Boating Accident & Boat Accident Statistics

The South Carolina, waterways are second only to highways in terms of the number of accidental deaths occurring on them.  One of the most popular outdoor activities in the United States and South Carolina is boating, with over 300,000 registered boats in the state alone. Each year in South Carolina, thousands of people are injured or killed in boating wrecks during recreation outings.

United States and South Carolina: Boating Accident Statistics

  • Alcohol use is the leading contributing factor in fatal boating accidents; it was listed as the leading factor in 19% of the deaths.
  • The most common types of vessels involved in reported accidents were open motorboats (46%), personal watercraft (20%), and cabin motorboats (14%).
  • In 2010, the Coast Guard counted 4604 accidents that involved 672 deaths, 3,153 injuries and approximately $35.5 million dollars of damage to property as a result of recreational boating accidents.
  • The top five primary contributing factors in boating accidents rank as: Operator inattention, improper lookout, operator inexperience, excessive speed, and alcohol.
(Source: United States Coastguard)

(The Coast Guard has not determined unmodified inner tubes to be “vessels”; accidents involving them are therefore not included in Coast Guard reports.)  The Coast Guard defines the term “vessel” as any watercraft or artificial contrivance used, or capable of being used, as a means of transportation on the water, including airboats, auxiliary sailboats, jetskis, cabin motorboats, canoes, houseboats, inflatable boats, kayaks, open motorboats, personal watercraft, pontoon boats, rafts, rowboats, and sailboats.

If you or someone you know have been involved in a boating accident, consult a Spartanburg – Greenville boating accident attorney at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment to discuss the legal options.  We are ready to put our experienced boating accident trial attorneys to work for you.  You have the right to be compensated for a wide range of damages, including property damage, medical expenses, lost wages, permanent injury and pain and suffering. In the event that a death has resulted from your boating accident, a wrongful death suit can be filed – consult a wrongful death attorney.

10 Reasons to Create an Estate Plan Now

Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don’t have enough money to reap the tax benefits of a plan. But as the following list makes clear, estate planning is for everyone, regardless of age or net worth. (For more information on estate planning, see our Estate Planning section.)

1. Loss of capacity. What if you become incompetent and unable to manage your own affairs? Without a plan the courts will select the person to manage your affairs. With a plan, you pick that person (through a power of attorney).

2. Minor children. Who will raise your children if you die? Without a plan, a court will make that decision. With a plan, you are able to nominate the guardian of your choice.

3. Dying without a will. Who will inherit your assets? Without a plan, your assets pass to your heirs according to your state’s laws of intestacy (dying without a will). Your family members (and perhaps not the ones you would choose) will receive your assets without benefit of your direction or of trust protection. With a plan, you decide who gets your assets, and when and how they receive them.

4. Blended families. What if your family is the result of multiple marriages? Without a plan, children from different marriages may not be treated as you would wish. With a plan, you determine what goes to your current spouse and to the children from a prior marriage or marriages.

5. Children with special needs. Without a plan, a child with special needs risks being disqualified from receiving Medicaid or SSI benefits, and may have to use his or her inheritance to pay for care. With a plan, you can set up a Supplemental Needs Trustthat will allow the child to remain eligible for government benefits while using the trust assets to pay for non-covered expenses.

6. Keeping assets in the family. Would you prefer that your assets stay in your own family? Without a plan, your child’s spouse may wind up with your money if your child passes away prematurely. If your child divorces his or her current spouse, half of your assets could go to the spouse. With a plan, you can set up a trust that ensures that your assets will stay in your family and, for example, pass to your grandchildren.

7. Financial security. Will your spouse and children be able to survive financially? Without a plan and the income replacement provided by life insurance, your family may be unable to maintain its current living standard. With a plan, life insurance can mean that your family will enjoy financial security.

8. Retirement accounts. Do you have an IRA or similar retirement account? Without a plan, your designated beneficiary for the retirement account funds may not reflect your current wishes and may result in burdensome tax consequences for your heirs (although the rules regarding the designation of a beneficiary have been eased considerably). With a plan, you can choose the optimal beneficiary.

