the case we intend to present. This includes the Form 58 Pre-Hearing Brief, a list of witnesses and other evidence we plan to present, and the actual exhibits (such as medical records) we intend to submit.

Before the hearing starts, lawyers for both sides and the hearing commissioner will meet privately to quickly review the issues in question. The hearing will begin with your lawyer presenting an very brief opening statement as to why you deserve benefits, followed by the other side stating why they believe your claim should be turned down.

The commissioner will then review the facts that both sides agree to so each lawyer can state their agreement for the record.

The Crux of Your Workers’ Comp Claim: Documented Evidence

Once opening statements have been completed at a workers’ comp hearing, each side will present its evidence to the commissioner.

Most evidence for a workers’ compensation claim is documented – accident reports, employment records and medical records. In almost every case, the medical evidence is the most important evidence.  Therefore, evidence packets must be compiled and presented by both sides to the commissioner. They are known as “APAs” for the state law governing workers’ comp procedures, the Administrative Procedures Act (A.P.A.).

To demonstrate your eligibility for benefits, the contents of your evidence packet must establish that you were injured while performing an activity related to your job. Further, it needs to show that you needed medical care for your injury and whether your injuries have prevented you from working.

You will be called to testify about your injuries and how they occurred. In many cases, the injured worker is the only witness who testifies at a hearing.  However, in denied cases, both sides may have other witnesses who will testify about the facts of your work accident.  Your doctors rarely testify at a workers’ comp hearing as the A.P.A.  allows their records to come into evidence.  In some cases, depositions of doctors are submitted as evidence.

As your lawyers, we will prepare you to testify. We cannot tell you what to say, but we will lead you through the questions we intend to ask, and explain the important facts that it is crucial that you talk about in your testimony. Essentially, we will ask you to tell your story:

• What your job is
• What you were doing when you were hurt
• How you were injured
• The initial medical care and diagnosis you received, including orders to not return to work
• That you notified your employer that you had been injured and you were advised to stay out of work
• Medical care you have received in the time since your injury
• Physical limitations you are experiencing due to your injury
• How your injury has adversely affected your ability to perform your job, as well as other activities in your life.

After you testify, the defense lawyer can cross-examine you. We will have prepared you for the defense’s likely questions. He or she will most likely attempt to get you to contradict your testimony or other evidence you have submitted. If your testimony at the hearing is inconsistent with your prior deposition testimony, the defense lawyer will almost always focus on that.  (This is why it is crucial that you are properly prepared prior to your deposition.)

If the defense has witnesses, they present them after your side rests its case. Your lawyers will be able to cross-examine them.

Once all testimony has been provided, the commissioner will then review all of the evidence and render a decision in writing. Commissioners rarely make a decision from the bench. This makes sense as there is no way the commissioner can review all of the medical evidence while listening to the witnesses’ testimony.  Most commissioners advise the parties of their decision within a few weeks of the hearing but in some cases, it could be a number of months before you are advised of the outcome.  (This can vary widely from commissioner to commissioner.  Based on our ample experience handling South Carolina work injury claims, we can give you some idea of what to expect in terms of how long it will take your assigned commissioner to make a decision).

How Has COVID-19 Affected Workers’ Comp Hearings?

Due to coronavirus concerns, the S.C. Workers’ Compensation Commission has adopted COVID-19 protocols for hearings, which include requiring face masks, using hand sanitizer and maintaining a social distance of 6 feet between participants.  We have been very impressed with the commission’s efforts to keep the workers’ compensation system functioning as fully as possible given the concerns about the coronavirus.  Ken Harrell, our law firm’s managing partner, has been one of four South Carolina lawyers who has met (via Zoom) with the chairman of the Workers’ Compensation Commission on a bi-weekly basis since the pandemic started in the U.S. to discuss best procedures for the commission and all parties to these claims.

If you prefer not to have an in-person hearing, you may request an electronic hearing using Court Call. The request must be agreed upon by all parties and approved by the jurisdictional commissioner.

Anyone who has experienced symptoms associated with COVID-19 or who has been in close contact with someone who has a confirmed COVID-19 infection within 14 days of the hearing should immediately notify their attorney or the jurisdictional commissioner so safety precautions can be implemented.

We would ask that you please contact Joye Law with any COVID-19 concerns regarding a workers’ comp hearing and let us assist you.

