Tuesday, December 27, 2022

How Can I Throw a Safe Holiday Party?

For many of us, festive gatherings with friends, family, and co-workers are one of the highlights of the holiday season. But any holiday party can become a disaster if the host lets guests overindulge, spread seasonal illnesses, or drink and drive. Here are some key safety tips to remember if you plan to throw a party this holiday season.

Relatives vs. Corporate Parties

Your approach to party planning should look very different if you’re planning to host your friends and family versus your employees. As a social host inviting guests into your home, you will need to consider topics such as menu options and how to make your house reasonably safe for visitors. If you’re a business owner throwing a corporate bash, you will need to think more about your liability for accidents and might even consider asking attendees to sign waivers. You will also want to check with employment laws and ensure you are not violating any harassment or wage laws.

Non-Alcoholic Options

Drunk driving auto accidents are more common during the holidays when people celebrate by drinking. One way to keep your holiday party safer is by investing in non-alcoholic drink options for guests, including mocktails and non-alcoholic beer. If boozy drinks feel like a must, try serving only beer and wine, handing out drink tickets, or cutting off the bar after one or two hours.

Rideshare Cards/Codes

If your guests will be drinking, consider providing them with rideshare cards or codes so they have a safe way to get home after the party. Popular rideshare services like Uber and Lyft offer event transportation vouchers that are flexible and convenient. COVID-Related Hygiene

The COVID-19 pandemic might feel like a thing of the past, but new infections and fatalities are still occurring daily. Keep your partygoers safe and healthy by focusing on cleanliness, limiting party attendance, spreading out in different zones, instituting temperature screenings, and encouraging invitees to stay home if they feel unwell. Also, consider hosting several smaller departmental parties rather than one big company-wide party.

Food

Providing your guests with healthy, high-quality food will prevent drinking on empty stomachs and give everyone something non-alcoholic to focus on. Remember that salty and greasy foods make you thirsty and more likely to over-indulge, so supply a steady flow of options like lean meats, cheeses, and veggie trays with dips. Also, be sure you keep foods at the correct temperatures to avoid foodborne illnesses.

Activities

Your guests are less likely to drink excessively if they have fun and engaging activities to distract them. When you make your holiday party plans, consider the preferences of your invitees and organize functions you know they will enjoy, like games, raffle drawings, or trivia contests. Avoid activities or decorations that might encourage inappropriate behaviors, such as hanging mistletoe.

Legal Obligations as the Host

If you provide alcohol as a social host in South Carolina, you could be liable if an intoxicated guest goes on to injure someone else. Be especially careful if you are hosting minors at your holiday get-together. You will also need to check for possible hazards and correct them to avoid premises liability accidents.

If You Do Get into a Car Accident…

If you or someone you love is hurt in a car accident after a get-together this holiday season, contact the DUI accident lawyers at Stewart Law Offices. We can review your situation and explain your legal options during a free initial consultation with a South Carolina car accident lawyer.

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Monday, December 19, 2022

Accident With a Drunk Driver? Know Your Legal Options

If you were recently involved in a car accident in South Carolina caused by a drunk driver, you are probably confused about your rights and next steps.  An experienced South Carolina drunk driving accident lawyer can explain your options for seeking justice when you call for a free case review. 

Types of Expenses that Need Covering

Drunk driving accidents often leave victims with severe injuries that have wide-ranging consequences. Many accident victims incur considerable expenses for the following types of medical care:

  • Ambulance rides and other emergency response services
  • Inpatient and outpatient visits to hospitals and urgent care clinics
  • Follow-up visits with general practitioners or specialists
  • Physical therapy sessions and mental health counseling
  • Surgeries, diagnostic tests, and other specialized procedures
  • Prescription drugs and over-the-counter (OTC) medications
  • Durable medical equipment (DME), like wheelchairs and walkers

Additionally, accident victims can pursue compensation for the cost to repair or replace their vehicle, lost wages, and their pain and suffering.

