OSHA Issues Guidance to Help Construction Workers During the Coronavirus Pandemic

As businesses re-open after closures during the coronavirus pandemic, there is more risk for workers to be exposed to the COVID-19 coronavirus, the South Carolina Department of Health and Environmental Control (DHEC) advises in a recent update. That makes it more important than ever to focus our efforts to minimize the spread of this virus.

The U.S. Department of Labor has issued OSHA guidance and created a webpage dedicated to COVID-19 to assist the construction industry as it returns to work in South Carolina and across the country.

OSHA says the guidance is intended to keep construction workers safe but imposes no new legal obligations on businesses.

“It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.”

The recommendations featured in an accompanying OSHA news release include:

• Keeping in-person meetings including toolbox talks and safety meetings as short as possible, limiting the number of workers in attendance, and using social distancing practices
• Requesting that shared spaces in houses or occupied office buildings where construction activities are being performed have good air flow
• Staggering work schedules to reduce the total number of employees on a job site at any given time and to ensure physical distancing.

How Has COVID-19 Impacted the Construction Industry?

The full economic impact of the coronavirus pandemic on the construction industry in South Carolina has yet to be determined. A report by Colliers International, a real estate services and investment management company with offices in Charleston, Columbia and Greenville, indicates what a global concern construction in the Palmetto State has become. The report’s synopsis reads:

The effects of the coronavirus, COVID-19, are being felt in South Carolina with a growing uncertainty regarding the virus and its ancillary effects on the economy. The severity of the impact of COVID-19 on South Carolina’s construction industry will be determined by the virus’s effect on the globally interconnected workforce, with primary emphasis on manufacturing employees and construction workers with the Port of Charleston or any other seaport caught in between.

MidlandsBiz, an online business magazine focused on Columbia, says in an article that quotes the Colliers International report that a reduction in Chinese manufacturing and shipping was felt early in the pandemic in the U.S. market. The article quotes Jim Newsome, CEO of the South Carolina Ports Authority, as anticipating a 15% drop in volume during March and April. Various material suppliers announced price increases ranging from 5% to 10% on gypsum board, fiberglass panels, acoustical ceiling tile, metal studs and paint.

“In a best-case scenario, it should be anticipated that the industry will experience temporary price increases and prolonged lead times on certain materials. If the worst happens, the ability to deliver projects on time and on budget may be in jeopardy. Proactive, professional management of construction projects and staying abreast of current trends will be critical to success in either scenario,” the report says.

Among the steps MidlandsBiz recommends for those planning to develop or renovate properties is to “protect workers from infection by following recommendations issued by the Centers for Disease Control (CDC).”

How Can Construction Workers Protect Their Health and Slow the Spread?

Among the recommendations from OSHA and the CDC for construction workers are:

• Notify your supervisor and stay home if you have symptoms. Notify your supervisor if you have a sick family member at home with COVID-19 and follow CDC-recommended precautions.
• Limit close contact with others by maintaining a distance of at least 6 feet, when possible. Limit the number of workers in small workspace areas, such as job site elevators, trailers and vehicles, and spaces under construction, if possible.
• Use closed doors and walls, whenever feasible, as physical barriers to separate workers from any individuals experiencing signs and/or symptoms consistent with COVID-19. Consider erecting plastic sheeting barriers when workers need to occupy specific areas of an indoor worksite where they are in close contact (less than 6 feet) with someone suspected of having or known to have COVID-19.

How Employers of Construction Workers Can Slow the Spread

Among the recommendations from OSHA and the CDC for construction employers are:

• Have a COVID-19 response plan to protect workers that follows CDC Interim Guidance for Businesses and Employers, and share this plan with employees and contractors in languages they all understand.
• Conduct toolbox talks on all job sites to explain the protective measures in place.
• Provide employees with access to soap, clean running water, and materials for drying their hands or, if soap and water are not readily available, provide alcohol-based hand sanitizers containing at least 60% alcohol at stations around the job site.
• Modify work schedules to stagger work, provide alternating workdays or extra shifts to reduce the total number of workers on a job site at any given time.
• Screen calls when scheduling indoor construction work to assess potential exposures and circumstances in the work environment before worker entry.