Contact Our South Carolina Workers’ Compensation Attorneys

As you can see, careful preparation is absolutely essential to a successful workers’ comp hearing in South Carolina. Knowing what to expect is just one part of preparation; the other is having an experienced team of lawyers on your side. You have the legal right to fight a denied workers’ compensation claim, but it requires know-how and preparation to actually win these cases. Our workers’ compensation lawyers have fought for injured workers in South Carolina for over 50 years.

To learn more about what our workers’ comp attorneys at Joye Law Firm can do for you, please call us at 888-324-3100 or fill out this online case evaluation form to schedule your free initial case evaluation. Our firm has offices in Charleston, Myrtle Beach, Columbia and Clinton, and we represent injured workers throughout the state of South Carolina.

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Hurt At Work? Here Are Your Next 6 Steps

If you have been injured at work in South Carolina, you are likely entitled to financial protection through the workers’ compensation system. This system allows injured workers to recover money for medical expenses, lost wages, and disability benefits, even if your employer didn’t do anything to cause the workplace accident that resulted in the injury.

On-the-job injuries are common – nearly 2.9 million were reported in a single recent year, according to the Bureau of Labor Statistics. These injuries range from relatively minor sprains and strains to more serious health issues.

The laws for claiming and collecting workers’ compensation in South Carolina are complex and require the injured worker to follow certain rules and meet strict deadlines. It is best to get help from a qualified lawyer to help ensure you get all the benefits you deserve.

If you have been injured on the job, here are the six things you should do:

Report Your Injury To Your Employer

Although you have 90 days to report your work injury to your employer prior to a complete bar from receiving help for the same, you should report it as soon as possible.  “Many workers do not want to report an injury to an employer in the hopes that it will get better without any medical treatment.  However, if time passes and they injury becomes worse, then the reporting issue can become a big problem when you do need help from your employer.  It is better to get a report done as soon as you are injured to protect yourself.”  Matt Jackson, Head attorney for Joye Law Firm’s workers’ compensation department.

Get Medical Help

Preferably from a doctor of your employer’s choosing.  “You should ask your employer to send you to their workers’ compensation doctor.  If they refuse you should seek treatment on your own. Matt Jackson, Head Attorney for Joye Law Firms workers’ compensation department.  Going to the doctor should always be your first priority after a workplace accident. You will also need medical records to document your injury. Even if you think your injury doesn’t need medical attention, go anyway. Problems can creep up later on, or a doctor may notice something you haven’t yet.

Tell Your Doctor Everything About Your Accident And Injury

Your doctor wants to take care of you and make you better. But the doctor can’t do that if you don’t detail all your symptoms and how the workplace accident occurred. If your workplace injury aggravated a pre-existing condition, make sure to tell the doctor about the prior condition. Having a pre-existing condition does not mean you can’t qualify for workers’ compensation.  “It is a major problem when a doctor only focuses on the worst medical issue and does not document all of the medical issues you are having from an injury.   Make a list and make certain that every injury or aggravation of any underlying pre-existing condition is documented in writing with the doctor from the very first visit.  Also, be persistent in getting treatment for all of your injuries or issues related to the workers’ compensation claim.” Matt Jackson, Lead Attorney for Joye Law Firm’s workers’ compensation division.

Get Help From A Qualified Workplace Injury Lawyer

Workers’ compensation laws are complex and the filing process has important deadlines. Consulting with a South Carolina workers’ compensation attorney will help you through the process and make sure all documents are complete and submitted in a timely manner so you can get all of the compensation you deserve under the law.

Keep Appointments And Follow Doctor’s Orders

Under workers’ compensation laws, your employer typically has the right to select your treating doctor. The doctor may order certain operations, medications or other treatments. The doctor may also order a reduced work schedule or other changes. It’s an important part of the process to follow all of the doctors’ orders. If you disagree with the treatment plan, you may be able to seek a second opinion. Once a course of treatment is agreed upon, you should follow through with the steps you are supposed to take, including taking all medications and going to all follow-up appointments.

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A Primer on South Carolina Dog Bite Law

According to the 2017-2018 APPA National Pet Owners Survey, 67% of U.S. households own a pet, and approximately 60.2 million homes own a dog.  Since 1988 pet ownership has risen 56% in 1988. Unfortunately, the number of dog bites has also risen.

