Third Party Settlement Could Terminate Workers' Compensation BenefitsIn many South Carolina Workers' Compensation Cases, an employee is injured as the result of a third party's negligence. We see these cases in a product laibility case, a case where someone other than an employer mainatained a machine that caused the injury or in a car accident while on the job. The most common is a work related car accident injury.
Last October, a 40-year-old man was arrested in connection with a fatal motorcycle accident that killed two people and injured a third in Greer, South Carolina. Recently, the man pleaded guilty to charges of felony driving under the influence with a death and felony driving under the influence with great bodily injury. Under the terms of the man's sentence, he will serve 25 years in prison for the fatal accident.
In yesterday Columbia, SC a bill passed the South Carolina House Committee that would prevent a custody or family court judge from granting child custody to a parent, grandparent or guardian that has been convicted of Criminal Sexual Conduct in the First Degree against a minor.
WYFF4 and the South Carolina State Troopers are reporting that a 46 year old man was driving drunk when he lost control of his vehicle wrecking into another a car, then a tree and ultimately two homes in the area of Pine Knoll Road in Greenville County, SC. Other than the driver, it is does not appear that anyone was injured in this car accident.
A pickup truck driver is now facing DUI charges after a recent collision on West Georgia Road in Greenville. According to officials with the South Carolina Highway Patrol, the truck driver hit a school bus head-on after crossing the center line. The car accident left seven people, including the truck driver, injured.
The first step towards helping prevent future train accidents is on its way as it has passed the first stage of approval. It has one more stop before it reaches Governor Nikki Haley's desk to be signed into law. The current proposal requires these miniature trains to have a speedometer which will limit the train to a safe speed. The law will be called Benji's Law in honor of the wrongful death of Benji Easler, the young boy kiled in the horrific crash.
Within the last 5 years, there have been various publications that have identified primary and secondary factors associated with carpal tunnel syndrome which casuse a hand injury and/or an arm injury. Carpal tunnel syndrome can occur by a traumatic injury or single event but we normally see workers comp carpal tunnel syndrome as a result of a repetitive injury at work and therefore covered by workers' compensation.
Generally ,all Workers Compensation claims and on the job injuries in South Carolina must be reported with 90 days from the date of the injury unless reasonable excuse can be made. The 90 day requirement is a little different in repetitive trauma cases. See Repetitive Trauma Reporting Requirements Blog for more details.
At first blush, most people would argue that adultery is very relevant to deciding child custody in South Carolina. If a parent is going to make a bad decision such as that shouldn't it also be assumed that there is the chance that they will make a bad decision later related that could put the child at risk or at least teach them an inappropriate behavior.
In South Carolina Workers Compensation knee injuries are considered leg injuries and benefits are to the entire leg. On the job knee injuries are sometimes some of the more serious injuries sustained by an injured worker. In our everyday life we use or legs to do almost everything and having a workers compensation leg injury can be completely debilitating. Being on our feet often make for a longer healing period when someone has a leg injury.
Permanent impairment is often confused with disability. Impairment is assigned by a medical doctor. The doctor looks at a reference manual and determines what body part is hurt and based upon the type of work related injury, medical treatment received, what the appropriate impairment rating is that has been sustained by the injured employee.
A small explosion in a chemistry lab at South Carolina State University on Feb. 6 left a chemical lab technician and five students injured. Fortunately, all six were reportedly in good condition, and it appears that none of the students received any physical injury. However, the lab technician's forearm was hurt in the explosion. The injury may provide grounds for filing a workers' compensation claim with the university by the lab technician. It is unknown what may have been injured but in addition to any injuries sustained, the lab technician may be entitled to compensation for any scarring as it relates to a burn.
Marriage can be a tricky and complicated partnership in this day and age. Several studies have shown marital fights over money may end in divorce. According to SmartMoney Magazine there are six (6) common fights over money that may lead to a married couple being unhappy and ultimately filing for divorce.