Pre-existing OSHA standards (29 CFR 1926 Subpart E) require that employers provide personal protective equipment (PPE) required by the job. On the new webpage, OSHA says, “Most construction workers are unlikely to need PPE beyond what they use to protect themselves during routine job tasks.”

Are Construction Workers Protected If They Get Sick on the Job?

A recent report from WIS TV 10 in Columbia says South Carolina OSHA has received 135 COVID-19 related complaints about problems such as:

• Lack of or inadequate amount of personal protective equipment
• Individuals working who had symptoms of COVID-19
• Not complying with social distancing
• Employers not listening to/acting on employee complaints.

Construction workers who have evidence that they became ill with COVID-19 while on the job may be able to obtain workers’ compensation benefits. How the worker can prove he or she contracted the virus at work and nowhere else during a pandemic will be the primary issue as the state considers a contested claim.

One positive development in the potential for workers’ comp claims over COVID-19 is that the South Carolina Workers’ Compensation Commission has updated its system in anticipation of COVID-19 cases. The WCC announced in a news release that it will accept two new Injury Description Table codes:

• Cause of Injury Code (DN0037) – 83 for “Pandemic”
• Nature of Injury Code (DN0035) – 83 for “COVID‐19”

The workers’ compensation attorneys of Joye Law Firm are actively reviewing cases from workers with COVID-19-related workers’ comp claims. If you or your loved one’s coronavirus case was truly contracted while on the job, you deserve benefits and we will fight with you to get them.

Our firm has offices in North Charleston, Myrtle Beach, Columbia, and Clinton. We also represent work injury victims throughout the state of South Carolina, including Horry County, Richland County, Laurens County, and Lexington County. Call us at 888-324-3100 or contact us online to schedule a free evaluation of your case.

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Car Accidents Deaths Decline Amid COVID-19, But Summer is Coming

One side effect of the COVID-19 coronavirus pandemic closure orders is that the number of car accident fatalities in South Carolina is down this year compared to this time last year. That’s according to the South Carolina Department of Public Safety as reported by WIS News in Columbia.

As of May 5, 2019, 327 people had died on South Carolina roadways last year. As of May 5 of this year, 255 people have lost their lives in fatal crashes in the Palmetto State, the report says. That’s a 22% decrease.

Master Trooper David Jones of the South Carolina Highway Patrol said that because of coronavirus-related stay-at-home orders, there were fewer people on the roads in April. With less traffic, there were fewer accidents. Even before COVID-19 was first reported in South Carolina, there had been a decrease in the number of traffic deaths this year compared to 2019.

But, now that COVID-19 isolation orders are being lifted, the Highway Patrol is gearing up for the typically busier and deadlier summer months, Jones said.

As car accident injury attorneys who have studied motor vehicle accidents across South Carolina for more than 50 years, we at Joye Law Firm see several factors combining in a worrisome way as we re-open the state in time for summer.

Will Summer 2020 Be Bad for Car Accidents?

As Master Trooper Jones suggests, summer months usually have an increase in car accidents. More people travel in summer, and the season is framed by three holidays – Memorial Day in May, the Fourth of July and Labor Day in September – notorious for alcohol consumption and a spike in car accidents.

The Insurance Institute for Highway Safety (IIHS) says the summer and early fall are the most dangerous times of year on the nation’s roads. On average, the most traffic fatalities per day occur in July and August, followed closely by June, September and October. The IIHS ran its analysis of the data twice over two six-year periods.

“Roadway deaths have declined since our original study, but the pattern of deaths is unchanged,” Charles Farmer, IIHS vice president for research and statistical services, said. “The riskiest times remain risky.”

The AAA Foundation for Traffic Safety calls the period between Memorial Day and Labor Day the “100 Deadliest Days.” Car accidents involving teen drivers “increase significantly during the summer because teens are out of school and driving more,” AAA says. Inexperienced teenage drivers also stay out later at night and on weeknights more often in the summer than during the school year.

In its fourth annual study of holiday traffic fatalities, AutoInsurance.org says statistics indicate that the three summer holidays of Independence Day, Memorial Day, and Labor Day are the first, second and third deadliest holidays on the roads.