In the United States, there are approximately 4.5 million dog bites that occur throughout the United States each year, and of those bites, 800,000 victims require medical care. The United States population is approximately 330 million people. This equates to approximately 2,400 dog attacks resulting in injury every day across the United States.  1 out of every 70 people experience a dog bite every year.   On a local level, according to the South Carolina Department and Environmental Control (“DHEC”), from 2010 to August 2014 there were 74,433 “dog exposures.”

As a new father, the most troubling statistic is that of the reported attacks a majority of the victims are children under the age of 12. In sum, children are the most common victims of dog bites and are far more likely to be severely injured.

South Carolina Law

In South Carolina dog bite/dog attack liability is controlled by both common law principles of negligence and by statute. We adopted the English common law (also known as judicial precedent or judge-made law) legal system just after the formation of the thirteen colonies.   It wasn’t until 1986 that the South Carolina legislature enacted code specifically addressing dog bites/attacks. See, South Carolina Code Section 47-3-110. Liability for attacks by dogs. This legislation changed the law of this state and with respect to dog bite liability and made South Carolina a strict liability state, with limited exception.

SC Code Ann. 47-3-110 reads in relevant part “the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked…”  Since the enactment of 47-3-110, South Carolina courts have interpreted the statute to mean that a dog owner is liable for his or her dog even when the dog is no longer in its control or keeping at the time of the incident – a dog owner is strictly liable if its dog bites an innocent victim.  However, the law does not create liability for a dog owner if a dog bite victim is (1) an unlawful trespasser, or (2) if the dog bite was provoked by the victim.

Liability and Insurance

Generally, homeowners and renters insurance policies offer dog bite liability coverage, unless of course, the policy contains a dog bite exclusion, which is becoming very common.   In our practice, when there is available dog bite coverage we typically see policies with $100,000 to $500,000, and commercial coverage equal to $1,000,000. However, if the value of a claim exceeds the liability limits of insurance the dog owner will be personally responsible for all damages that exceed liability coverage.

All dog owners should review their homeowners and/or renters’ insurance policies to make sure they have adequate coverage.  This should be done on an annual basis. Doing so will ensure there are funds available to help innocent victims obtain necessary medical care, and protect the financial future the dog owner.  Even if you don’t own a home you may obtain Pet Insurance.  As of July 23, 2020, Progressive Insurance is advertising pet insurance for as little as $1.00/day. Here.

What Should I Do If I’m Bitten or Attacked by a Dog?

1. Wash the Wound and Seek Medical Care.

The CDC advises all dog bite victims to immediately wash wounds with soap and water and to seek medical attention.

2. Immediately Report the Attack

If you have suffered a dog bite or an attack by a domestic animal, please report the incident to the South Carolina Department of Health and Environmental Control, or your regional DHEC Environmental Health Services Office. Reporting a dog bite or animal attack is important for three reasons. First, if you have been bitten or attacked by a dog South Carolina law requires you to report the attack within 24 hours.  Dog bites and any animal (mammal) bite occurring within this state must be reported pursuant to S.C. Code Sec. 47-5-90.  The law also requires every physician who treats a victim of a dog bite or attack to report the incident to the county health department or DHEC.

Secondly, reporting the event will result in a DHEC and/or law enforcement investigation into the incident to discover if the animal has a communicable decease, such as rabies.  The animal will undergo a quarantine period after which DHEC will inform the injured party if the animal does carry a disease so that appropriate medical treatment may be sought by the victim.

Thirdly, reporting every dog bite or attack will create a paper trail, which will allow DHEC and local authorities to take appropriate action, if necessary, to protect other innocent people from suffering a similar attack.

Conclusion

For the above-reasons, dog bites and animal attacks are a relevant legal topic, a cause for growing concern, and likely to become an increasingly talked about subject in South Carolina.  Due to the breadth of case law regarding dog bites and attacks this discussion did not encompass every aspect of this tort, nor the interplay between common law and strict liability.  Please feel free to contact us if you have any questions, or you feel that you may have a cause of action associated with a dog or animal attack. Milt Stratos is an experienced Joye Law Firm litigation attorney who has obtained numerous six-figure settlements on behalf of South Carolina dog bite victims.