 

Short- and Long-Term Injuries Caused by Drunk Driving Accidents

The initial damage of a drunk driving accident is often due to blunt force trauma or penetrating wounds. Additionally, many victims experience intense bending, twisting, and crushing forces that can cause additional injuries. Common short- and long-term injuries from alcohol-related car accidents include:

 

  • Head and neck injuries
  • Facial and dental injuries
  • Traumatic brain injuries (TBIs)
  • Back and shoulder injuries
  • Spinal cord injuries (SCIs), including partial or total paralysis
  • Abdominal and internal injuries
  • Arm, elbow, wrist, and hand injuries
  • Dislocated or broken bones
  • Seatbelt and airbag injuries
  • Permanent scarring and disfigurement
  • Amputation 
  • Soft tissue strains, sprains, and tears
  • Leg, knee, ankle, and foot injuries
  • “Road rash” and other burn injuries
  • Emotional and psychological injuries, including post-traumatic stress disorder (PTSD)

 

Legal Options Following an Accident with a Drunk Driver

As you can expect with common injuries like those listed above, the medical expenses stemming from a drunk driving accident can be significant. You may have various legal options to try to cover these expenses depending on the circumstances and the insurance coverage available. Some of your options may include the following:

  • Filing a claim with your own insurer – If you have MedPay and collision insurance, you might choose to file a claim with your own insurer for your medical expenses and vehicle repairs, respectively. If the drunk driver did not have insurance or enough insurance to cover your damages, you could make a claim with your uninsured (UI) or underinsured (UIM) coverage.
  • Filing a claim with the drunk driver’s insurer – If a drunk driver was responsible for the crash that injured you, filing a claim with their insurance provider is probably the most straightforward way of recovering compensation for the injuries you have suffered. An experienced drunk driving accident lawyer can help negotiate a fair settlement on your behalf. 
  • Filing a lawsuit against the drunk driver – If you cannot resolve your claim through an out-of-court settlement, you could file a lawsuit against the drunk driver. If your damages exceed the amount of the drunk driver’s insurance coverage, you would have to try to recover compensation directly from the impaired driver. 
  • Filing a claim against a third party – There are times when a third party may be held responsible for an accident caused by a drunk driver, such as if a bar or social host served alcohol to an impaired driver or minor. 

Your personal injury lawyer can help you determine the options that are available in your case. 

 

Evidence Needed to Prove Fault

South Carolina follows a fault-based system for auto insurance, which means you have the right to file an insurance claim against the driver responsible for causing the accident, including a drunk driver that crashes into you. However, before you can collect compensation for your claim, you must prove the drunk driver was at fault for the collision by presenting evidence such as:

 

  • Photos of the accident scene and vehicle damage
  • Video footage of the collision from nearby security or traffic cameras
  • Statements from witnesses who saw the crash
  • Official accident reports prepared by the police
  • Breathalyzer tests and toxicology reports
  • Testimony from experts like medical professionals and crash reconstruction experts

 

Statute of Limitations

South Carolina’s statute of limitations gives you three years from the date of the accident to file a personal injury claim against the drunk driver. A knowledgeable South Carolina drunk driving car accident lawyer can help you avoid any issues with the statute of limitations by timely filing your claim and aggressively pursuing compensation during negotiations. 

 

Should I Contact Legal Help?

Yes. If you sustained injuries in a drunk driving accident, you should contact a South Carolina car accident lawyer for legal help as soon as possible. Much is at stake. You shouldn’t be left paying for your crash-related losses out of pocket. 

You can count on Stewart Law Offices to thoroughly investigate your claim and identify all possible sources of compensation. Contact our firm today to discuss the details of your South Carolina car accident case in a free initial consultation session with a drunk driving accident lawyer.

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Will Your Holiday Vacation/Travel Affect Your Workers’ Compensation?

If you sustained an occupational injury or illness that keeps you from working during the holidays, the resulting time off might seem like an excellent opportunity for a vacation. However, if you are currently drawing workers’ compensation benefits, consider how a vacation could affect your benefits before making any plans.