“As states begin to reopen for business following the first wave of coronavirus closures, traffic fatalities will again rise,” the report says. “This rise will be especially felt during the upcoming Memorial Day weekend, a time when traffic fatalities, especially drunk driving-related deaths, are historically high.”

The authors of the study note that many local governments are canceling this year’s Independence Day celebrations in light of the coronavirus outbreak. “That means Memorial Day, the first major holiday to occur as COVID-19 restrictions lighten, could take the top spot on the list of deadliest holidays on America’s roads,” they say.

Will a Rebounding Economy Add to Summertime Car Accidents?

The IIHS study above is cited alongside another study titled “Higher Driver Death Rate Is A Downside Of Economic Recovery.” This study was conducted during the recovery from the Great Recession of 2007-2009.

As we hope for the quick economic recovery that President Trump has predicted from the COVID-19 downturn, we recall the IIHS researchers’ statements that, “As unemployment falls, both vehicle miles traveled and crash deaths increase. In a stronger economy, people tend to drive more.”

Discretionary driving, such as to go out to dinner and to travel, increases as economic conditions improve and has more impact on crash and fatality rates than the increase in commuter traffic, according to the IIHS. A good economy also affects how fast people drive, the study says.

Speeding has already become an issue during the COVID-19 pandemic. “Despite there being far fewer vehicles on the road due to COVID-19 stay-at-home orders, state highway safety officials across the country are seeing a severe spike in speeding,” the Governors Highway Safety Association (GHSA) has reported. “Many states have reported alarming speed increases, with some noting a significant surge in vehicles clocked at 100 mph or more.”

The Washington Post found similar speeding and reckless driving across the country. “Reports of drag racing, drivers chasing land-speed records, and more speed-related crashes began setting off alarm bells for police agencies across the country almost immediately after states began their coronavirus lockdowns in mid-March and traffic volumes fell dramatically,” the Post says.

Contact Our South Carolina Car Accident Attorneys

At Joye Law Firm, we know that all drivers and road users have a duty of safety to each other when we take to South Carolina’s public roads. However, experience tells us that some drivers will disregard their responsibility to take safety precautions when driving and will put themselves and others at risk of injury.

When drivers are negligent or reckless and cause accidents that lead to injury or death, they and their insurance providers should be held accountable. Our car accident attorneys help individuals and families seek full compensation for their losses after auto accidents that were not their fault. If you’ve been injured or lost a loved one in a South Carolina car accident caused by someone else’s negligence, let us discuss how we can help you.

Call Joye Law Firm. Contact us at 888-324-3100 or use this online contact form for a free case review today. We can help clients with car accident cases from Columbia, Myrtle Beach, North Charleston, Clinton, and more.

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Impact of COVID-19 on Personal Injury Cases in South Carolina

As South Carolina begins to re-open from the COVID-19 pandemic shutdown, clients of Joye Law Firm and others who have suffered injuries in accidents may wonder how the coronavirus has affected their personal injury claims.

Our law firm continues to move forward with existing clients’ cases and with evaluating the legal options of all South Carolina residents who contact us about personal injuries caused by others’ negligence.

However, this is not to say COVID-19 has had no impact on personal injury cases. We are adjusting, just as we know you are. Our objective remains to seek justice and the most compensation available to you based on specific facts of your accident.

Joye Law Firm is here to help you with your legal needs after a serious accident caused by others’ negligence or disregard for safety. You can reach us at (888) 324-3100.

Compensation for You through Settling a Personal Injury Case

If you have a case pending with Joye Law, you should have heard from us since we temporarily closed our offices to most visits at the end of March. If you have questions about the status of your case, do not hesitate to contact us.

Our electronic case management system allows our staff and attorneys to work remotely to monitor claim deadlines and, when necessary, file lawsuits. Our goal is to try to obtain a fair settlement for you without the necessity of filing a lawsuit. This is done through negotiations with the insurer once we have investigated the accident and present a demand packet to the insurance company.

Most insurance company claim adjusters continue to work, although many are working from home. We are able to contact them by phone and/or online platforms to review evidence and press for a resolution to your claim. If we receive a settlement offer on your case, your attorney will promptly contact you to discuss it.