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Nursing Home Failed to Prevent Pressure Ulcers from Developing

Pruitthealth-Blythewood in Columbia, SC, has been cited after state investigators found that the facility failed to “provide appropriate pressure ulcer care and prevent new ulcers from developing.”

In this situation, a knee immobilizer was applied due to a knee fracture. The immobilizer was left in place for several weeks which caused an easily preventable pressure ulcer to form on the patient’s Achilles tendon.

Review of medical records showed that an immobilizer brace was applied because of a knee injury sustained in June. Despite having orders to remove the immobilizer brace once every shift from June and September, the brace was left in place for several weeks, against doctor’s orders.

According to nurse’s notes from June, the nursing home staff had orders to remove the immobilizer every shift to check that the resident’s skin wasn’t irritated in any way, however, there was no documentation showing that this had been done.

The Physician’s Renewals from September showed orders for staff to “place soft boot material to [the resident’s] left Achilles post dressing change to prevent friction, rubbing, and promote comfort and place underneath leg immobility brace.” However, even after a second order to do so, no documentation was found that suggested that the immobilizer had been removed, or that the resident’s skin was checked every shift as ordered.

Furthermore, the CNA Bath Report only showed documentation for one day in October, which suggests this was the only day the immobilizer had been removed and the resident had been bathed.

The facility coordinator “verified [that] staff failed to removed the immobilizer daily for general care and this caused the pressure ulcer to develop.” Had the facility’s staff followed orders to remove the brace every day for general care instead of leaving it in place for several weeks, the resident would not have developed a pressure ulcer.

In addition to failure to provide general care to prevent pressure ulcers from developing, Pruitthealth-Blythewood was also cited for:

– Failing to provide care and assistance for a resident who is unable
– One resident was left unshaven for several days, had long dirty fingernails, and was not offered assistance with brushing his teeth. Staff did not follow lift procedures during a transfer, putting this resident in danger. This resident also only had documentation for 3 showers in 3 months.
– Three residents were in need of assistance with activities of daily living (ADL) and had no documentation of weekly care.

– Failing to provide appropriate treatment and care according to orders, resident’s preferences and goals
– A resident in need of assistance was not provided positioning assistance by staff.
– Another resident was not assisted out of bed for four of five days.

– Failing to post nurse staffing information every day
– The facility did not post nursing staffing information in a way that was readily available to the public and all residents. The postings also were not complete or accurate.

– Failing to procure food from sources approved or considered satisfactory and store, prepare, distribute and serve food in accordance with professional standards
– The facility failed to prepare, distribute, and serve food under sanitary conditions, having the potential to affect all 116 residents. Kitchen staff did not wear hair restraints, kitchen equipment was not properly cleaned, and foods were not being kept at the proper temperatures until served. The facility did not have a dietary manager to make sure standards were being met.

All of these cited deficiencies put vulnerable residents at risk. It is important that nursing home staff follow orders and procedures to provide residents quality care.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Nursing Home Fails to Provide CPR for Resident

Countrywood Nursing Center was cited after failing to provide a resident with Cardiopulmonary Resuscitation (CPR). The resident was a “full code status,” meaning he was to receive CPR if found unresponsive. When a staff member found the resident cold and not moving in bed, CPR was not given as ordered. The resident ultimately passed away.

The investigator of this citation reviewed nursing notes and conducted interviews to determine why CPR was not provided. According to a note, the resident had a “decline in status and had removed his [medical condition] mask.” The note said the resident continued to remove his mask and try to get out of bed on his own. When a nurse entered the room and found the resident’s mask on the floor, she noted he was cold to the touch when trying to reapply the mask.

The interviewer spoke with the Licensed Practical Nurse (LPN) who found the resident unresponsive. She stated the following:

I went into [the resident’s] room and noted the [medical condition] mask to be on the floor, I picked it up to replace it and when I touched the resident’s arm, it fell to the floor. I remembered the resident was a full code, so I proceeded to walk down the hall to the utility room, grabbed the crash cart, went behind the nurses’ desk and grabbed my stethoscope, checked the resident’s medical record to verify the code status and then I called the Registered Nurse (RN) on call to verify what to do. Upon talking to the RN, I was told not to perform CPR because at this point I would be doing more harm than good.

The interviewer asked the LPN if she was aware of the facility’s CPR policy. The LPN stated no. An interview with the Director of Nursing (DON) confirmed there “was no reprimand neither was re-education provided” to the LPN after the incident.

