Motorcycle Accident Statistics & Acts of Negligence

Motorcycle accidents can permanently, and often fatally, injure the victims involved.  The motorcycle accident as defined by the National Highway Transportation Administration involves motorcycles, mopeds, scooters, two- or three-wheeled motorcycles, off-road motorcycles, scooters, mini bikes, pocket bikes, and all-terrain vehicles (ATV).

Motorcycle Accident Statistics in United States and South Carolina

[ul style=”3″]
[li]In 2009, 4,462 motorcyclists were killed—a decrease of 16 percent from the 5,312 motorcyclists killed in 2008. There were 90,000 motorcyclists injured during 2009. [/li]
[li]In 2009, motorcyclists accounted for 13 percent of total traffic fatalities, 15 percent of all occupant fatalities, and 4 percent of all occupants injured.[/li]
[li]The fatality rate for motorcyclists in 2009 was 6 times the fatality rate for passenger car occupants. The injury rate for motorcyclists was 0.8 times the injury rate for passenger car occupants.[/li]
[li]In 2009, 2,203 (48%) of all motorcycles involved in fatal crashes collided with another type of motor vehicle in transport. In two-vehicle crashes, 78 percent of the motorcycles involved were struck in the front. [/li]
[li]In 2009, there were 2,006 two-vehicle fatal crashes involving a motorcycle and another type of vehicle. [/li]
[li]Forty-two percent of motorcycle riders who died in single-vehicle crashes in 2009 had BAC levels of .08 g/dL or higher.[/li]
[li]In 2009, there were 102 motorcyclists killed in South Carolina.[/li]
[/ul]

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

If you are injured while riding a motorcycle and another driver is at fault, you may be entitled to damages for pain and suffering, medical expenses, scarring, disfigurement, loss of enjoyment of life and lost wages.  You should immediately contact an experienced motorcycle accident personal injury lawyer.Injuries from a motorcycle accident include broken or fractured joints (shoulders, elbows, knees, wrists, and hips), and pelvic and shoulder injuries. Soft-tissue damage like scrapes and burns also frequently occur.

The type of head injuries sustained in motorcycle accidents frequently damage the parts of the brain responsible for speech and higher functions, leaving the injured motorcyclist disabled for life and burdened with mounting medical bills for ongoing treatment.  A study done by the CDC on all Motorcycle Accidents between 2001 – 2008 showed the percentages of nonfatal injuries by primary body part motorcycle accidents were head and neck 22%, leg and foot 30%, upper body 20%, arm and hand 18%.

Negligence and Determining Cause of Personal Injury Motorcycle Accidents

Determining the cause of fault in a motorcycle accident is a highly detailed process.

An act of negligence can be due to a multitude of factors, including:

[ul style=”3″]
[li]Failure to signal when turning;[/li]
[li]Careless driving;[/li]
[li]Driving under the influence of drugs and/or alcohol;[/li]
[li]Texting while driving accidents;[/li]
[li]Distracted driving;[/li]
[li]Cell phone distracted driving accident;[/li]
[li]Drug or alcohol abuse;[/li]
[li]Excessive speed; [/li]
[li]Failure to heed traffic signals or signs;[/li]
[li]Failure to obey traffic signs or signals;[/li]
[li]Failure to signal when turning;[/li]
[li]Violation of some other law;[/li]
[/ul]

If you find yourself or someone you know to be the victim of a motorcycle accident, we encourage you to contact a personal injury motorcycle accident attorney at the Smith & Haskell Law Firm, LLP today at 864.582.6727 to schedule an appointment today to discuss the legal options.  Our personal injury motorcycle accident lawyers will investigate every detail and the possible causes of your motorcycle 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 motorcycle accident lawyers to work for you.

Automobile Accident Statistics | Spartanburg & Greenville Car & Auto Accident Lawyer

Automobile Accident Statistics for United States and South Carolina

  • In 2010, 32,885 people were killed and 2,243,000 people were injured in traffic accidents.
  • In 2010, 3,675 people were killed in large-truck crashes, a 8.7% increase from 2009.
  • In 2010, there were 5,419,000 motor vehicle crashes in the United States.
  • In 2010, there were 3,092 fatalities in distraction-affected (handheld phones, texting) motor vehicle crashes.
  • In 2010, there were 810 fatalities in South Carolina, a fatality rate of 17.47 per 100,000.
  • In 2010, 52% and 46% of fatalities in South Carolina the blood alcohol concentration BAC was at least .01 and .08 respectively, 15% above the national average.
  • In 2010, 4,280 pedestrians died from traffic-related injuries and another 70,000 sustained non-fatal injuries, an increase of 19% from 2009.
  • In 2010, 10,228 or 31% 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).
(Source: US Department of Transportation, National Highway Safety Administration, 2010 Traffic Safety Facts, December 2011)

Auto accident personal injuries are often serious and have long-term effects. Injuries include whiplash, bone, joint and muscle injuries, head and brain injuries, and paralysis.  Insurance companies will try to settle personal injury claims and accidents quickly and often fail to cover the long-term injuries, damages and provide adequate compensation.  Don’t settle, don’t wait.  Contact a Spartanburg automobile accident personal injury attorney today.