9. Business ownership. Do you own a business? Without a plan, you don’t name a successor, thus risking that your family could lose control of the business. With a plan, you choose who will own and control the business after you are gone.

10. Avoiding probate. Without a plan, your estate may be subject to delays and excess fees (depending on the state), and your assets will be a matter of public record. With a plan, you can structure things so that probate can be avoided entirely.

 

Wrongful Death & Complex Laws

Wrongful Death & the Complex Laws

The emotional damage can be severe, and the economic losses are often devastating.  Wrongful death can be caused by many things, including automobile accidents, motorcycle accidents, truck accidents, defective products, construction site accidents, swimming pool accidents, boating accidents, workplace accidents, pedestrian accidents, premises liability accidents, medical malpractice or other negligent, careless, or reckless conduct. When gross negligence or reckless conduct is involved, one may also be able to obtain punitive damages.  Our attorneys provide effective, aggressive investigation and representation in wrongful death cases.

Complex Laws – Consult a South Carolina Wrongful Death Attorney

South Carolina laws regarding wrongful death cases are complex and technical.  The law strictly governs who may recover, such as a spouse, children, parents, or siblings.  Claims must be brought through the estate of the deceased relative, and are brought by an administrator or an executor.  Damages may include loss of future net income, loss of companionship and love, and loss of support.  Punitive damages may be awarded in some wrongful death cases.

Wrongful death cases are always emotional.  When you are grieving, you should not make any major decisions without consulting an South Carolina wrongful death attorney.  You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, corporation, or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.

Pedestrian Accident Statistics & Determining Cause

A pedestrian accident, as defined by the National Highway Traffic Safety Administration, is any person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash. The NHTSA defines a traffic crash is an incident that involves one or more vehicles where at least one vehicle is in-transport and the crash originates on a public traffic way. Crashes that occurred exclusively on private property, including parking lots and driveways, were excluded in the following statistics relating to pedestrian accidents.

Pedestrian Accident Statistics in United States and South Carolina

[ul style=”3″]
[li]In 2009, 4,092 pedestrians were killed and an estimated 59,000 were injured in traffic crashes in the United States. [/li]
[li]On average, a pedestrian was killed every two hours and injured every nine minutes in traffic crashes. [/li]
[li]In 2009, pedestrian deaths accounted for 12 percent of all traffic fatalities, and made up 3 percent of all the people injured in traffic crashes. [/li]
[li]Over 90 percent of the pedestrian fatalities occurred in single-vehicle crashes. [/li]
[li]In 2009, 35% of traffic fatalities were alcohol-related. Either the driver or an affected person (e.g., a pedestrian or bicyclist) had a blood alcohol concentration (BAC) of at least 0.08 grams per deciliter (g/dl). [/li]
[li]Children age 15 and younger accounted for 7 percent of the pedestrian fatalities in 2009 and 25 percent of all pedestrians injured in traffic crashes. [/li]
[li]In 2009, South Carolina pedestrian fatalities were 10% of the total traffic fatalities.[/li]
[/ul]

(Source: US Department of Transportation, National Highway Safety Administration, 2009 Traffic Safety Facts)

Pedestrian accidents can result in injuries such as fractures (broken bones) involving surgical repair, head injuries, various back & neck injuries, and death in some cases. A pedestrian accident lawyer at the Smith & Haskell Law Firm, LLP will work to help you make a monetary recovery for your pain and suffering, medical expenses, loss of income, disfigurement, loss of normal life, and any other losses sustained in the accident. Don’t wait, contact a pedestrian accident attorney today.