Review of the facility’s Emergency Procedure-Cardiopulmonary Resuscitation revealed the following:

If an individual (resident, visitor, or staff member) is found unresponsive and not breathing normally, a licensed staff member who is certified in CPR/BLS (Basic Life Support) shall initiate CPR unless;

– It is known that a Do Not Resuscitate (DNR) order specifically prohibits CPR and/or external defibrillation exists for that individual; or
– There are obvious signs of irreversible death (e.g., rigor mortis).

In response to the incident, the facility immediately provided CPR education for the nursing staff present. The Social Service Director completed a chart review of all current residents, noting at-risk residents with a full code status. All licensed and registered staff off duty were contacted via phone and required to attend a facility-wide meeting. All staff received a mandatory training to review Policy and Procedure on CPR and review identified at-risk residents with full code status. In addition, staff members were instructed to notify the DON when at-risk residents had a significant change in condition and/or when emergency procedures were initiated.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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August 4 is National Coast Guard Day!

Celebrate with these safe boating tips.

South Carolina is known for its beautiful beaches, perfect for swimming and boating. Our lush coastline also makes our state home to several Coast Guard installations, including a new “superbase” planned in Charleston near several existing United States Coast Guard sites.

Read up on the history of the Coast Guard below and learn how you can show your appreciation for this maritime-focused branch of the U.S. military on National Coast Guard Day.

What is the Coast Guard?

The Coast Guard was originally founded on August 4, 1790, by then Secretary of the Treasury Alexander Hamilton (who’s face decorates the $10 bill) as a maritime law enforcement agency, making it the longest continuous seagoing service in the United States. But the modern incarnation as we know it today was created in 1915 when President Woodrow Wilson tasked the agency with new life-saving responsibilities as well.

The Coast Guard employs and trains active duty, reserve, and volunteer members, and is responsible for defending over 100,000 miles of coastline and inland waterways across the United States.

On average, the Coast Guard operates as many as 109 search-and-rescue operations every day. They are also responsible for oil spill response, preventing drug and human trafficking, and even monitoring the location of icebergs between the Atlantic and Arctic Oceans to prevent collisions with ships.

What Should You Do on National Coast Guard Day?

You can show your appreciation for the Coast Guard using the hashtag #NationalCoastGuardDay on social media or by sending a message to a Coast Guard member through the Coast Guard Foundation website.

However, the best way to show your appreciation for our Coast Guard members is by always practicing safe boating habits every time you are on the water. These include:

• Take a boating safety course
• Get a free vessel safety check
• Learn South Carolina’s boating laws
• Educate yourself on navigation, markers, and marine right of water
• Never operate a boat after consuming alcohol
• Limit your boating to daylight hours in clear weather
• Always wear a properly fitted life vest when on the water

How to Contact the Coast Guard in a Boating Emergency

If you find yourself in an emergency and in need of rescue and have cellular connection, the Coast Guard can be reached by phone by dialing 911 as you would for any other emergency. If you are out of reach of cell service, the Coast Guard can also be reached by radio. Here’s how:

• Tune your boat’s radio to Channel 16 VHF-FM (156.8 MHz).
• Holding down the transmit button, clearly say “MAYDAY MAYDAY MAYDAY” and provide your boat’s name and description, your location, the nature of your emergency, and the number of people on board.
• After releasing the transmit button, wait 10 seconds. If there is no response, repeat the call.

After a Boating Accident

Boating accidents are chaotic and frightening, especially if a rescue by the Coast Guard is required. But in the hours, days, and weeks after an accident, it is important to take appropriate steps to stay within the law and protect your rights.

Accidents must be reported to the authorities if anyone is injured, killed, or goes missing, and if the boat is destroyed or sustains more than $2,000 worth of damage. Furthermore, if you intend to file a compensation claim for any injuries suffered, the statute of limitations (referring to the legal time frame) to do so in South Carolina is typically three years from the day of the injury.

If your accident was caused by a negligent boat operator, whether they failed to use navigation lights while boating between sunset and sunrise, drove too fast for the conditions, or drove under the influence of alcohol, they can and should be held responsible for the injuries they caused.

Contact our South Carolina boating accident law firm today to speak to an experienced attorney about how to get the compensation you need and deserve after a boat accident.

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