Thursday, December 17, 2020

Winter Driving Accident Statistics

Snow and ice can turn an ordinary drive into a deadly one. Slick and slushy roads create dangerous conditions that can send the most experienced driver careening into another vehicle. Sadly, these winter driving accidents happen more often that you might think.

Consider these statistics from Carsurance and the AAA Foundation for Traffic Safety:

  • Winter weather is a factor in nearly 500,000 car crashes and 2,000 fatalities every year.
  • 17% of all auto accidents in the U.S. occur during winter weather conditions.
  • Over 70% of U.S. roads are in snowy areas.
  • About 70% of the U.S. population lives in snowy regions that get an average of five inches of snowfall annually.
  • Every year, about 76,000 Americans are injured in traffic crashes during a snowfall.
  • Annually, around 116,800 people are hurt in auto accidents on snowy or icy roads.
  • Snow, slush, and ice account for nearly a quarter of all weather-related crashes.
  • Around 15 percent of car accidents caused by inclement weather occur in snow and sleet.
  • Fatal accidents are most likely in the Midwestern and Plains states, but can also occur in the South.
  • December is the worst winter month for deadly traffic accidents.

Safety Tips for Winter Driving

Staying safe while driving in winter means taking extra precautions before you leave home:

  • Check the weather forecast: Try to avoid driving if you know that hazardous winter weather is on its way.
  • Check your visibility: Clear all ice and snow from your windshield, windows, mirrors, and roof before driving.
  • Inspect your vehicle: Check your gas, windshield wipers, lights, battery, tire pressure, and especially your brakes. It can take up to 10 times longer to stop in snowy conditions.
  • Check your spare: Don’t forget to check your spare tire in case of a blowout.
  • Create an emergency kit: A flashlight, extra cell phone charger, ice scraper, water, food, and blankets can be a lifesaver if you’re in an accident or stuck on the side of the road.
  • Let someone know your route: Make sure a family member or friend knows when you leave, what roads you will be taking, and when you expect to arrive at your destination. That way, someone will know to look out for you if you don’t show up on time.
  • Clear your tailpipe: If you have to dig out of a heavy snowfall, make sure to clear the tailpipe of any snow immediately. Otherwise, it can fill the car with carbon monoxide, potentially killing anyone who is inside staying warm.

Injured in a Car Accident? Contact Stewart Law Offices Today

Have you or a loved one been hurt in a car accident in South Carolina or North Carolina? A successful claim for compensation can provide money for medical bills, lost wages, pain and suffering, and more.

Talk to a top car accident lawyer at Stewart Law Offices today. Our law firm has four South Carolina locations, in Rock Hill, Columbia, Spartanburg, and Beaufort.** We also serve auto accident victims in North Carolina from our Charlotte office.

For more information or a free consultation, please call or contact us today.

Originally published January 2017, updated December 2020.

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Tuesday, December 8, 2020

Depression And Workers’ Compensation

Depression is a debilitating illness that affects millions of people every year. It’s also more common after a workplace accident than many people think. A study by the Institute for Work and Health found 1 in 12 employees were diagnosed with depression in the first 12 months after suffering a work injury. None of the participants had a depression diagnosis before the injury occurred.

In South Carolina, it is possible to obtain workers’ compensation benefits to cover losses incurred due to depression. However, eligible employees often face obstacles when seeking benefits for mental injuries. Insurance companies may argue that a worker’s depression is not linked to the job injury or is the result of a pre-existing condition. These arguments can impact your ability to obtain full benefits unless they’re backed by strong proof.

If you’ve been diagnosed with depression after a workplace accident, you may not feel up for a fight. Let Stewart Law Offices handle the case for you. Our compassionate South Carolina workers’ compensation lawyers can explain the state’s laws regarding mental injuries and handle every aspect of your workers’ compensation claim for you.

You’ll never feel alone as your claim proceeds. Our law firm’s longstanding tradition is to treat clients like family. And we don’t leave family behind.

Reach out to us today for a free, confidential consultation.

Does Depression Qualify Me for Workers’ Compensation?

South Carolina allows certain individuals to obtain workers’ compensation benefits for depression. South Carolina Code § 42-1-160(B) states that depression and other mental health conditions that are unaccompanied by a physical injury do not qualify as a personal injury unless an employee can prove:

  • The employment conditions causing their depression were extraordinary and unusual compared to the normal conditions of employment.
  • Those extraordinary conditions caused or exacerbated the worker’s depression.

South Carolina Code § 42-1-160(C) adds that mental injuries that occur in the absence of a physical on-the-job injury do not qualify for compensation if they occur in the context of normal employer/employee relations, such as:

  • Personnel actions by the employer such as disciplinary actions
  • Work evaluations
  • Transfers
  • Promotions
  • Demotions
  • Salary reviews
  • Terminations

If your depression is aggravated by a work-related physical injury, it is only compensable if:

  • The employer/carrier admits it.
  • An authorized physician notes that the condition is at least in part causally related or connected to the injury or accident in medical records.
  • The depression is found to be causally related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist.

What Kind of Workplace Injuries Can Lead to Depression?

In truth, any kind of workplace injury could lead to depression. In the study above, the participants had all suffered some sort of musculoskeletal injury that kept them out of work for five days or more.

People who suffer from traumatic brain injuries (TBIs) may also experience depression as a consequence of their injuries. This could be due to direct damage to the brain or from the limitations that the injury caused, such as the loss of mobility, memory loss, or other cognitive impairments.

South Carolinians who suffer job injuries that are career-ending, require long-term hospitalization, or result in permanent disabilities are also prone to depression. High-stress jobs also are associated with high rates of depression.

Filing a S.C. Workers’ Compensation Claim for Depression

You have 90 days to notify your employer that you realized or have been diagnosed with depression. After that, you would file a Form 50, Employee’s Notice of Claim and/or Request for Hearing with the S.C. Workers’ Compensation Commission.

At Stewart Law Offices, we can assist you with filing all workers’ compensation paperwork accurately and on time. We can also work with your employer’s insurance company to address any disputes that may arise.

Please know that we understand that depression is real. We also understand the complexities of workers’ compensation law and can gather the evidence you need for a solid and convincing claim.

Get Legal Help from an Experienced S.C. Workers’ Compensation Lawyer

Don’t give up on pursuing workers’ compensation if you’re suffering from depression. Talk to an attorney at Stewart Law Offices instead.

For more than 25 years, our accomplished legal team has fought for the rights of injured workers just like you. Our law firm has offices in Rock Hill, Columbia, Spartanburg and Beaufort**, as well as Charlotte, N.C. We can come to you if getting to us is too difficult.

Call or contact us now to get started.

Originally published October, 2019. Updated December, 2020.

More Workers’ Compensation FAQs

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