The Top 5 Worst Workplace Injuries

Life is never the same for someone who suffers a catastrophic workplace injury. In the span of a few seconds, everything changes. Your health, your livelihood and your quality of life are in jeopardy.   

When a workplace accident happens in South Carolina, workers’ compensation laws require most employers to pay 100 percent of the injured employee’s medical expenses, no matter who is at fault. 

The workers’ compensation system also provides disability benefits and income replacement if the injury forces an employee to miss work — which is typically the case with the most severe injuries. 

If you or a loved one suffered a catastrophic job injury, workers’ compensation benefits can be an essential lifeline during such a difficult time. But obtaining the full and fair amount of benefits that you are entitled to can be a challenge. The experienced workers’ compensation attorneys at Stewart Law Offices can alleviate your burden by helping to prepare your claim for maximum work injury benefits.

What Is A Catastrophic Injury?

There is no legal list of catastrophic injuries. Instead, a catastrophic injury is defined by the impact that it has on a person’s life. 

Example: You fell at work and were diagnosed with a concussion, but went back to normal after a couple of days of rest. That is not a catastrophic injury. But if the fall resulted in widespread brain damage that left you unable to speak, read or walk, that counts as a catastrophic injury.   

If an on-the-job accident caused an injury that permanently prevents you from working, then you have likely suffered a catastrophic injury. 

Top 5 Worst Workers’ Compensation Injuries

Thankfully, most job injuries (while painful) do not have lifelong consequences. Some of the most devastating injuries include: 

 

• Spinal cord injury: Severe damage to the spinal cord can cause permanent paralysis and other medical problems. The lifetime direct costs of caring for someone who suffered a spinal cord injury at the age of 25 is between $2.1 to $5.4 million, according to the National Spinal Cord Injury Statistical Center.
  
• Traumatic brain injury (TBI): Employees may suffer brain injuries from falls, job-related auto accidents or being struck by an object. Estimates show that it can cost anywhere from $85,000 to $3 million in lifetime treatment costs for a person with a TBI.
  
• Loss of limb: Getting a body part caught or crushed in a piece of equipment is a frequent cause of amputation from workplace accidents. Prosthetics make it possible for amputees to accomplish many feats. But they cannot enable a person to do everything the way they could before the injury.
  
• Burns: Thermal or chemical burns caused by explosions or fires can lead to permanent disfigurement, blindness, scarring, infections, inability to regulate body temperature and the need for lifelong surgeries.
  
• Toxic exposure: Exposure to dangerous chemicals can put workers at risk of developing serious and permanent illnesses, including respiratory diseases such as asbestosis, mesothelioma and other cancers. 

 

 

The Bureau of Labor Statistics reported than more than half of all South Carolina workplace accidents in a recent year were “of a more severe nature,” requiring days off work, transfers or other restrictions. 

Contact A South Carolina Workers’ Compensation Lawyer Today

If you’ve been injured at work, the workers’ compensation attorneys at Stewart Law Offices can help. We serve clients throughout South Carolina and select areas of North Carolina. 

For a free consultation with one of our compassionate lawyers, contact us today. 

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Bullying Bosses Can Make Workplaces More Dangerous

Bullying bosses can certainly make a workplace unpleasant. But they can also increase the likelihood of workplace accidents and job injuries, according to findings from a Portland State University study.   

Surveys of airline workers and manufacturing technicians revealed that abusive treatment from superiors inadvertently caused workers to neglect safety in ways that could endanger themselves and others. 

Why? Employees who are routinely bullied by their bosses tend to lose their sense of belonging in the work group. This causes them to become more self-centered and less focused on overall safety. As a result, they pay less attention to workplace hazards, putting themselves and their colleagues at risk of injury.

Not only that, bullying can also increase the chances of workplace violence due to an employee’s diminished sense of self-worth. 

The study underscores the devastating impact that stress can have not just on an individual worker, but on the entire workplace as a whole. 

Stress and Workplace Accidents

Job-related stress can be attributed to 80 percent of workplace accidents, according to the American Psychological Association. 

People who are bullied are more likely to be distracted at work. The Workplace Bullying Institute found that 37 percent of Americans have been affected by abuse at work, either by being the direct target of the bullying or a witness to it. 

Put another way, bullying has kept more than one-third of American employees from paying attention to their jobs. In particularly hazardous work environments, such as a construction site, this amount of distraction can easily turn deadly.

Can S.C. Employees Get Workers’ Compensation for Job-Related Stress?

Making a workers’ compensation claim for a mental injury like stress is possible in South Carolina, but getting benefits can be tricky. Convincing an insurance company that bullying is a valid reason to compensate for the injury could be an uphill battle.

South Carolina law states that stress (with no other physical injury) can be covered under workers’ compensation if: 

• The employee’s job situation that led to the stress injury was extraordinary and unusual compared to the normal work environment
  
• There is medical evidence connecting the stressful work conditions to the employee’s mental distress  

If you’ve been bullied on the job and are diagnosed with work-related stress, the best way to find out whether you may be entitled to workers’ comp benefits is to talk to an experienced workers’ compensation attorney.  

Contact A Compassionate South Carolina Workers’ Compensation Lawyer

Employees have the right to a workplace that is safe not only from physical hazards, but also emotional ones. If you are suffering from a job-related psychological injury, let the dedicated attorneys at Stewart Law Offices help you. 

Our devoted workers’ comp attorneys treat clients like family. Just as we would never abandon a loved one during a time of need, we can make sure that you don’t have to navigate the workers’ compensation process alone. 

Not sure if you have a valid claim? No problem. Our workers’ comp attorneys provide free consultations to all potential clients. Call or contact us today to arrange yours.    