Negligence and Determining Cause of Pedestrian Accidents

Determining the cause of fault in a pedestrian accident is a highly detailed process. A pedestrian accident lawyer at Smith & Haskell Law Firm, LLP will work vigorously to determine the cause of fault in your pedestrian accident. If your pedestrian accident involves a motor vehicle, fault is usually determined by the law of negligence. Motorists must exercise a standard called “reasonable care under the circumstances” when driving. The law of negligence states that if a motorist fails to exercise this standard and negligently operates a vehicle in such a manner as to inflict damage to another person or property, then the person guilty of negligence must make restitution for this or her act of negligence. An act of negligence can be due to a multitude of factors, including:

[ul style=”3″]
[li]Failing to yield for pedestrians in crosswalks; [/li]
[li]Backing out of parking spaces in parking lots; [/li]
[li]Speeding in residential areas where there are children playing; [/li]
[li]Turning right on a red light, and not looking for pedestrians in the crosswalk; [/li]
[/ul]

If you find yourself or someone you know to be the victim of a pedestrian accident, we encourage you to contact a pedestrian accident lawyer at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment to discuss the legal options. We serve the Upstate of South Carolina including Spartanburg and Greenville and the surrounding counties. We investigate every detail and the possible causes of your pedestrian accident so that you receive full compensation for any pain and suffering you or someone you know have endured. We are ready to put our experienced pedestrian accident attorneys to work for you.

Truck & Trucking Accident Statistics & Determining Cause

When an 18-wheeler truck collides with a passenger car, victims will likely experience catastrophic injury or wrongful death.  Truck accidents can result in much more devastating injuries than the average car accident.  One reason is that large trucks can weigh in excess of 40 tons, while a car or SUV might weigh two or three tons.

Truck Accident Statistics in United States and South Carolina

[ul style=”3″]
[li] In 2009, 296,000 large trucks (gross vehicle weight rating greater than 10,000 pounds) were involved in traffic crashes in the United States; 3,380 were involved in fatal crashes and an additional 74,000 were injured in those crashes. [/li]
[li]Of the fatalities in crashes involving large trucks during 2009, 75 percent were occupants of another vehicle, 10 percent were nonoccupants, and 15 percent were occupants of a large truck. [/li]
[li]Of the people injured in crashes involving large trucks during 2009, 76 percent were occupants of another vehicle, 2 percent were nonoccupants, and 22 percent were occupants of a large truck. [/li]
[li] In 2009, large trucks accounted for 7 percent of all vehicles involved in fatal crashes and 3 percent of all vehicles involved in injury and property-damage-only crashes. [/li]
[li] In 2009, in South Carolina, 10% of the total vehicles involved in fatal crashes were large trucks. [/li]
[/ul]

(Source: US Department of Transportation, National Highway Safety Administration, 2010 Traffic Safety Facts, December 2011)

Legally, truck accidents are more complex than an average car accident.  There are more sources of potential liability.  The driver, the owner of the tractor, the owner of the trailer, the warehouse that loaded the truck and the shop that maintained it may all share responsibility for the accident.

Negligence and Determining Cause of Truck Accidents

In the case of truck accidents, fault is usually determined by the law of negligence.  If a driver negligently operates a truck and damage is caused to another person or property, that person or the owner of the truck may be required to pay any incurred damages.  Our experienced truck accident lawyers can help in determining the cause.

Some of the causes of negligence include:

[ul style=”3″]
[li]Unlicensed drivers [/li]
[li]Drivers distracted by cell phones or on-board computers [/li]
[li]Speeding [/li]
[li]Improper lane changes [/li]
[li]Failure to inspect [/li]
[li]Failure to maintain safety systems [/li]
[li]Failure to yield the right of way [/li]
[li]Alcohol or drug use — DWI/DUI [/li]
[li]Brake failure[/li]
[li]Violations of the rules of the road [/li]
[li]Failure to signal turns [/li]
[li]Aggressive and reckless driving[/li]
[li]Overloading[/li]
[li]Defective parts [/li]
[li]Shifting loads[/li]
[li]Driver fatigue [/li]
[li]Negligent hiring[/li]
[li]
Equipment failures[/li]
[li]Backing carelessly [/li]
[li]Aggressive and reckless driving[/li]
[li]Driver error[/li]
[li]Defective parts [/li]
[li]Overturning trucks[/li]
[li]Inadequate training of drivers [/li]
[li]Unsecured truck loads of construction equipment and supplies[/li]
[li]Poor design of the truck or its parts[/li]
[li]Lack of crashworthiness[/li]
[li]Sudden stops[/li]
[li]Spilled loads[/li]

[/ul]

Employers may be liable if they hired and employed an untrained or incompetent driver, or if they aware of a change in the driver status, training, suspensions, violations, and qualifications.  Under federal regulation, some lessees may be liable for injuries caused by trucking accidents.  Employers and lessees may include grocery store chains, shipping companies, department stores, distribution companies, manufacturers, construction companies and other businesses.