Getting Medical Treatment for Your Injuries During Coronavirus

Before presenting a demand to an insurance company for compensation, it is important that you have completed your accident-related medical care and reached maximum medical improvement. The majority of your claim typically involves recovery of your medical expenses. You also need to complete medical care as directed by your doctors. If you fail to keep follow-up appointments or follow the doctor’s orders, the insurance company may make an argument that you are not as severely injured as you claim to be.

We understand a reluctance to visit a hospital or other medical centers during the coronavirus pandemic. In addition to exposure to illness, you may be wary of overburdening medical workers. As of mid-May, the S.C. Department of Health and Environmental Control had reported 8,189 coronavirus cases identified across the state’s 46 counties, according to the SCETV COVID-19 tracker. South Carolinians are still encouraged to stay home and minimize contact with people outside their households to prevent the spread of the disease.

Most medical practices in South Carolina have adapted to the situation at hand. Many are using video-conferencing technology, particularly for evaluation appointments. Some medical practices continue to have patients come to their offices for hands-on examinations and treatment.

If you are scheduled to receive care or ongoing treatment, please contact your doctor’s office for instructions. Contact your pharmacy or doctor’s office about filling or refilling prescriptions, as well. They will be able to advise you of safety precautions in place for patients. Your doctor may have you check in from their parking lot via phone and wait to be asked to enter the building. Your pharmacy may have a drive-thru window or curbside delivery.

Meanwhile, our injury attorneys are continuing to gather medical records and bills related to our clients’ cases electronically or via the mail. We are continuing to prepare settlement demand packets and submitting them to insurance companies.

Moving Lawsuits Forward While Staying at ‘Home’

If you haven’t participated in a remote video conference, you’ve likely seen them on TV or online. Remote communication software has become a standard tool for many of us and allows legal work to continue, even when many offices are closed to the public.

If Joye Law has filed a personal injury lawsuit on your behalf, you can be assured we are continuing to work toward its resolution. As we have discussed with you previously, this includes continued negotiations toward a settlement, which is the most likely outcome of your case, even if a lawsuit is pending.

South Carolina Courts have ordered all status conferences, pre-trial hearings and pre-trial motions to be conducted using remote communication technology. We are also using remote technology to take depositions for lawsuits in the discovery phase. Defense lawyers must consent to using video-conferencing or telephone conferences for depositions, but consent is easier to obtain as this becomes more commonplace.

If we cannot reach a settlement agreement and have completed work toward filing a lawsuit on your behalf, we will file it promptly. While we can typically file lawsuits well within the statute of limitations, it is worth noting that the S.C. Courts have so far declined to suspend the count of time toward the statute of limitations during the coronavirus emergency (see Article 12 of the Court’s April 22 order).

The Court’s April 22 order delays all civil and criminal trials until further notice. This order may be withdrawn any day as the state of South Carolina starts to re-open, but no such order had been issued as of this writing.

Contact Our S.C. Personal Injury Lawyers

The COVID-19 coronavirus and its associated safety precautions affect all aspects of life, but do not necessarily stop daily activities that can lead to personal injury accidents. If you have been seriously injured in a car accident, a slip and fall accident or any accident that was not our fault, you should speak to an attorney right away about compensation you may be due.

The experienced South Carolina personal injury attorneys of Joye Law Firm are available to respond to your call, just as we remain on duty for existing clients. From anywhere in South Carolina, we urge you to call Joye Law Firm now at 888-324-3100 or fill out this online contact form to set up a no-cost claim evaluation.

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VA Expands Virtual Services to Support Veterans During COVID-19 Pandemic

The Department of Veterans Affairs has increased virtual services available to Veterans online as it closes offices and curtails in-person services in response to the COVID-19 pandemic.

Veterans who have not needed services recently may have missed the closing of all 56 regional Veterans Benefits Administration offices to the public on March 19. The VA also discontinued Transition Assistance Program benefits briefings and services on military installations for transitioning service members and their families as of March 30.

However, the VA says in a news release that many in-person services are available via the phone or online through virtual options such as VA Video Connect.