 

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Wrongful Death And Workers’ Compensation In N.C.

Losing a loved one in a workplace accident is something that no family is ever prepared for. The death can have a devastating impact on all who depend on the family member for love, care and financial support.

Most employers in North Carolina have workers’ compensation insurance that provides death benefits if an employee dies from a work-related injury or illness. Death benefits can be a source of valuable financial assistance for families in the midst of tragedy. But understanding how to apply and obtain workers’ compensation benefits can be challenging, especially while you’re trying to cope with such a great loss.   

Let a compassionate North Carolina workers’ compensation attorney from Stewart Law Offices help you through this difficult time. Our experienced legal team can help you apply for benefits, handle any appeals and investigate whether any other parties may be held liable for your family member’s death.

Contact our skilled workers’ comp attorneys today for a free consultation.   

Is Wrongful Death Covered Under N.C. Workers’ Compensation Laws?

The North Carolina workers’ compensation system provides for death benefits when a work-related injury or disease contributes to a worker’s demise, even if the incident was not the sole cause of death. Death benefits are also available if the job aggravated a previously existing condition and led to death. 

Workers’ compensation benefits may even be paid when the cause of the worker’s death is unknown, but still occurred within the scope of employment. This is called the “Pickrell presumption.”

What Benefits Are Available In A Wrongful Death Workers’ Comp Claim?

Benefits in North Carolina amount to two-thirds of what the worker was getting paid weekly when the illness or accident occurred, up to a cap that changes each year. Benefits are paid weekly for 500 weeks, except:

• If benefits go to dependent children, they’re paid until the children turn 18.
  
• If the deceased’s spouse can’t support themselves due to a disability, then benefits are paid as long as the spouse is alive or until they remarry.

Benefits also cover funeral and burial expenses up to $10,000, even if the person had no dependents or next of kin.

How Long Do I Have To File A Wrongful Death Claim In N.C.?

To file a claim for death benefits under North Carolina’s workers’ comp system, the worker’s wrongful death must have happened no more than six years after their injury or illness or within two years of their final disability determination, whichever is later. 

Survivors must inform the worker’s employer within 30 days of his or her death by filing a “Notice of Accident” with the North Carolina Industrial Commission (NCIC) and sending a copy to the employer. Survivors have two years to file for workers’ comp benefits. 

How Can Stewart Law Offices Help Me?

The N.C. workers’ compensation system has specific procedures that must be followed before benefits can be paid. Survivor’s claims are often denied if the appropriate paperwork isn’t filled out correctly or filed on time, which can easily happen when you’re focused on picking up the pieces after your loss. One of the experienced workers’ compensation attorneys at Stewart Law Offices can take over this process for you so that your claims are prepared properly and submitted on time. 

If a family member died while working, you may have the right to death benefits to help in the aftermath of your loss. Call or contact us today to set up a free consultation.

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JUUL, E-Cigarette Products Under Investigation By CDC

When JUUL e-cigarettes were first released onto the market, they were touted as a safe alternative to traditional cigarettes. New evidence indicates that is not the case. At least 34 people in 24 states have died after using e-cigarettes from numerous manufacturers, according to the most recent data from the Centers for Disease Control and Prevention (CDC).

In addition, the CDC has recorded more than 1,600 cases of lung diseases related to e-cigarette use, also known as vaping. The trend is so concerning that the agency is publishing updates to the statistics every week.

Lawsuits against JUUL Labs have been filed by users (including parents or guardians of teenagers who used JUUL products), alleging that the devices and their flavors are dangerous. If you or a family member has been diagnosed with an illness caused by vaping, the JUUL injury attorneys at Stewart Law Offices can advise you of your legal options.

Contact us for a free consultation.

What is JUUL?

A JUUL is a type of e-cigarette. The device heats a liquid containing nicotine (the addictive ingredient in cigarettes) into an aerosol that users can inhale into their lungs. This process is called vaping, although no vapor is created.

Today, e-cigarette manufacturers are widely criticized for developing products that are getting children and teens hooked on nicotine unknowingly. The liquids come in a number of flavors, many of which cater to a youth market. Examples include graham cracker, fruit, candy, gummy bear and unicorn.

Are JUUL Devices Dangerous?

Although all vaping products are risky, JUUL devices are considered particularly dangerous. The liquid produced by JUUL Labs has five percent nicotine, more than twice the amount found in other e-cigarettes. This makes them much more likely to be addictive.

In addition, the amount of nicotine in one JUUL pod is equivalent to one pack of cigarettes. Teenagers often use multiple pods in one sitting, meaning they are inhaling extremely high levels of nicotine at once.

E-Cigarette Statistics

The statistics surrounding e-cigarette use are alarming, showing a lack of public awareness about the products and their dangers.

For example:

• 36 percent of e-cigarette users thought that the devices were less harmful than cigarettes.
• 60 percent of teenagers in a recent study believed e-cigarettes contained mostly flavoring ingredients, not nicotine.
• Another survey shows that nearly a quarter of high school seniors in the U.S. have vaped within the last 30 days.
• 98.7 percent of all e-cigarettes sold in retail stores contain nicotine. Others contain THC, the addictive ingredient in marijuana.

Symptoms of E-Cigarette Illnesses

Like cigarettes, JUULs and other e-cigarettes typically affect the lungs. The main symptoms associated with vaping diseases include:

• Coughing
• Shortness of breath
• Tightness in the chest
• Wheezing
• Fatigue
• Fever
• Weight loss

The full range of illnesses caused by e-cigarettes is not yet known. However, vaping has been linked to irreversible lung damage and pulmonary disease.