South Carolina Automobile Accident Attorney & Personal Injury Lawyer Spartanburg, Greenville

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 automobile accident or motor vehicle accident, we encourage you to contact a auto accident 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 automobile accident lawyers & 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

Automobile Accidents Determining Fault & Negligence

Automobile Accidents Determining Fault & Negligence

There exist factors that contribute to the question of whether a driver was negligent.  Courts look for these in determining fault.  Some of these factors, but not all, are:

  • Failure to obey traffic signs or signals;
  • Driving a car under the influence of drugs and/or alcohol;
  • Texting while driving accidents;
  • Failure to signal when turning;
  • Violation of some other law;
  • Careless driving;
  • Failure to follow the speed limit;
  • Distracted driving;
  • Cell phone distracted driving accident;
  • Car accidents caused by defective or recalled vehicles;
  • School bus accidents;

Any person who drives any vehicle in such a manner as to indicate either a willfull or wanton disregard for the safety of persons or property is negligent and reckless and may also be held liable for the cause of the accident.  Recklessness implies the doing of a negligent act knowingly.

An experienced automobile accident lawyer / personal injury attorney can assist you in the determination of the cause of your auto crash.

Defective Product & Product Liability Protect Your Legal Rights

A defective product is a product that fails to live up to your expectations, but it can also seriously injure you, leaving you with lasting pain and hardship. To ensure that you receive the compensation you deserve for injuries or damage a defective product has caused you, you should consult an experienced defective product attorney who can represent you under the consumer protection laws of South Carolina.

Protect Your Legal Rights

Defective products and product liability is the area of law dealing with liability on the part of the manufacturer, wholesaler, or retailer of a product that causes injury or harm. Other parties that can be held responsible for your injuries include the maker of component parts of the product, the assembler, the store or other seller of the product, and/or possibly even other parties in the distribution chain. You can file a claim of product liability even if you weren’t the purchaser of the product. You should contact a South Carolina product liability lawyer to file a claim.

Defective products and product liability claims require that certain circumstances be proven before the claim can be considered successful. These circumstances involve manufacturing defects, design defects, and failure to warn marketing defects.

[ul style=”6″]
[li]Marketing defects are those defects that elude consumers’ awareness because of inadequate warning about potentially — yet not readily apparent — dangerous components of a product.[/li]
[li]Manufacturing defects are those defects that occur during the manufacturing process. These defects can be attributable to inherently dangerous or useless design.[/li]
[li]Design defects are attributable to inherently dangerous or useless design. [/li]
[/ul]

Strict Liability

In South Carolina, Strict liability, allows an action against a manufacturer that sells any defective product that causes an injury to a buyer or anyone who uses it. A product can be defective in design, manufacture, or labeling.

Strict liability holds designers and manufacturers of the defective product liable for injuries from defective products. Under the law of strict liability, if you are injured by a defective product, you do not have to establish negligence of the manufacturer. Strict liability claims must meet the following conditions:

[ul style=”6″]
[li]The product had not been altered from the condition in which it was sold;[/li]
[li]The product has an “unreasonably dangerous” defect that injured you;[/li]
[li]The defect caused injury during routine use of the product;[/li]
[/ul]

South Carolina law limits how long after the product has been sold to the public that the manufacturer or seller can be subject to liability laws. It is important, therefore, that you keep all receipts, registration cards, and credit card bills in order to provide proof of the product’s age to the manufacturer’s insurance company. It is also important that you demonstrate that you discontinued use of the product once you became aware of its defect. Otherwise, you risk losing your personal injury claim.

South Carolina Defective Product & Products Liability Attorney

If you find you or someone you know has suffered injury from a defective product, we encourage you to contact a defective product attorney at Smith & Haskell Law Firm, LLP at 864.582.6727 to schedule an appointment today to discuss the legal options. Speak to a defective products lawyer trained in South Carolina rules and regulations governing product liability.

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.

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.

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