A work related hernia is a when an organ bulges or protrudes from the wall of the cavity that contains it. By far the most common hernia in workers' compensation results from an on the job lifting injury and results in a hernia in the abdomen or stomach area. Hernias are usally accompanied by pain at the site of the injury, a bulge at the site of the hernia or often times a feeling of pressure in or around the hernia injury site.
In Workers' Compensation there are two type of claims: 1. admitted claims and 2. denied claims. In an admitted workers' compensation claim, the employer carrier has agreed that the injury occurred and they are or should be providing medical treatment. In a denied case, the employer or insurance carrier has denied the claim alleging that the injury is not covered by the South Carolina Workers' Compensation Act.
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In 2007 the South Carolina legislature passed a new workers' compensation law dealing with repetitive trauma injuries like carpal tunnel syndrome, repetitive back injuries or cumulative injuries to body parts. When the law was enacted the statute said that an employee with carpal tunnel or any other repetitive trauma injury must report the injury within in 90 days from the date the employee knew or should have known they had a compensable injury. This law was vague as it required an employee to report an injury within 90 days but it was debatable when the 90 days began. Was it 90 days from the date of diagnosis by a medical doctor? Was it 90 days from the date the employee first experience pain? Was it 90 days from the last day the employee was exposed to the job that caused the repetitive injury?
The number one cause of death for drivers between 16 and 20 years old is a car accident. For this reason and others, South Carolina officials have announced that new drivers will have to undergo more comprehensive and realistic road tests than before. The Department of Motor Vehicles says it hopes the new test will better prepare young drivers for everyday road conditions.
Depression, anxiety or other psychological injury can occur on the job or can arise out of another work related injury. Often times, mental injuries are overlooked because a physician is treating the particular locaiton of an injury and not the big picture as to how the pain, fatigue and other symptoms affects a person's psyche. Generally, mental injuries are considered work related if the injury arises out of physical injury or from unsual and extraordinary conditions of employment.
Rotator cuff injuries occur from lifting, falling or repetitive use injuries. The rotator cuff is the group of muscles and tendons in the shoulder that connect your upper arm bone to your shoulder blade. Together these combine for the joint in your body with the largest range of motion and one that we rely upon every day.
Paraplegia is usually defined as paralysis of the body from the waist down. Quadriplegia refers to the paralysis of the entire body from the neck down as a result of spinal cord injury. Any type of brain, neck or spinal cord injury may leave an accident victim paralyzed and could provide for lifetime weekly compensation and lifetime medical benefits according to South Carolina Workers' Compensation Law. See our Verdicts and Settlement Page to see recent incomplete Tetraplegia case result.
Often times when an injured worker has an injury to one body part they begin to develop additional problems in another body part which was not the original injury site. This is most often seen when someone has a leg injury and begins to develop pain in the opposite leg, lower back, or hip as a result of a limp, a change in the way the employee walks or favoring that other leg. It can also be seen in cases of arm and shoulder injuries where a worker injures one arm or shoulder and has to compensate for that injury by using the other arm more.
A twenty year old man was killed in a car accident at the intersection of Hammett Bridge and South Buncombe Road on February 1, 2011 when a Lexus SUV and a tractor trailer collided killing the driver of the Lexus.
Whether a client has sustained an traumatic brain injury (TBI) as a result of a workers' compensation injury or a personal injury, traumatic brain injuries are unique in it of themselves but rewarding from the perspective of making sure a client is taken care of for the remainder of their life. It is important that a family supporting someone with brain damage look into all available brain injury resources.
Maximum medical improvement or MMI is a term in workers' coompensation that is generally used to describe the state of an injured employee when they are as good as they are going to get or have reached a medical treatment plateau where they are not getting any better or any worse. Maximum Medical Improvement (MMI) is determined by a doctor and is usually issued along with an impairment rating determined by the American Medical Association (AMA) Guides to Evaluation of Permanent Impairment.
The South Carolina Workers' Compensation Commission approved a 3% increase in the maximum weekly compensation rate for injured workers. An injured worker making the maximum weekly benefit on workers compensation is now entiteld to $725.47 per weekfor injuries or accidents that occur on or after January 1, 2012.
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29601
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