Can I Sue JUUL?

Lawsuits have already been filed against JUUL Labs. In addition to deceptive marketing practices, other pending cases are related to defective ion-based batteries and injuries caused by exploding JUUL devices.

If you believe that you have an injury claim against JUUL, you should contact our knowledgeable e-cigarette attorneys to learn your legal rights.

How Can Stewart Law Offices Help Me?

JUUL lawsuits are complicated, particularly because U.S. officials have not yet isolated what is causing people to develop vaping-related lung diseases. But that shouldn’t discourage you from seeking legal advice.

At Stewart Law Offices, our hardworking JUUL injury attorneys will listen to your story, examine the facts and help determine whether you could be entitled to financial compensation.

Call or contact us today for a free consultation.

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North Carolina Workers’ Compensation Guide

The experienced North Carolina workers’ compensation attorneys at Stewart Law Offices fight for the rights of employees who are injured at work or diagnosed with a job-related disease. Call or contact us today to learn how we can build a workers’ compensation claim that demands maximum benefits for your injuries and losses.

What is Workers’ Compensation?

North Carolina workers’ compensation (or “workers’ comp”) provides medical coverage, wage reimbursement and other non-monetary benefits to workers who are involved in workplace accidents or diagnosed with an occupational disease. North Carolina employers with three or more employees are required to carry workers’ compensation coverage, with certain exceptions.

Who Handles North Carolina Workers’ Compensation Claims?

The North Carolina Industrial Commission (NCIC) oversees the state’s workers compensation system. Its deputy commissioners and commissioners are in charge of resolving disputes between injured workers, employers, and employers’ insurance companies over access to appropriate workers’ compensation benefits.

Workers’ Comp Statute of Limitations in NC

• Workplace injury: 2 years from date of injury
• Occupational disease: 2 years from date of diagnosis
• Death benefits: 2 years from date of death

Failure to file on time can bar a workers’ compensation claim forever.

Notification Requirements for Workers’ Compensation

• Worker must report the injury to employer within 30 days
• File a Form 18 —Notice of Accident to Employer and Claim of Employee with the N.C. Industrial Commission (provide copy to employer)
• Employer has 5 days from the date of injury or allegation of injury to file a Form 19 — Employer’s Report of Injury to Employee with its insurance carrier

Filing Requirements

All forms and documents must be filed with the NCIC electronically

Employer Response to Claims

• Employer/insurance carrier has 30 days to admit, deny or pay the claim without prejudice (by completing Form 60, 61 or 63, whichever is appropriate)
• Employee must receive written explanation for denial of benefits within 14 days of receipt

Average Weekly Wage (AWW)

• Calculated by totaling the amount of wages for 1 year prior to injury and dividing by 52
• If employee worked less than one year, divide wages by the number of weeks worked
• Any period in which employee missed more than 7 consecutive calendar days of work not included in calculation

Workers’ Comp Claim Compensation Rates

• Calculation: 66⅔ percent of average weekly wage not exceeding the state’s maximum rate
• Maximum rate: Adjusted annually ($1,028 for 2019)
• Minimum rate: $30 a week
• Mileage: Reimbursed for medical treatment more than 20 miles from home (Also adjusted annually — 58 cents per mile for 2019)
• Other costs: Travel, hotel and food costs may also be reimbursed

Waiting Period For Payment

• Must wait 7 days before benefits (aside from medical expenses) can be paid
• If you are out of work for more than 21 days, you will be reimbursed for the first 7 days
• Payments made weekly unless NCIC directs otherwise

Medical Benefits For Eligible Workers

• Covered costs: Employer must pay for medical treatment that can cure an injury, relieve pain or help the employee get back to work. Includes payment for medical conditions that are a “direct and natural consequence” of job injury.

Handling Workers’ Comp Disputes in North Carolina

If medical treatment and wage reimbursement does not happen promptly, employee can call the insurance carrier or request a hearing with the NCIC by filing a Form 33 — Request That Claim Be Assigned for Hearing

Types of Disability Benefits

Temporary Total Disability (TTD)

• For workers who are totally disabled (but temporarily) after a workplace accident
• 66⅔ percent of AWW wage not exceeding the state’s maximum compensation rate
• Limited to 500 weeks for accidents occurring after 6/24/11; no cap on claims before that date
• Benefits still payable while employee is authorized to return to work but with restrictions

Temporary Partial Disability (TPD)

• Paid when healing worker can return to work but will be earning lower wages
• 66⅔ percent of difference between AWW pre-injury and AWW post-injury, not to exceed state maximum
• Limit of 300 weeks for injuries before 6/24/11; 500 weeks for injuries after 6/24/11

Permanent Total Disability (PTD)

• For employees who can never work again
• Medical compensation and 66⅔ percent of AWW paid for lifetime of employee
• Certain injuries are automatically considered PTD, including loss of both: Hands, arms, feet, legs, eyes, and any combination of two of the above.
• May also include some traumatic brain injuries, paralysis and severe burns to 33 percent or more of the body

Permanent Partial Disability

• Payable to workers who have reached maximum medical improvement (MMI) but continue to have impairments to “scheduled” body parts according to N.C. workers’ comp law (N.C.G.S. §97-31)
• MMI is determined by doctor and worker is assigned rating that represents percentage of loss of use
• Scheduled body parts are entitled to benefits for a set number of weeks based on the percentage

Scheduled Members and Body Parts

Injury to Compensation (Weeks)