Sometimes the truck is loaded by a third party, who may be liable for negligent loading, which can cause a load to shift or fall from the truck.  If the truck was defectively or not properly designed, the manufacturer of the truck or trailer, or the manufacturer of the component parts, may be liable for negligence and for product liability.

If you or someone you know has been involved in a truck accident, we encourage you to contact a truck accident lawyer at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment today to discuss the legal options.  We investigate every detail and the possible contributing causes of a truck accident so that you receive full compensation for any pain and suffering you or someone you know have endured.   We are ready to put our experienced trial attorneys to work for you.

Business & Commercial Contract Litigation

Business litigation is often a complex area of law which includes a variety of contractual and tort claims.  Common in business litigation involves breach of contract, interference with contractual relations, fraud, breach of fiduciary duty, infringement of intellectual property rights, and unfair competition.  Any one of these type claims may arise among business partners in a partnership or between competing businesses or in the formation or dissolution of the corporation.  When such controversies develop, parties often try to resolve their differences through negotiation, mediation or arbitration often referred to as Alternative Dispute Resolution (ADR).  When such cases cannot be resolved by ADR, filing suit in state or federal court is often a final option to resolve the disputes.

To learn more read our Business & Commercial Contract Litigation information located in our Practice Areas section of our website.

Probate Litigation and Will Contests and Disputes, Trust Disputes

While in many cases, probate and trust administration is resolved without difficulty, there are times when family members dispute a will or trust, questioning its validity for a variety of reasons. Issues arise when a person who has died without a will as well as when a there is a trust or will, but fails to provide anything or allocate assets to a certain family member. Additionally, the will or trust may leave the inheritance or assets to an acquaintance or someone the family suspects of wrongdoing or undue influence. Our will contest lawyers can assist in resolving probate disputes while protecting your inheritance interests.

Reasons for Will Contests, Disputes and Trust Disputes

There are a variety of ways to contest a will in court. You should seek advice only from an experienced will contest lawyer who can properly handle will contests, disputes and trust disputes over suspicions of:

[ul style=”3″]
[li]Fraud and undue influence: if your loved one was coerced or pressured to leave assets to an acquaintance or caretaker, for example, instead of family members, the will may be contested.[/li]
[li]Elder abuse[/li]
[li]Breach of fiduciary duty[/li]
[li]Mental capacity: To make a valid will, a person must be able to meet certain legal requirements concerning his or her mental state and clarity of thought.[/li]
[li]Forceful changes to the will under duress[/li]
[li]Forged documents or signatures[/li]
[li]Fraud and undue influence: If your loved one was coerced or pressured to leave assets to an acquaintance or caretaker, for example, instead of family members, the will may be contested.[/li]
[li]Actions of trustee during distribution of trust funds[/li]
[/ul]

Choose a South Carolina Will Contest Attorney – Spartanburg, Greenville, Upstate SC

The probate litigation attorneys at the Smith & Haskell Law Firm, LLP seeks to resolve trust and will contests as quickly and effectively as possible, while minimizing the cost of litigation. We will discuss your options with you and help achieve resolutions that protect your rights. We encourage you to contact a will contest attorney to discuss your will contest, dispute or trust dispute issues with the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment. We are ready to put our experienced trial attorneys to work for you.

“The Total Advocacy Firm” Since 1926 | Serving the State of South Carolina | Spartanburg County | Greenville County | Anderson County | Chester County | Laurens County | Pickens County | Richland County | York County | Cherokee County | Union County | Oconee County

Effective Medicaid Planning addresses Medicaid Issues and Medicaid Eligibility

The laws surrounding Medicaid eligibility are complex and you should consult an experienced and knowledgeable Medicaid planning attorney to address issues and provide you with a comprehensive strategy tailored to your individual situation. The Medicaid planning process involves developing a plan to reallocate your assets in such a way that Medicaid will not take them into consideration when determining your eligibility for coverage. If you will require nursing home care in the future, you will then qualify to have Medicaid pay for the cost of care, rather than depleting your own resources to cover these costs. Our experienced Medicaid planning attorneys provide guidance throughout this process.