The VA is promising:

• Uninterrupted GI Bill payments so students continue to receive their benefits unaffected by any change from in-person to online learning.
• Educational counseling online and via the telephone to support students.
• Vocational Rehabilitation and Employment Services for Veterans through teleconferencing; case management and general counseling through VA Video Connect.
• Informal conference hearings by telephone or video conferencing when needed.
• Collection of information by telephone to process fiduciary claims. When necessary, other accommodations will be arranged.
• Gathering of information via phone or teleconference when possible to process grant requests for special adaptive housing.
• Examinations for disability benefits using tele-compensation and pension (“tele-C&P”) exams. If an in-person exam is required, Veterans will be notified for scheduling.
• Virtual briefings and individualized counseling for transitioning service members where possible. Service members who have not received these briefings, as required by TAP, may access the Joint Knowledge Online (JKO) platform and register for “TGPS-US006: VA Benefits and Services.”

Virtual VA Healthcare Services for Veterans During COVID-19

A report in Healthcare IT News reviews the VA’s plan to provide most outpatient care for veterans through telehealth services in response to COVID-19. The plan identifies telehealth services as a preferred delivery system when possible.

“Telehealth” is the use of electronic information and telecommunications technologies to support long-distance clinical health care, patient and professional health-related education, public health and health administration. Technologies include videoconferencing, the internet, store-and-forward imaging, streaming media, and terrestrial and wireless communications.

VA clinics are to attempt to shift to a telehealth mode with phone, video, and/or electronic communication to meet the immediate needs of ambulatory patients, with the exception of some urgent care (including primary and mental health), the VA COVID-19 response plan says.

Veterans with mild COVID-19 symptoms who can stay home will be managed through telehealth and the potential use of mobile services, such as the Annie App – a VA service that sends automated text messages to Veterans to help them stay focused on their self-care and assist with follow-up.

“With approximately 80 percent of persons with COVID-19 having asymptomatic disease or mild symptoms, limited inpatient resources should be reserved for those with severe disease or significant contraindications to at-home quarantine or isolation,” the VA concluded.

The plan says the VA will:

• Implement telehealth programs to reduce the number of COVID-19 cases entering medical facilities.
• Support Veterans in voluntary home isolation through telehealth.
• Use telehealth technology to monitor and track patients under care in home quarantine.
• Conduct mental health, medical, and surgical specialty consultation using non-face-to-face methods when possible.
• Train and equip readjustment counselors to provide virtual services via VA Video Connect.
• Ensure VA chaplains are trained in telehealth to provide spiritual care for Veterans via VA Video Connect.

Healthcare IT News says the VA “has been prioritizing telehealth in a big way since long before the pandemic and has been seeing record engagement numbers.” Previously, the VA reported that it delivered more than 2.6 million episodes of telehealth care in FY 2019 to more than 900,000 Veterans.

Assisting Veterans Before, During, After COVID-19

Our veterans’ disability lawyers at Joye Law Firm in South Carolina honor the service of our veterans. We fight to ensure that the men and women who served our nation in the U.S. Army, Air Force, Navy, Marines and Coast Guard receive the full benefits that they have been promised through the Department of Veterans Affairs.

Our attorneys offer free consultations to veterans who are disabled as a result of military service and have been denied appropriate disability benefits from the VA. Our experienced veterans’ disability attorneys can navigate the VA bureaucracy, work through the appeals process and help you seek the financial compensation and medical benefits available to disabled veterans.

We welcome veterans from all branches of service. We work to help veterans obtain benefits, whether your disability is related to combat wounds, training injuries, PTSD, chemical exposure, or any service-connected loss.

Whether you need to appeal a VA decision on a denied claim, get your disability rating increased or seek additional VA benefits you now qualify for, Joye Law Firm is ready to stand with you.

We don’t accept payment unless we recover benefits for you. For a free consultation and review of your claim for VA disability benefits, please call Joye Law Firm at 877-936-9707 or use our online contact form. Our aggressive and experienced VA disability attorneys will fight for you.

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Covid-19 Reveals Vulnerabilities in Nursing Homes of South Carolina

Outbreaks of Coronavirus in nursing homes in South Carolina and other states have shown that nursing home residents are particularly vulnerable to the deadly respiratory disease.

A King County, Washington, nursing home was the nation’s first “hot spot” for coronavirus cases in late February and early March. According to the Centers for Disease Control and Prevention (CDC), COVID-19 infected 81 residents, 34 staff members and 14 visitors. Twenty-three people have died.