• Arm – 240
• Back-  300
  *If loss of use is more than 75 percent Total disability — 100 percent loss
• Ears:
  One ear – 70
  Both – 150
• Eye – 120
• Fingers*:
  Thumb – 75
  First (index) – 45
  Second – 40
  Third – 25
  Fourth (little) – 20
  *Loss of first phalange of thumb/ finger counts loss of half of affected digit and compensation will be for one-half the weeks specified
• Foot – 144
• Hand – 200
• Leg – 200
• Toes*:
  Great – 35
  All others – 10
  *Loss of first phalange of any toe counts loss of half of affected digit and compensation will be for one-half the weeks specified
• Serious head or facial disfigurement – Up to $20,000
  Serious bodily disfigurement – Up to $10,000
  Loss/permanent injury to any important organ – Up to $20,000

NC Workers’ Compensation Death Benefits

• Death must be a compensable injury
• Must occur within 6 years of date of accident or onset of disability, or within 2 years of a final determination of disability by NCIC (whichever is later)
• Payable to dependents of employee, with burial expenses not exceeding $10,000
• 500 weeks after death for claims after 6/24/11; some exceptions apply

Contact the N.C. Industrial Commission

Mailing Address

1240 Mail Service Center
Raleigh, NC 27699-1240

Physical Location

430 N. Salisbury St.

Raleigh, NC 27603

NCIC Main Phone Number*

(919) 807-2501

(800) 688-8349 

*Press 1 to find out the status of Form 18, 19 or to learn your NCIC File Number

*Press 3 for claims or procedure questions

*Press 0 for general questions

Fax Number

(919) 715-0282

Email: infospec@ic.nc.gov

Important N.C. Workers’ Compensation Forms

Form 18 — Notice of Accident to Employer and Claim of Employee

Form 19 — Employer’s Report of Injury to Employee

Form 22 — Statement of Days Worked and Earnings of Injured Employee

Form 23 — Application to Reinstate Payment of Disability Compensation

Form 24 — Application to Terminate or Suspend Employee’s Workers’ Comp Benefits

Form 25N — Notice to NCIC of Assignment of Rehabilitation Professional 

Form 25P — Itemized Statement of Charges for Drugs

Form 25PR — Request for Preauthorization of Medical Treatment 

Form 25R — Evaluation of Permanent Impairment

Form 25T — Itemized Statement of Charges for Travel

Form 26A — Employer’s Admission of Employee’s Right to Permanent Partial Disability

Form 28 — Return to Work Report

Form 28B — Report of Employer or Carrier of Compensation and Medical Compensation Paid and Notice of Right to Additional Medical Compensation

Form 28C — Report of Employer or Carrier of Compensation Paid Pursuant to a Compromise Settlement Agreement

Form 28T — Notice of Termination of Compensation by Reason of Trial Return to Work

Form 28U — Employee’s Request that Compensation be Reinstated After Unsuccessful Trial Return to Work 

Form 30 — Agreement for Compensation for Death

Form 33 — Request That Claim Be Assigned for Hearing

Form 33R — Response to Request for Hearing

Form 60 — Employer’s Admission to Employee’s Right to Compensation

Form 61 — Denial of Workers’ Compensation Claim

Form 62 — Notice of Reinstatement or Modification of Compensation

Form 63 — Notice to Employee of Payment of Compensation Without Prejudice or Payment of Medical Benefits Only Without Prejudice

Form 90 — Report of Earnings

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Red Light Accident Deaths Reach 10 Year High

A recent study by the AAA Foundation for Traffic Safety found deaths caused by drivers breezing through red lights are the highest they’ve been in a decade. 

Data from the report shows that red-light crashes have increased by 28 percent since 2012. Almost 30 percent of fatalities that occur at intersections are caused by a driver running a red light. 

There is no excuse for ignoring a red light. If have been injured in a red-light crash, you could be eligible for significant compensation. The experienced car accident attorneys at Stewart Law Offices can help determine whether you have a claim and pursue maximum compensation for your losses. 

With offices in both South Carolina and North Carolina, Stewart Law Offices represents clients in a wide variety of car accident and personal injury claims. Call or contact us today for a free consultation.  

Red-Light Accident Injuries

Running a red light can result in severe and sometimes fatal injuries. Nearly 900 people nationwide were killed when someone drove through a red light in a recent year. 

Red-light accidents are particularly dangerous because they tend to happen at higher speeds. The greater the speed, the more violent an accident can be. Some of the most common injuries include: 

• Broken bones
• Whiplash
• Traumatic brain injuries
• Soft tissue injuries
• Back injuries
• Cuts and bruises
• Chest and torso injuries

Being injured in a car accident often means costly medical bills, missed work, rehabilitation and significant property damage. For most people, these sudden and unwelcome expenses can create hardships that victims should never have had to endure. 

A hardworking car accident attorney at Stewart Law Offices can work to reduce those burdens by seeking full and fair compensation for your injuries. 

Getting Hit By Someone Running A Red Light

The first step towards compensation is by filing an auto accident claim with the at-fault driver’s insurance company. It’s a good idea to contact a skilled South Carolina car accident attorney like the ones at Stewart Law Offices before making that call. 

Here’s why:

• Insurance companies look out for themselves. Although adjusters sound sympathetic, they will be looking for ways to discredit your claim in order to deny you a fair settlement offer.
  
• Having an attorney sends a message. Accident victims with a lawyer by their side sends the message that they will not be taken advantage of.
  
• A lawyer knows how to place a fair value on your claim. Making the most of your compensation means taking current losses into account, but also anticipated future needs. Our attorneys consider every potential expense that could be a consequence of the accident. 

Red Light Accident Compensation

If you are unable to recover full and fair compensation from the insurance company, you also have the option of filing a lawsuit against the driver who ran the red light. 