Medicaid planning is a process of working within all applicable laws to set aside savings for the benefit of nursing home residents who will otherwise be economically devastated by the exorbitant cost of private nursing home care. Through asset preservation, implementation of a Medicaid plan allows the resident continued access to the many things not otherwise covered by nursing home Medicaid.

Visit our Medicaid Planning Resources in our Legal Resources area of our website for additional information.  If you or a loved one has questions about Medicaid planning and Medicaid eligibility, we encourage you to contact a Medicaid planning and eligibility attorney to discuss your situation with the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment. The Medicaid planning attorneys at the Smith & Haskell Law Firm, LLP can help, don’t wait and act now.

Disclaimer

The information on this web site is a public resource of general information, which is intended, but not promised or guaranteed, to be correct, complete and up-to-date. The information on this web site is not intended to be, and is not, a source of advertising, solicitation or legal advice. No person who visits this web site should consider the information on this web site to be an invitation for an attorney-client relationship or rely on the information provided herein. Every person who visits this web site and needs legal advice or an attorney should seek the advice of competent counsel in his or her State.

South Carolina Workers Compensation Frequently Asked Questions

South Carolina Workers Compensation Frequently Asked Questions

In South Carolina, workers’ compensation provides compensation and benefits, temporary disability and permanent disability payments to an injured worker.  These payments are usually meager and inadequate and do not cover pain and suffering.  Workers’ compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions.  If you or someone you know has been suffered a workplace injury, it is important for you to contact a workers’ compensation attorney to understand your legal options.  You may be able to pursue a case outside of the workers’ compensation system.

[toggle text=”Why do I need a Workers’ Compensation Lawyer?” initial=”none”]

Workers’ compensation laws are very complex… Your employer will have an insurance company that is fully versed in the nuances of your state’s laws to represent his interests. To level the playing field, it is important that you seek the help of an experienced workers’ compensation attorney when you are injured on the job.

It is particularly important to consult with a workers’ compensation attorney if your injuries are severe. You may be entitled to benefits that cover medical expenses, lost wages, and rehabilitation expenses. Also, if your injuries are serious enough to prevent you from earning a decent wage in the future, you may be able to collect damages related to lost future wages as well.

Your employer’s insurance company will do everything possible to minimize payouts made on your claim. In some cases, they may even deny your claim. A workers’ compensation attorney will help ensure that you receive the appropriate damages for your injuries and help prevent insurance companies from trying to unjustly deny your claim.

It is essential to consult with an attorney if:
[ul style=”3″]
[li]You don’t receive the proper amount for your claim[/li]
[li]Your employer retaliates against you or fires you for filing a claim[/li]
[li]Medical care is denied[/li]
[li]You earned a very high wage before the injury[/li]
[li]A third party’s negligence contributed to your injury[/li]
[li]You will be unable to return to work after your injury[/li]
[li]You have a permanent disability as a result of your injury[/li]
[li]Your claim is outright denied[/li]
[/ul]

Many lawyers deal with these matters on a daily basis and can help walk you through this confusing process. There are many variables for you to think about after sustaining a work-related injury, including:
[ul style=”3″]
[li]Choosing the right doctor[/li]
[li]Filling out your claim form properly[/li]
[li]Documenting every aspect of the incident and your injuries[/li]
[li]Dealing with insurance companies[/li]
[/ul]

A workers’ compensation lawyer can help ensure that you don’t overlook any of these important steps.