Multiple cases of COVID-19 have been traced to a Lexington Medical Care Extended Living Facility in Lexington County, South Carolina. An older male resident of the facility who died in March was the state’s first COVID-19 fatality, The State newspaper reported.

On March 30, ABC News reported coronavirus outbreaks “infecting hundreds of residents … and killing at least five people” at four nursing homes in four states over the previous weekend – Maryland, West Virginia, Virginia and Tennessee.

South Carolina is home to nearly 200 nursing homes and thousands of nursing home residents, according to the S.C. Department of Health and Environmental Control. Despite many South Carolina nursing homes closing their doors to visitors since late March, as recently as April 7, an Anderson, S.C., nursing home reported a resident testing positive for COVID-19.

There are many questions to be raised and answered in the coming months about how nursing homes have dealt with the COVID-19 coronavirus and protections for vulnerable residents. Family members of nursing home residents who have been hospitalized and/or died from the virus will inquire as to whether the nursing home facility took reasonable steps to protect residents and prevent the spread of the virus.

What Should Nursing Homes Do to Protect Residents from COVID-19?

The COVID-19 coronavirus is a respiratory disease spread mainly through person-to-person contact. The elderly and people with underlying health problems are particularly vulnerable to the potentially fatal virus. Researchers suggest that the elevated risk of serious illness and death from COVID-19 among the elderly is due to frailty of the immune system among people age 70 and older and those who have preexisting conditions.

Unfortunately, elderly people with debilitating medical conditions who live in close proximity to each other describes nursing homes. Bring in visitors or staff who may have coronavirus but are not exhibiting any symptoms, and you have the perfect storm of COVID-19 contagion.

Following outbreaks at nursing homes and other long-term care facilities across the country, the CDC issued general strategies for preventing the spread of COVID-19 in long-term care facilities (LTCFs). They are the same strategies these facilities use every day to detect and prevent the spread of other respiratory viruses like influenza, the federal agency said.

The Centers for Medicare & Medicaid Services (CMS), which funds most nursing homes and other LTCFs, has issued its own guidance for infection control to prevent the spread of COVID-19 at a variety of inpatient and outpatient healthcare facilities and for healthcare providers, based on CDC guidelines.

CMS’s five guidelines for nursing homes and other LTCFs to prevent the spread of COVID-19 include:

• Nursing homes should immediately ensure that they are complying with all CMS and CDC guidance related to infection control.
• State and local health departments should work with long-term care facilities in their communities to determine and help address long-term care facility needs for personal protection equipment (PPE) and/or COVID-19 tests.
• Long-term care facilities should immediately begin screening every individual who enters a long-term care facility including residents, staff, visitors, outside healthcare workers and vendors for symptoms of COVID-19. Everyone should be asked about COVID-19 symptoms and have their temperature checked.
• Nursing homes should ensure all staff are using appropriate protective masks and garments when they are interacting with long-term care patients, to the extent that the equipment is available. For the duration of the state of emergency, all long-term care facility personnel should wear a facemask while they are in the facility.
• To avoid transmission within long-term care facilities, facilities should use separate staffing teams for COVID-19-positive residents to the best of their ability, and work with state and local leaders to designate separate facilities or units within a facility to separate COVID-19 negative residents from COVID-19 positive residents and individuals with unknown COVID-19 status.

The CDC’s guidance for nursing homes is much more comprehensive. Its most recently posted updates to infection control guidance is that nursing homes should assume that COVID-19 could already be in their community and to recommend that nursing homes:

• Restrict all visitation except for certain compassionate care situations, such as end of life situations
• Restrict all volunteers and non-essential healthcare personnel such as hair stylists and barbers
• Cancel all group activities and communal dining
• Implement active screening of residents and nursing home staff for fever and respiratory symptoms

Among its recommendations of steps that facilities should take now, the CDC says:

• Educate residents, healthcare personnel, and visitors. Educate residents and families including:
• Information about COVID-19
• Actions the facility is taking to protect them and their loved ones, including visitor restrictions
• Actions residents and families can take to protect themselves in the facility

Provide supplies for recommended infection prevention and control practices

• Hand hygiene supplies
• Personal protective equipment (PPE)
• Environmental cleaning and disinfection.