Compensation can provide payment for losses like medical bills, lost wages and pain and suffering. In rare cases, victims may also be entitled to punitive damages intended to punish a driver for a particularly reckless act. 

What Causes People to Run Red Lights?

As many as one out of every three drivers in the AAA study admitted to running a red light within the last 30 days. Most often, drivers run red lights because they are in a hurry or because they are distracted.

Whether it was intentional or not, a person who is injured by a driver who ran a red light should still consider scheduling a free consultation with one of Stewart Law Offices’ dedicated attorneys. Determining who is at fault is an essential component in any car accident claim, and the laws are different in the Carolinas when it comes to your legal rights.  

How Can Stewart Law Offices Help Me?

If you were hit by a driver who ran a red light, the attorneys at Stewart Law Offices can launch an immediate investigation into your claim to determine what happened and who should be held responsible. Then we will collect the evidence necessary to build a strong case on your behalf, all with as little disruption to your life as possible. 

To learn how we can help, contact Stewart Law Offices today. 

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Car Alarms to Prevent Child Heatstroke Deaths

Carmakers Agree to Add Alarms to Prevent Child Heatstroke Death

Every summer, news headlines deliver the tragic news that a child has died after being left in a hot car. This phenomenon, sometimes called forgotten baby syndrome, happens when a parent or caregiver either accidentally or intentionally leaves a young child in vehicle in sweltering temperatures.  

The Alliance of Automobile Manufacturers and the Association of Global Automakers has committed to adding rear seat reminder systems or alarms to lessen the likelihood of hot car deaths. Industry efforts aimed at hot car death prevention will include various “baby in car reminder” alarms or other approaches to help adults remember to check the back seat before exiting their vehicles.

The alliance suggests that vehicles become equipped with a baby car seat alarm system that will include a combination of auditory and visual alerts that will activate after a driver turns off the vehicle. 

All motor vehicles are expected to have a similar car seat warning system for model year vehicles 2025 and after.

Hot Car Death Statistics

The number of young children left in cars each year is staggering. Consider these statistics from the National Safety Council (NSC):

• Nearly 50 children under the age of 15 died in hot cars in 2019.
  
• Every state has experienced at least one hot car fatality over the last  years.
  
• Some states have higher rates of hot car deaths than others, especially Texas, Florida, North Carolina, Georgia and California.
  
•  2018 had a record number of hot car deaths, with a total of 53.

How Do Parents Forget Their Children in Cars?

There are numerous reasons that parents can forget their kids in the back seat, but often it is a combination of stress and distraction. It is never appropriate to leave a child in a car alone under any circumstances, even for a few minutes.

Keeping a car’s windows open or cracked doesn’t make much difference in terms of protection, either. A study from the American Academy of Pediatrics found that in either situation, the interior temperature of a car can jump 40 degrees even when outdoor temperatures are a mild 72 degrees.

In addition, a child’s body is not able to regulate temperature as well as an adult’s, putting them at significant risk of heat stroke. 

What Happens If a Baby is Left in the Car Too Long?

If a child is left in the car for too long, he or she can experience heat stroke, which can be fatal.  Symptoms of heatstroke in children includes but is not limited to:

• Fatigue or weakness
• Dizziness
• Nausea or vomiting
• Headache
• Heat cramps in the abdominal muscles, arms or legs
• Disorientation
• Seizures
• Lack of sweating
• Shortness of breath 
• Unconsciousness

Heat exhaustion or heat stroke needs to be treated by a medical professional immediately. It is essential to take action to lower the child’s body temperature by providing cold drinks, removing clothing and applying cool water to the skin until emergency help arrives. 

How Can a Wrongful Death Attorney Help?

Depending on the circumstances of your case, it may be possible to take action against a person or entity (e.g., a daycare) who negligently left your child in a hot vehicle. In the case of a hot car death, a wrongful death lawsuit could provide compensation for medical expenses, funeral and burial costs, pain and suffering and possibly punitive damages. 

Parents may also be able to file a personal injury action if their child was left in a hot car and survived. Overheating is more than just a simple case of dehydration. Heatstroke can result in permanent physical damage, including brain injuries. An experienced personal injury attorney can help families decide their next step if their child was left in a hot car. 

How Can Stewart Law Offices Help Me?

If your child sustained injuries in a hot car death of another party’s negligence, you deserve to be compensated for your family’s suffering. Talk to one of the compassionate South Carolina attorneys at Stewart Law Offices. Although compensation cannot possibly make up for the loss of a child, it can help manage financial burdens that arise from the event and hold the reckless party accountable for their actions. 

Contact us for a free consultation to learn more about your legal rights. 

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What Types of Injuries Are Covered Under S.C. Workers’ Compensation Laws?

Injured employees in South Carolina are sometimes surprised to learn that their injuries or illnesses are not covered by workers’ compensation. It’s a distressing discovery, especially when the worker is suffering from an injury or disease that is costly to treat or will have a long recovery period.

The experienced workers’ compensation attorneys at Stewart Law Offices believe that all hardworking S.C. employees deserve to know their rights after a workplace accident. Here’s a list of the types of injuries that typically are — and are not — covered under the state’s workers’ compensation laws.

Examples of Injuries That Are Covered In S.C. Workers’ Compensation Claims

In South Carolina, any injury that you sustain while performing duties within the scope of your employment should be covered by workers’ compensation, regardless of who is at fault. Workers’ comp provides payment for medical bills and partial wage reimbursement while the employee is healing.

Examples of injuries that could entitle you to South Carolina workers’ compensation benefits include:

• Overexertion
• Falls
• Struck by an object
• Crush injuries
• Burns
• Repetitive motion injuries
• Occupational illnesses
• Auto crashes
• Stress-related or emotional conditions
• Workplace violence

Although these injuries should be covered by workers’ compensation insurance, it’s not always easy for employees to secure these benefits on their own. Our workers’ comp attorneys strive to help clients get the full and fair amount of benefits that they deserve.