(Source: www.personalinjury.com)

[/toggle]

[toggle text=”What is Workers’ Compensation? ” initial=”none”]

Worker’ Compensation is an insurance policy your employer must carry to make sure that employees injured at work can obtain necessary medical treatment and financial assistance for lost wages, plus additional compensation for any work-related injury, sickness, or disease that causes total or partial impairment to work. Workers’ compensation is available regardless of fault when the injury arises out of, and in the course of, employment.[spacer height=”20″]

By law, every South Carolina employer with four or more full-time employees must have workers compensation insurance.[spacer height=”20″]

The protection provided under the South Carolina Workers Comp Act is only the beginning of your right to compensation for a workplace injury.

[/toggle]

[toggle text=”Who qualifies for workmans’ comp benefits?” initial=”none”]

Any full-time employee (working for an employer with four or more employees) who has an employment related injury and needs medical attention should be covered under workers’ compensation insurance. It doesn’t matter if the injury was a complete accident or the fault of a co-worker.[spacer height=”20″]

The employee MUST notify his or her employer within 90 days of the injury or risk losing the right to benefits under workers compensation. (It is recommended that you record details of your accident and to whom you reported it.)

[/toggle]

[toggle text=”What qualifies as a Workers’ Comp Injury?” initial=”none”]
[ul style=”3″]
[li]Physical injury; or[/li]
[li]Repetitive injury: an injury acquired by repeating the same acts over and over through work. This could be accumulative hearing loss, debilitating back pain, carpel tunnel, neck pain; or[/li]
[li]Disease: an occupational disease is one that is acquired because of your job such as lung diseases (ex. Asbestosis) from work environments and hazardous work-related materials, or disease contracted because your work in a hospital; or[/li]
[li]Mental issues: Mental issues from extreme or unusual work conditions or from an ongoing work injury.[/li]
[/ul]
[/toggle]
[toggle text=”How do I report an on-the-job injury?” initial=”none”]

Report all injuries at work to your employer immediately and request medical treatment, if needed. If you neglect to report the injury within 90 days of the accident you may lose your benefits.[spacer height=”20″]

Although you must report the injury within 90 days, you have up to two years to file a claim for benefits. If a worker dies because of work-related injuries, the worker’s dependents, or parents if there are no dependents, must file a claim within two years of the death to claim benefits.

[/toggle]
[toggle text=” How do I file a claim? ” initial=”none”]

You may personally file a claim if your employer does not report your accident, denies your injury by accident, or if you believe you did not receive all of your benefits.[spacer height=”20″]

To file a claim you must submit a Form 50 or Form 52 to the Commission. If you are unable to download these forms please contact the Commission’s Claims Department at (803) 737-5723 to request the forms be mailed to you.[spacer height=”20″]

When filing a claim on a Form 50 or Form 52, mark the box at the signature line which states “I am filing a claim. I am not requesting a hearing at this time.”

[/toggle]
[toggle text=” What medical treatment am I entitled to receive? ” initial=”none”]
You are entitled to all necessary medical treatment that is likely to lessen your disability. Workers’ compensation generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. Keep in mind that in order to receive these benefits you must go to the doctor chosen by your employer or its insurance representative.[/toggle]
[toggle text=” How is the compensation rate determined? ” initial=”none”]
You are entitled to compensation at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Employment Security Commission. If you were working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.[/toggle]
[toggle text=” Will I get compensated for missing time from work because of my injury?” initial=”none”]

There is a seven-day waiting period before benefits can be paid. If you are out of work for more than seven days, payments will come from your employer’s insurance representative. If you are out of work for more than 14 days, you will receive compensation even for the first seven days.[spacer height=”20″]

You can expect payments to be made directly to you and these should continue until the doctor releases you to return to work.

[/toggle]
[toggle text=” When are my benefits terminated? ” initial=”none”]

After the doctor releases you to return to work with or without restrictions, within 150 days of notification of the accident, you should receive two copies of Form 15 with Section II completed indicating that compensation has been stopped and for what reasons.[spacer height=”20″]

If the insurance carrier stops your compensation, and if you disagree, complete Section III of the Form 15 and send it to the Commission’s Judicial Department. This is your way to request a hearing to be held in sixty days.[spacer height=”20″]

If the Doctor releases you to return to work after the 150-day notification period, your employer or insurance representative will ask you to sign a Form 17, (receipt of compensation ) after you have been back to work for fifteen days.