Risks of Taking Vacation While on Workers’ Compensation

Scheduling a holiday vacation while you are collecting workers’ compensation benefits in North or South Carolina could put your workers’ comp at risk because:

  • The insurance company could question the severity of your injuries or insist that your ability to travel is proof you can work.
  • Missing or rescheduling medical appointments related to your work injury could jeopardize your health and your workers’ comp claim.
  • Maintaining medical care may be difficult while on vacation.
  • Traveling long distances to go on vacation or participating in strenuous activities like hiking, swimming, or skiing might go against your doctor’s advice.
  • Your insurer might send an investigator to your vacation destination to gather evidence to use against you, such as photos of you doing activities that appear too taxing for your condition.

What Not to Do During Vacation While on Workers’ Comp

Insurance companies have been known to keep a close eye on workers’ comp recipients who go on vacation because they don’t want to pay out any benefits they don’t have to. If you decide to go on vacation while drawing workers’ comp, consider these practical tips:

  • Do not schedule your holiday vacation in a faraway place. The less time you spend cramped up in a car or airplane during your recovery, the better.
  • Do not skip any doctor’s office visits, physical therapy sessions, or other medical appointments related to your work injury to go on vacation.
  • Do not participate in any vacation activities that go against your doctor’s orders.
  • Do not post vacation photos or stories on social media. The insurance company can use any information that is publicly available against you.

How to Remain Eligible for Workers’ Comp While on Vacation

Here are some tips to keep in mind to protect your benefits while on vacation:

  • Plan a vacation that’s not too far from home. Consider a holiday “staycation,” in which you engage in relaxing leisure activities close to home.
  • Enjoy low-key vacation activities that don’t strain or stress your body.
  • Avoid posting photos or information about your vacation online for others to see.
  • Schedule your vacation so that you do not miss any medical appointments.
  • Follow your doctor’s care plan even while you are away on vacation.
  • Consult a knowledgeable attorney for advice before you make your plans

Contact Stewart Law Offices for Help with Your Claim

If you are considering going on vacation while you are receiving workers’ compensation, consult a knowledgeable attorney for advice. The workers’ comp lawyers at Stewart Law Offices can review your case and provide the guidance you need. Contact us today for a free consultation.

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Thursday, November 10, 2022

Stewart Law Offices Community Sponsorships for 2022

At Stewart Law Offices, we believe in giving back to the communities we serve. We pride ourselves on providing high-quality legal representation to clients in need throughout North and South Carolina. This dedication to service does not end at the courthouse door.

Since its founding in 1995, Stewart Law Offices has supported local teachers, shelters for abused and neglected children, Special Olympics South Carolina, organizations that provide college scholarships for disadvantaged children, medical debt relief organizations, and other philanthropic efforts. These organizations have helped countless families and children in the Carolinas. We are proud to have contributed to their work in building stronger, more equitable communities. 

In 2022, we are excited to sponsor two new charitable organizations: The Care Ring of North Carolina and Baby Bundles of North Carolina. These organizations provide vital services to struggling people in our communities and deserve your support. The team at Stewart Law Offices is proud to offer them a helping hand and encourages our neighbors to join us in doing so.

What Is the Care Ring of NC?

Care Ring is a nonprofit group that provides healthcare services for those who are uninsured, underinsured, or unable to access high-quality preventative care in North Carolina. Care Ring primarily serves the Mecklenburg County region and provides care to more than 7,600 people each year. Among the services Care Ring provides are:

