Thursday, January 28, 2021

Why Nurses Should File for Workers’ Compensation

Nurses dedicate their lives to helping patients heal, but they can sustain their own injuries while taking care of others. Labor statistics show that 20,150 registered nurses in the U.S. reported job injuries in a recent year. The Occupational Safety and Health Administration (OSHA) further notes that hospitals are among the most dangerous places for people to work.

Qualifying nurses in North Carolina and South Carolina are entitled to workers’ compensation benefits after suffering a job-related injury. Eligible nurses can receive coverage for their medical costs, a portion of their lost wages, and disability benefits.

Were you injured while working in a hospital, outpatient clinic, or another healthcare facility in the Carolinas? Reach out to a workers’ compensation lawyer from Stewart Law Offices for help applying for benefits. We can also assist with workers’ compensation appeals if you were denied the benefits you deserve.

With offices in both North Carolina and South Carolina, Stewart Law Offices will work to secure full and fair workers’ compensation benefits for you. Call or contact us today for a free consultation.

Are Nurses Able to File for Workers’ Compensation?

Most employers in North Carolina and South Carolina are required to carry workers’ compensation insurance. This includes hospitals, surgical centers, clinics, and other healthcare facilities. Nurses who are injured while performing duties at those facilities can file a claim for workers’ compensation.

Top Reasons Why Nurses Should File for Workers’ Comp

The No. 1 reason why nurses should file for workers’ compensation is to protect their health and, ultimately, the health of their patients. Trying to “work through” an injury without taking the time to recuperate puts nurses, hospitals, and patients at risk.

In addition, the medical costs surrounding any kind of injury can be huge. Workers’ compensation benefits cover all reasonable medical expenses related to the job injury. Without filing for workers’ comp, nurses could be left paying for those bills on their own.

Workers’ compensation benefits are also provided regardless of fault. Nurses don’t need to worry about proving that someone else was negligent and caused their injury in order to receive compensation. Although workers’ comp claims must be substantiated with strong evidence, claimants only have to show proof of their injury and that it was work-related.

Unfortunately, workers’ compensation insurers don’t always make it easy for nurses to secure the benefits they are owed. If you believe you are entitled to workers’ compensation and have been denied, talk to a lawyer right away.

Common Workplace Hazards for Nurses

Nursing is a hazardous profession. Some of the biggest dangers include:

  • Infectious diseases: The COVID-19 crisis has highlighted just how exposed nurses are to infectious diseases. Questions loom about how workers’ compensation insurers will handle these types of claims, so nurses that have contracted the virus or another infectious disease should always seek advice from a competent lawyer.
  • Slip and fall accidents: Freshly mopped floors, unsteady patients, and spills are very common in healthcare facilities. This puts nurses at greater risk of being involved in slip and fall accidents.
  • Overexertion injuries: For nurses, overexertion injuries are typically a result of moving, lifting, and repositioning patients.
  • Needle injury: Needle sticks, or sharps injuries, happen when a part of the body is punctured or wounded by a needle, scalpel, or other sharp object.
  • Violence: Nurses are prone to experience violence from patients, particularly those who suffer from Alzheimer’s disease or have psychiatric or substance abuse problems.

Call Our Experienced Workers’ Compensation Attorneys Today

Workers’ compensation is available for injured nurses, but filing a successful claim can be a challenge. If you’re in North Carolina or South Carolina, get a workers’ compensation lawyer from Stewart Law Offices on your side. Call or fill out our online contact form for a free case review.

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Friday, January 22, 2021

Can Siblings Sue for Wrongful Death?

Nothing can prepare you for the pain that comes from learning a loved one was killed in an accident. Along with impossible grief, family members often find that they are left with significant financial hardships as a result of the loss. In South Carolina, wrongful death compensation is possible to offset these demands. However, only certain people can file a wrongful death claim.

Did you recently lose a family member in an accident? An experienced wrongful death attorney from Stewart Law Offices can answer your questions in a free consultation. Call or contact us today.

South Carolina Wrongful Death Settlements

South Carolina law states that when another person’s negligence causes the death of someone else, they can be held liable for paying damages the family incurred as a result. These claims, known as wrongful death settlements, can include damages for funeral and burial costs, loss of companionship, care, and protection of family members, and pain and suffering. Only specific people are allowed to file these claims, and it is important that all surviving loved ones understand who is eligible.

Can Siblings Sue for Wrongful Death?

In many states, only spouses and children of the deceased can file wrongful death claims. In other areas, the parties eligible to file wrongful death claims extend to siblings, grandparents, and more. In South Carolina, only the personal representative of the deceased’s estate is allowed to file a claim.

The personal representative of the deceased’s estate is often outlined in the person’s will or other documents within their estate plan. When the estate plan does not outline a personal representative, the probate court will name one. Although siblings can file a claim for wrongful death, they can only do so if they are the personal representative of the estate.

How are Settlements Divided for Wrongful Death in South Carolina?

Wrongful death settlements are divided among the surviving family members that the deceased left behind.

  • If the deceased has a surviving spouse, he or she will receive half of the settlement if there are children. The other half is divided among the children.
    If the deceased did not have children, the surviving spouse will receive the whole settlement.
  • If the deceased did not have a surviving spouse, the children will receive the whole settlement. Children cannot receive their portion of the settlement until they have reached the age of adulthood.
  • In the event that the deceased did not have a spouse or any children, the parents of the deceased can receive the settlement. However, if the court finds that the parent did not support the deceased during childhood, the judge has the authority to deny the parents a settlement or reduce their share.