South Carolina Workplace Injuries That Are NOT Covered

Certain injuries are not covered by workers’ compensation in South Carolina, such as:

• Injuries that are easily treated with basic first aid
• Injuries that occur outside of your scope of employment (e.g., a car accident while you are commuting to work)
• Damage that you deliberately inflict upon yourself
• Injuries caused while you were under the influence of drugs and alcohol

Although your own negligence won’t necessarily bar you from receiving workers’ compensation benefits, many claims have been denied due to an employee’s misconduct. However, you should contact a knowledgeable workers’ comp attorney at Stewart Law Offices before assuming your own actions are the sole reason that you were injured.

Sometimes there are multiple reasons for why an accident occurs. An independent investigation by our lawyers can help identify whether someone else could be held liable for the accident that injured you.

How We Can Help

At first glance, South Carolina’s workers’ compensation rules make it sound like obtaining benefits will be easy. Unfortunately, that’s not always the case.

Workers’ compensation is provided by insurance companies that prioritize their own profits over the health of employees. As such, they regularly deny or diminish employees’ claims.

At Stewart Law Offices, our South Carolina workers’ compensation attorneys can assist you through the entire claims process. Having legal representation can prevent you from being treated unfairly and improve your chances of getting the benefits you need to recover from your injuries.

Call or contact us today for a free consultation.

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What Should I Keep In My Glove Box In Case Of An Accident?

No one expects to get into an auto accident. Unfortunately, it happens every day in South Carolina. After a crash, there are a lot of matters that need to be handled. Some of these are personal safety measures and others are important for protecting yourself legally after the wreck.

You can make things easier by keeping a few necessities in the glove compartment of your vehicle.

Glove Box Essentials After An Accident

There are certain items you should keep in your glove box at all times that will help in the unfortunate event of a crash. These include:

• Documentation to show that you have proper auto insurance
• Cell phone charger
• Flashlight
• The vehicle manufacturer’s owner’s manual
• Sunglasses, for bright conditions
• Maps, in case your phone dies, there’s no signal, or you otherwise can’t access your GPS

All of these items will come in handy in case of an accident. Being prepared can make a stressful situation much more manageable.

Do’s and Don’ts After a Car Accident

The steps you take immediately following a car accident can either help or hurt your claim. In the moments after a crash:

Do

• Seek medical attention as soon as possible.
• Exchange information with the other driver(s).
• Call Stewart Law Offices for a free consultation.
• Notify your insurance company of the crash.

Don’t 

• Refuse an ambulance ride.
• Say the crash is your fault.
• Say the crash is your fault.
• Tell an adjuster that you’re OK.

Additionally, if the insurance company of the at-fault driver contacts you, be very careful about what you say. Provide as little information as possible, and tell them to contact your attorney.

How to Prove Liability After a Car Accident

To prove that someone else was liable for a car accident, you must prove they were negligent. The only way to do this is to gather evidence that shows how the accident happened and that the other driver caused it. This evidence can include:

• Photos and videos
• Forensic evidence from the scene
• Statements from all drivers and witnesses
• Footage of dash cams or security cameras
• Black box data
• Cell phone records
• Accident reconstruction specialist testimony
• Your medical records

Our lawyers know what evidence must be collected, and how to get it. Let us do the heavy work so that you can focus on healing.

Emergency Car Accident Kit

Not all car accidents are an emergency. But even a fender bender could disable your vehicle or cause minor injuries. Keep an emergency kit on hand in case there are things you can do to make yourself safer. This should include:

• Reflectors
• Jumper cables
• Ponchos
• First aid kit
• Tow straps
• Carjack
• Wrench
• Spare tire
• Blankets
• Flares
• Snacks and water

At Stewart Law Offices, we hope you never need any to access any of these items. But if you do, they can help manage some common problems after a crash.

What To Keep In The Glove Box Vs. What Not To Keep In The Glove Box

Although there are some things you should always have in your glove box, there are also things you should never keep in there. These include:

• Personal papers
• Vehicle registration
• Vehicle ownership title
• Receipts
• Valuables
• Driver’s license

All of these items can be used by thieves if they break into your car. Once they have them, they can steal your identity and gain access to your most personal and confidential information.

When to Contact Stewart Law Offices

If you or a loved one has been in a car accident and are suffering from serious injuries, now is the time to call a South Carolina car accident attorney. At Stewart Law Offices, we know how to prove when another party was at fault for your accident, and we’ll aggressively pursue the compensation you deserve.

Contact us today for your free consultation.

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Rising Number of E-Scooter Accidents Tied to Alcohol

Electric scooters have skyrocketed in popularity in major U.S. cities over the last several years. Although they offer a convenient mode of transportation, the rise of e-scooters has also led to thousands of accidents resulting in serious and fatal injuries. Now, a study recently published in the journal of the American Association for the Surgery of Trauma has found that alcohol plays a major role in many e-scooter accidents.

Out of 103 patients treated at three hospitals for e-scooter injuries, 79 percent tested positive for alcohol and nearly half (48 percent) had blood-alcohol concentrations (BAC) of over 0.08. That’s the legal limit in nearly all U.S. states, including North Carolina and South Carolina.

And it’s not just alcohol affecting these drivers — 60 percent of patients included in the study were also screened for drugs, and 52 percent of those tested positive.

If you’ve been injured in an e-scooter accident, it may be possible for you to obtain financial compensation for your injuries. Contact the experienced attorneys at Stewart Law Offices for a free consultation.