[/toggle]
[toggle text=” What if the doctor releases me to light duty? ” initial=”none”]

You must accept light work if it’s offered. If you do not accept, all compensation may cease as long as you refuse to return to work. You have a right to a hearing if you believe that you are not able to do the work assigned to you.[spacer height=”20″]

If you return to light work before you are fully discharged by the doctor at a wage less than you were earning at the time of your original injury, you are entitled to weekly compensation at the rate of the sixty-six and two-thirds (66 2/3%) percent of the difference between your average weekly wage and your new wage.

[/toggle]
[toggle text=” What if I receive an impairment rating or have a scar? ” initial=”none”]
When the doctor releases you with an impairment rating or if you have a non-surgical scar that can be seen at least eight feet away, the insurance carrier will request an informal conference/viewing. This is an opportunity for you to meet with a representative from the commission and the insurance carrier to determine the amount of compensation due.
[/toggle]
[toggle text=” What is a Workers’ Compensation hearing? ” initial=”none”]

The workers’ compensation commissioners conduct a hearing to resolve disputes between you and your employer’s representative. You may apply for a hearing if your employer does not report your accident, denies your injury by accident, or if you believe that you did not receive all your benefits.[spacer height=”20″]

You may download the form to apply for a hearing online or obtain it by contacting the commission’s judicial department at (803) 737-5675 or by email to judical@wcc.sc.gov.[spacer height=”20″]

Do I get reimbursed for my travel expenses when I go to the doctor?[spacer height=”20″]

Yes, if the round trip distance is more than ten miles from your home. You should be reimbursed for the round trip mileage at the rate allowed state employees for mileage.[spacer height=”20″]

[/toggle]
[toggle text=” Can I get a second opinion if I am not happy with the doctor to whom the insurance carrier refers me? ” initial=”none”]
You can talk to the insurance carrier and see if he or she will allow you to go to another doctor, or you can request a hearing by completing Form 50 and have a Commissioner make a determination on the case.
[/toggle]
[toggle text=” Who sends me my weekly check? ” initial=”none”]
Your employer is required to have workers’ compensation insurance if they have four or more employees and the insurance carrier will be responsible to pay compensation to you if you are out of work for more than seven days. [/toggle]

(Source: South Carolina Workers Compensation Commission)[spacer height=”20″]

South Carolina Serious Personal Injury Accident FAQs

There may never be a time in your life where you feel more confused and financially insecure than when you suffer a serious injury.  If you are injured in an automobile accident, you should resist settling your claim quickly with any insurance carrier until you have received all the medical care you need and you have reached maximum medical improvement.

In South Carolina, a person injured in an accident because of the fault or negligence of another, you have up to three (3) years to bring a law suit to recover your damage.   While it is certainly not a good idea to wait 3 years until the last minute to bring suit, it is often wise to wait more than few months and perhaps up to a year to make sure you have recovered from your injuries before settling or bring suit.  Once you settle with an insurance company and sign their release forms, you will be forever barred from seeking additional compensation if it turns out you require additional medical care for your injuries.

The experienced trial lawyers at Smith & Haskell Law Firm, LLP, located in the Upstate of South Carolina in Spartanburg, represent individuals who have suffered a serious personal injury or personal injury as the result of an accident. If you have been injured, contact the South Carolina serious personal injury attorneys today for an initial consultation to discuss your legal options. Don’t wait, take action today.

Choose a South Carolina Personal Injury Accident Lawyer & Personal Injury Litigation Attorney Spartanburg, Greenville, Upstate SC

Located in the Upstate of South Carolina in Spartanburg, we serve Spartanburg, Greenville and surrounding counties. If you or someone you know has been involved in an serious personal injury or personal injury accident, we encourage you to contact a personal injury lawyer at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment today to discuss the legal options. We are ready to put our experienced personal injury attorneys to work for you.

The Total Advocacy Firm” Since 1926 | Serving the State of South Carolina | Spartanburg County | Greenville County | Anderson County | Chester County | Laurens County | Pickens County | Richland County | York County | Cherokee County | Union County | Oconee County