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Six Joye Law Firm Attorneys Included in 2020 Best Lawyers in America®

The South Carolina injury law firm is proud to have six attorneys recognized by their legal peers

We are pleased to announce that six attorneys in Joye Law Firm’s North Charleston office have been selected for inclusion in the 2020 edition of The Best Lawyers in America®, reflecting the strength and depth of our legal team.

The Best Lawyers’ recognition includes firm honor and individual Lawyer of the Year accolades for two of our attorneys who received the highest peer review feedback within a specific practice area in Charleston. Only one attorney is recognized as Lawyer of the Year for each specialty and location.

Senior Partner, Mark C. Joye was honored by Best Lawyers as the 2020 “Lawyer of the Year” for Product Liability Litigation-Plaintiffs for Charleston.

Managing Partner, Attorney Ken Harrell was awarded 2020 “Lawyer of the Year” in the category of Personal Injury Litigation-Plaintiffs for Charleston.

Joye Law Firm is top listed by Best Lawyers for the law firm’s work in Personal Injury Litigation – plaintiffs in North Charleston. The top-listed honor is given to the law firm that has the most listed lawyers in a particular practice area in a geographic area. The four attorneys at Joye Law Firm recognized for their work representing plaintiffs in personal injury litigation in Charleston are Patrick L. Jennings, Sydney Lynn, Christopher McCool and Mark Joye.

Our law firm is also top listed by Best Lawyers in Charleston in the practice area of Workers’ Compensation Law – Claimants with four attorneys included. Those recognized include Matthew W. Jackson, who heads Joye Law’s Workers’ Compensation Department, as well as Patrick Jennings, Ken Harrell and Mark Joye.

For more than 50 years, Joye Law Firm has prided itself on delivering the best possible representation to South Carolinians struggling to recover from serious injuries. In addition to the Best Lawyers’ recognition, many of our attorneys have been listed as South Carolina Super Lawyers and Rising Stars. Joye Law Firm has been listed with an AV rating by the prestigious Martindale-Hubbell legal directory. An AV rating is the highest rating for legal skill and ethics.

Joye Law Firm was founded in 1968 by the renowned trial lawyer, Attorney Reese Joye. Since that time, the firm has developed a national reputation for legal ethics and skill and has secured more than half a billion dollars in verdicts and settlements for clients. We have helped thousands of people in South Carolina overcome serious injuries and move forward with their lives. Read testimonials from our former clients and reach out to us if may assist you. We care about our clients and we think our passion for justice shows.

Best Lawyers publishes lists of top-rated lawyers in more than 70 countries and is the oldest and most respected lawyer-ranking service in the world. Founded in 1981, Best Lawyers seeks to highlight the accomplishments of those in the legal profession. Recognition by Best Lawyers in America is based entirely on peer review.

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Fired While on Workers’ Compensation: Can It Happen To Me in S.C.?

Sometimes an unscrupulous employer will decide that the easiest way to limit the cost of a  workers’ compensation claim is to fire the injured worker. Anyone on workers’ compensation who finds themselves in this situation should contact a workers’ comp attorney right away.

It is against the law in South Carolina to fire an employee simply because the injured worker has opened a workers’ compensation claim. This is illegal retaliation. But South Carolina is an “employment-at-will” state and the law leans heavily in employers’ favor. There are several ways you can legally lose your job while on workers’ comp.

An experienced workers’ compensation lawyer at Joye Law Firm can dig into the circumstances of your termination and protect your rights if you have been illegally fired. You may be entitled to be reinstated if you were improperly dismissed. Our workers’ compensation attorneys at Joye Law Firm are committed to fighting for injured workers.

Losing Your Job While on Workers’ Comp

Workers’ compensation is an insurance program that provides paid medical care and financial benefits for employees who are injured on the job. With few exceptions, an injured worker in South Carolina can receive paid medical treatment and receive weekly checks while out of work to cover a portion of lost wages, regardless of who is responsible for the injury.

The objective of workers’ compensation is to help the employee recover so that he or she may return to their job duties. Under workers’ compensation rules, the worker’s treating doctor can eventually declare the worker has recovered sufficiently to return to work.