How Common Are E-scooter Accidents?

The Centers for Disease Control and Prevention reports that the e-scooter accident rate is 14.3 per 100,000 trips. And earlier this year, a report from Rutgers University found that the number of injuries increased from 2,325 to 6,957 over a recent 10-year period.

Head injuries and broken bones are the most common injuries associated with e-scooter crashes. Disturbingly, the majority of people injured in these accidents were not wearing helmets, increasing their risks of catastrophic traumatic brain injuries.

What Are Common Causes of Electric Scooter Accidents?

In addition to alcohol and drug impairment, e-scooter accidents happen for other reasons, such as:

• Unsafe maneuvers (e.g., swerving)
• Speeding
• Riding in the road
• Failing to cross at a crosswalk with the right-of-way
• E-scooter malfunction
• User inexperience

Given the growth of the e-scooter movement in American cities, it’s important for electric scooter companies like Lime and Bird to take every possible precaution to ensure that their vehicles are safe. It’s equally important for operators to abide by the rules of the road to reduce the likelihood of serious accidents.

How To Prove That Alcohol Or Drugs Was A Factor In An E-scooter Accident

One of the best ways to prove drug or alcohol involvement in an e-scooter crash is to report the accident immediately and make sure that a police officer comes to the scene. If the officer has probable cause to do so, they can ask the e-scooter rider to submit to blood/breath alcohol testing.

What Are the Laws Against Drunk E-Scooter Driving?

In many states, you can get a drunk driving charge for operating an e-scooter while drunk. A drunk scooter driver can be asked to submit to BAC testing, and because a scooter is classified as a motorized vehicle (and may be upon a roadway) in many states, DUI charges could follow.

How Can Stewart Law Offices Help Me?

Whether you’re looking for a Bird e-scooter accident lawyer, a Lime e-scooter accident lawyer, or just a skilled personal injury lawyer, the attorneys at Stewart Law Offices can help. With offices throughout the Carolinas, we can determine whether you have a valid claim and, if so, pursue maximum compensation on your behalf.

Call or contact us today to arrange your free consultation.

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Vaping Lawsuits On The Rise In North Carolina

North Carolina Attorney General Josh Stein is moving forward with lawsuits against eight e-cigarette manufacturers, arguing their marketing is targeting children and getting them addicted to vaping.

Vaping products come in a variety of flavors. In an NPR news report, Stein noted that many of the flavors have great appeal to youngsters, including cotton candy, gummy bear, unicorn and graham cracker.

This is not the first time that North Carolina has taken a stand against e-cigarette makers. Stein has also filed suit against the e-cigarette company Juul, asking the court to limit the company’s flavor offerings to cigarette and menthol rather than more “kid-friendly” fruit and candy varieties.

Although North Carolina prohibits selling vaping products to those under 18, Stein argues age verification requirements are not enforced enough, enabling kids as young as middle-school age to get hooked on vaping.

Why Vaping Is Dangerous To Children

Although anti-smoking campaigns explain the risk of nicotine addiction and health problems associated with cigarettes, many people are unaware of just how dangerous vaping is for kids.

E-cigarettes still contain nicotine, the chemical that primarily fuels people to become addicted to cigarettes. Although e-cigs contain smaller doses of nicotine, the U.S. Surgeon General explains that any form of nicotine exposure can cause addiction and damage to developing brains.

In addition, e-cigarettes and vaping devices produce aerosols that contain carcinogens and other toxic substances, which can damage the lungs and also cause secondary exposure to innocent bystanders.

Medical professionals also say that the early use of vaping devices can increase the likelihood of children turning to cigarettes into adulthood.

Adolescent Vaping Hospitalizations Are Increasing

Children have already been harmed by vaping. Early e-cigarette marketing campaigns touted them as smoking cessation devices, or a “safe alternative” to smoking. But recently, as many as 25 teenagers and young adults were hospitalized in Wisconsin, Illinois and Minnesota with breathing problems and lung injuries suspected to be linked to vaping products.

In addition, The Centers for Disease Control and Prevention is investigating close to 100 “possible cases of severe lung illness” linked to vaping in 14 states, according to NPR.

E-Cigarette Explosions

There have also been other injuries associated with vaping devices after the e-cigarettes have exploded while in use.

The New England Journal of Medicine recently reported the case of a 17-year-old boy who had a hole ripped into his jaw when his e-cigarette exploded in his mouth. Earlier this year, a 24-year-old Texas man died after an e-cig exploded while he was in his grandmother’s car, cutting his carotid artery.

Can I File A Lawsuit Against A Vaping Company?

Personal injury lawsuits are currently being filed across the country by consumers who have been injured by exploding e-cigarettes. Many of these victims have suffered burns, facial injuries, infections and other serious injuries when the device malfunctioned, some with lasting disfigurement.

When a defective product injures someone, it is possible to seek compensation for accident-related injuries such as medical expenses, lost income, pain and suffering and related damages.

If you or your child has suffered an injury due to vaping, the best way to find out your legal options is by talking with an experienced attorney. Let Stewart Law Offices help you. Call or contact us to arrange a free consultation.

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Charlotte Airport Accident Kills Baggage Worker

A worker at Charlotte-Douglas International Airport was recently killed when his vehicle flipped after hitting a piece of luggage that had fallen on the tarmac.

The Sept. 8 accident happened at night when the worker, who was transporting baggage, noticed the dropped luggage and made a sharp turn to avoid it. The airport vehicle still struck the luggage and it overturned, pinning the driver underneath.

Any time there is a workplace accident, the Occupational Safety and Health Administration requires officials to investigate the incident to see if safety violations contributed to a worker’s injuries or death.