How Stewart Law Offices Can Help Me

If you have lost a loved one, a South Carolina wrongful death lawyer at Stewart Law Offices can help you navigate the civil justice system and ensure you secure the full amount of damages you deserve. Call us today or contact us online to schedule a free consultation.

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South Carolina Semi-Truck Accident FAQs

Truck accidents are traumatic experiences. Knowing what to do in the aftermath is especially confusing for accident victims. To help, Stewart Law Offices has compiled a list of the most frequently asked questions about truck accidents in South Carolina below.

For personalized advice from one of our S.C. semi-truck accident lawyers, call or contact us today for a free consultation.

What Should I Do After a Truck Accident?

Understanding what to do after a truck accident will not only protect your safety and wellbeing but also any future legal claim you wish to file. You should:

  • Report the accident to the police, as mandated by state law.
  • Seek medical attention, even if you think you are not hurt.
  • Document the scene by taking pictures, video, and collecting the names and contact information of witnesses.
  • Never admit fault or apologize for the accident.
  • Hire a S.C. truck accident lawyer to explain your rights and help you file a claim for compensation.

What is FMCSA?

The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency that governs truck drivers and trucking companies. FMCSA creates and enforces rules for the trucking industry, including mandates on how long a truck driver can drive before taking a rest break, training requirements, schedules for routine inspections, and more.

Truck Accidents vs. Car Accidents: Are They Handled the Same Way?

Many people think that truck accidents and car crashes are similar. In fact, the two are very different. Truck accident cases are much more complicated due to the following factors:

  • Trucks carry more insurance, which makes insurers more likely to fight large claims.
  • Unlike car accidents, truck accidents are governed by both state and federal law.
  • The evidence used in truck accident cases is different.
  • There is a lot of science involved in how trucks operate. Judges and juries often have to be educated about the technicalities.
  • A number of parties could be at fault for a truck accident, and some may not even be at the scene of the crash.
  • The injuries after a truck accident are typically much more severe.

All of these differences make filing a truck accident claim much more complex than filing a claim after a car accident.

Who is Liable in a Truck Accident?

Truck accidents involve a number of potentially liable parties. These may include:

  • The truck driver
  • The trucking company
  • Cargo owners and loaders
  • The manufacturer of the truck and its parts
  • Inspection and maintenance companies
  • Local governments and contractors

Determining liability is one of the most difficult aspects of a truck accident claim. A lawyer will investigate the case, determine its causes, and then identify all of the negligent parties who played a role in the wreck.

How Can Stewart Law Offices Help Me?

After a truck accident, an insurance representative may call right away to offer you a settlement. Never accept it without first speaking to a South Carolina truck accident lawyer.

At Stewart Law Offices, our attorneys know how to put a full and fair value on your claim and negotiate aggressively in pursuit of the settlement you deserve.

More questions? Call or contact Stewart Law Offices today for a free consultation.

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Thursday, January 21, 2021

What is the Average Settlement for Semi-Truck Accidents?

Injury lawyers are often asked if there’s an average settlement amount for a semi-truck accident claim. It’s an excellent question with no easy answer.

The value of a claim depends on a wide range of factors, such as what caused the accident, who is responsible, and the extent of the victim’s injuries and other losses. But some of the most devastating losses do not have a fixed dollar amount. That’s why victims can benefit from discussing their case with an experienced truck accident attorney.

Have you been hurt? Get in touch with a lawyer at Stewart Law Offices right away. Our skilled truck accident attorneys can meet with you in a free consultation, investigate your case, and put a fair value on your claim. We can also represent you fiercely during settlement negotiations with the at-fault party’s insurers so that you are not under-compensated for your losses.

Call or contact us now to get started.

Truck Accident Settlement Amounts

Your ability to obtain compensation after a semi-truck accident will hinge upon whether you can prove that someone else is liable for your injuries.

Identifying who is liable is especially complex with truck accidents. Beyond the truck driver, several other parties may be held accountable for your injuries, such as the trucking company, the truck’s owner, maintenance companies, cargo loaders, and parts manufacturers.

Big companies are protected by large insurance policies, which makes the potential payout from a truck accident claim high. But these corporations will be looking for every possible reason to minimize their liability and reduce your truck accident settlement amount. A knowledgeable attorney can spot unfair tactics that seek to undermine your rights and develop arguments to counter them.

Factors That Impact Truck Accident Compensation

A variety of factors are taken into account when awarding compensation in a truck accident claim, such as:

  • The severity of the injuries
  • Who is at fault
  • The value of economic losses, such as medical expenses, lost income, and property damage
  • The value of non-economic damages, such as pain and suffering
  • Insurance policy limits

Because more than one party may be liable for a semi-truck accident, hiring a lawyer to investigate your case can help ensure that you pursue compensation from all possible sources.

How Can I Maximize My Truck Accident Case Value?

After a truck accident, it may seem as though there is little within your control. However, there are ways you can maximize the value of your truck accident case. To strengthen your claim, you should:

  • See a doctor as soon as you realize you’re injured.
  • Follow all treatment and rehabilitation instructions exactly.
  • Keep a pain journal to document your injuries and how they are affecting your life.
  • Get a copy of the police accident report.
  • Don’t talk to the insurance company until you’ve spoken with a truck accident lawyer.

Call an Experienced Truck Accident Lawyer at Stewart Law Offices

Getting a full and fair semi-truck accident settlement can save you from financial distress and help you get the medical treatment you deserve. Put Stewart Law Offices to work for you. Call or contact us for a free consultation.

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