South Carolina law recognizes certain business reasons for a business to dismiss an employee.

They include:

• Inability to operate without a key position filled. If the injured employee performed a job essential to the business’s operations, the owner may replace him or her instead of letting the business suffer. If there is not another suitable position for the returning worker, the employer is not required to retain them.
• The returning worker is no longer capable of performing the job.
• There’s no position available that accommodates the worker’s injury-related disability or medically prescribed work restrictions, including light-duty work or a permanent position.
• The cost of refitting a workspace to accommodate the employee’s temporary or permanent disabilities would be an unreasonable financial hardship on the employer.
• The employer decides that the worker’s job performance does not meet established standards.

However, a business that fires an injured worker for filing a workers’ comp claim may try to defend its action by citing one of the business reasons for not retaining an injured worker who has filed for benefits or is on workers’ compensation leave. If you are facing this situation, it’s helpful to have one of our experienced workers’ comp attorneys review the facts and discuss your rights as an injured worker.

If you are let go from employment because you are physically unable to perform your job, you should continue to receive workers’ comp disability benefits until your treating physician reports that your status has changed.

How We Fight Wrongful Termination Over Workers’ Comp Claims in SC

In South Carolina, the employer may in theory end the employment relationship without giving a reason. However, public policy exceptions to at-will employment make it illegal for an employer to fire an employee if doing so breaks the law. This includes firing someone for seeking workers’ compensation.

You may seek reinstatement if you have been fired based on having filed for workers’ compensation in South Carolina. Whether you want to get your job back, negotiate a settlement or pursue a lawsuit, a lawyer from Joye Law Firm can help you assert your legal rights.

We would investigate why you were let go from your job to determine whether the employer’s stated reason was valid. In addition to interviewing multiple parties at your workplace to determine the sequence of events leading to your dismissal, we would seek a court order for access to certain records, such as:

• Job descriptions
• Organizational charts and employee headcounts
• Employee handbooks
• Records of pay raises
• Records of disciplinary actions
• Performance reviews.

We would obtain your medical records to establish your fitness for work, if that is an issue, and could help you obtain additional assessments if necessary to strengthen your claim.

It is important for you to keep all documentation you have related to your injury and your employment status, particularly correspondence (mail or email) between you and your employer, human resources or others at your workplace.

We would investigate your employer’s claims and seek any available evidence that rebuts their assertions and builds a solid case for you. Sometimes our investigation itself causes an employer to rethink their position and come up with a solution that keeps our client on the job.

Settling Your Workers’ Compensation Claim

It is easy to understand that you might not want to return to a job if you knew your employer wanted to fire you.

In such a case, we could work to settle and close your workers’ compensation claim. This is a negotiated agreement that results in a lump-sum payment in lieu of continuing benefit checks. Its terms must be approved by the S.C. Workers’ Compensation Commission.

In South Carolina, there are three types of settlement:

• A Form 16A agreement, which continues to pay for any further medical treatment recommended by the treating physician and allows one year to file a change-of-condition claim and obtain additional medical benefits.
• A so-called “clincher” agreement, which typically ends all benefits.
• An indemnity-only clincher, which provides for ongoing medical treatment.

We would thoroughly review your claim and discuss options with you. As you approach “maximum medical improvement,” your costs and losses related to your work injury and appropriate workers’ comp benefits would be apparent. Negotiating a settlement that satisfies your costs and losses to the fullest extent allowed under S.C. workers’ compensation regulations could allow you to put this chapter behind you so you can move on with your financial stability ensured.

Contact Our SC Workers’ Compensation Lawyers

You have a legal right to workers’ compensation benefits if injured on the job and to return to work if and when you recover. If your employer terminates your employment or seeks to end benefits, contact Joye Law Firm for a free consultation with one of our workers’ compensation attorneys.

Our firm has offices in North Charleston, Myrtle Beach, Columbia and Clinton, and we represent work injury victims throughout South Carolina, including Horry County, Richland County, Laurens County and Lexington County. Please call us at 877-936-9707 or fill out this online case evaluation form now.

The post Fired While on Workers’ Compensation: Can It Happen To Me in S.C.? appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2020/03/fired-while-on-workers-compensation-in-sc/
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