There were 47 workplace deaths in North Carolina from October 2018 to July 2019, according to the Department of Labor. In addition, the most current State OSHA Annual Report shows there has been a 48 percent increase in work-related deaths in the Tar Heel State over a recent five-year period.

North Carolina requires employers to purchase workers’ compensation insurance to provide coverage of medical costs and missed wages to accident victims, regardless of who is at fault for the accident.

In the case of a workplace fatality, the N.C. workers’ comp system provides death benefits to eligible family members to assist with the economic losses that result from the loss of a loved one.

Who Can Get Death Benefits After a NC Workplace Accident?

The workers’ comp laws regarding who can receive death benefits in North Carolina are not as straightforward as one might think.

Determining who is entitled to benefits is based on analyzing whether certain relationships existed between the decedent and other potential beneficiaries. Generally speaking:

• Those who are deemed wholly dependent on the worker before his or her death are eligible to split the benefits
• Partial dependents may receive a portion of the deceased’s benefits
• If no full or partial dependents exist, then certain next of kin may receive a lump sum of the death benefits

The rules get more complicated if the family situation is more complex (e.g., if a beneficiary is not competent to receive the funds due to a mental disability, etc.). The best way to determine whether you are entitled to death benefits is by speaking with an experienced North Carolina workers’ compensation lawyer.

What Kind of Death Benefits Are Available?

Death benefits provide wage reimbursement for two-thirds of the deceased workers’ weekly wage for a minimum of 500 weeks.

There are exceptions to the 500-week rule, such as if the deceased worker’s beneficiary was a minor. In that case, benefits are paid up until the child’s 18th birthday, even if that extends beyond the 500-week period.

Death benefits under the N.C. workers’ compensation system also provides funds for burial expenses up to $10,000.

Other Legal Options Beyond Workers’ Comp

Workers’ compensation benefits are not the only source of compensation in a workplace accident. Sometimes, an outside third party could have contributed to the incident.

For example, many workplace injuries occur on construction sites. Construction jobs are often given to a contractor and multiple sub-contractors who work on the site at the same time. If you work for Contractor A and trip on a power tool left on the ground by someone in Company B, it may be possible to file a third-party claim against Company B for negligence.

Talk to a Charlotte Workers’ Compensation Attorney

If you lost a loved one in a North Carolina workplace accident, the compassionate attorneys at Stewart Law Offices want to hear your story. We can help you determine if you are eligible for workers’ compensation benefits and if anyone else should be held accountable for the tragic accident.

We’re standing by to help. Contact us for a free consultation today.

Sources:

The Charlotte Observer

N.C. Department of Labor State OSHA Annual Report: Fiscal Year 2018

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Workplace Injuries Triple Women’s Risk Of Suicide Or Overdose

Women are three times more likely to commit suicide or die following a workplace accident, according to a new study published in the American Journal of Industrial Medicine.

Researchers from Boston University found that women who suffered workplace injuries that caused them to miss at least one week of work were 92 percent more likely to commit suicide and 193 percent more likely to overdose compared to other female workers.

By contrast, their male counterparts were 72 percent more likely to die by suicide and 29 more likely to abuse drugs.

Getting injured on the job can be painful, stressful and lead to long periods of time off work. However, the tendency to focus on the physical effects of these injuries may mask the severity of psychological ones — and undiagnosed depression or substance abuse can lead to self-harm.

For this reason, it’s important for all workers to know the warning signs that someone is thinking about suicide. It’s also critical for anyone suffering from suicidal thoughts to seek help immediately.

Job Injuries Are Stressful Life Events

Women and men share many of the same risk factors for suicide. There’s never a single cause. But according to the American Foundation for Suicide Prevention, stressful life events are often triggers. Workplace injuries certainly fit in that category.

When you’re involved in a workplace accident, your entire wellbeing is put in jeopardy. There are the physical injuries to contend with, but also the financial concerns that come if you face a long recovery period or cannot return to work.

Workers’ compensation benefits can help cover medical expenses and partial wage replacement after a job injury. But it’s not always simple to obtain those benefits and not every South Carolina employee can claim them. Talking to an experienced worker’s compensation attorney can help you determine your rights if you’ve been hurt.

Recognizing The Warning Signs Of Suicide

People who are contemplating suicide communicate their feelings differently. Some talk, some withdraw and some even seem to express a sense of peacefulness that can be mistaken for “doing better.”

Watch for:

• Statements of despair, such as “I can’t cope” or “I’m a burden.”
• Behavioral changes (e.g., anxiety, tearfulness, or engaging in risky behaviors, drinking too much, etc.)
• Change from normal appearance (e.g., poor hygiene, sudden weight loss, etc.)

How You Can Help A Co-Worker

If believe that a co-worker is having suicidal thoughts, you can might not know what to do. You may be hesitant about getting involved or doubt whether they are a danger to themselves. But you can and should do something.

The fact is that you’re around your co-worker every day. You may be uniquely situated to get a sense of his or her mental state, maybe even more so than his or her family.

Tips for what you can do:

• Ask if they’re OK. Don’t be afraid to be direct about it. If their answer worries you, urge them to seek help right away. Offer to take them to a therapist or help determine what mental health benefits are available through work.
• Visit co-workers whose injuries keep them from working. Being alone can be depressing after a workplace injury. Visit as often as possible to keep their spirits up.
• Advise at-risk workers to call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255). Someone is available to talk 24/7.

If you’re struggling after a workplace accident, don’t wait to receive the emotional help that you need. Reach out to a counselor, friend, family member or therapist to help you cope during this stressful time.

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