  • Low-Cost Primary Care – Care Ring operates a low-cost clinic at the Children and Family Services Center in Charlotte. This clinic provides in-person and virtual primary care services to those who would otherwise be unable to afford treatment. The clinic’s services include annual check-ups, low-cost lab work, school physicals, help with managing chronic conditions, well-woman care, employment exams, TB tests, health education resources, and referrals to other healthcare charities.
  • Nurse-Family Partnership – Care Ring’s Nurse-Family Partnership provides pregnant women with personal nurses to support them during pregnancy and throughout their children’s early years. Providing expectant mothers with personalized care and attention throughout their pregnancies increases the chances that they will stay healthy and thrive long after their children are born. Personal nurses can continue to support families in the program by helping children prepare for school or supporting moms in meeting their goals.
  • Physicians Reach Out – Many people in Mecklenburg County cannot afford the healthcare they desperately need. Through the Physicians Reach Out program, patients with few resources are given access to a local network of doctors, specialists, hospitals, and laboratories. These doctors and clinics provide patients in need with everything from basic primary care and surgical procedures to cancer care and orthopedic treatments.
  • Case Management – Many patients with complex or chronic medical conditions need help managing their appointments and taking care of themselves. Care Ring’s case management specialists help patients stay on top of their appointments and provide various other services, such as referrals to community resources, transportation to appointments, and mental health counseling.
  • Community-Based Care – People in low-income communities often experience higher rates of chronic illnesses. In turn, these conditions exacerbate existing problems in communities and lead to worse health outcomes. Care Ring’s community advocates work with other local organizations to improve the community’s well-being and fight for systemic changes.

What Is Baby Bundles of NC?

Preparing for a new baby often means buying diapers, clothing, baby food, blankets, and more. However, many parents with few resources cannot afford these items, leading to poor health outcomes for children and families. Baby Bundles provides parents in need with a bag of necessities as they leave the hospital with their newborns. The hope is that these necessities will give new parents a strong foundation and a feeling that the community supports them. The contents of each bundle are valued at around $300 and comprise baby clothes, blankets, and other newborn essentials.

Emily Harry, Heather Leavitt, and Cat Long founded Baby Bundles after experiencing the heartache of delivering stillborn children. The three women channeled their grief into helping other mothers in need throughout North Carolina. Working with its community partners, Baby Bundles provides care packages to many families in Charlotte and the surrounding areas.

How You Can Get Involved

Care Ring and Baby Bundles appreciate the support of local community members. Care Ring relies on donations to fund its programs. You can support Care Ring and Baby Bundles through financial donations to further the organizations’ missions. Care Ring also needs more doctors, nurses, and other medical providers who can donate their time to improve community members’ health. If you want to support Care Ring but do not have medical training, you can serve as a volunteer and help with administrative tasks, fundraising, community outreach, research, marketing, and patient support services.

Baby Bundles is always looking for volunteers to package bundles and assist with other tasks. Community members are also welcome to make a “No-Sew Blanket” to be included in a bundle. Baby Bundles also accepts monetary and clothing donations and has a wish list of needed items on Amazon. Finally, Baby Bundles hosts fundraising events throughout the year and always needs more volunteers to help these events run smoothly. Furthermore, there are individual and corporate sponsorship opportunities available at these events.

Stewart Law Offices’ Involvement

At Stewart Law Offices, we firmly believe in the missions of Baby Bundles, Care Ring, and the dozens of other local groups that we support. We are proud to donate our time and financial resources to further the goals of these critical organizations.

We believe everyone plays a part in ensuring that those in our community can live happy, healthy, and productive lives. If you share our commitment to the greater good, we encourage you to get involved in an organization near you. Even small gestures can make a significant impact on someone’s life. For more information on Stewart Law Offices’ charitable programs or legal services or to speak with an experienced personal injury attorney in Rock Hill about your case, call us today or visit our contact page.

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7 Strategies for Returning to a Normal Routine After an Accident

Have you been injured in an accident? If so, you may not know where to start to return to normal life after an accident. Here are seven strategies to follow to help you resume normal life after suffering life-altering injuries.

Give Yourself Time to Heal

First, you should take it easy as you recover from your injuries. Listen to your body and avoid pushing yourself to return to work or resume activities while you are still healing. If you try to resume a normal routine before you’ve recovered, you might delay your recovery or even aggravate your injuries.

Stay Active

While you should always stay within your physical limitations as you heal, keeping active during your recovery can improve the process. Physical activity can provide you with many benefits, including:

  • Promoting healing
  • Reducing stress
  • Improving your mood

Talk to your doctor or physical therapist about activities or exercises you can participate in.

Eat Healthily and Drink Plenty of Water

Maintaining a good diet can also impact your physical and emotional well-being. Healthy eating will provide the nutrients your body needs to heal. Incorporate more fruits, vegetables, and whole grains into your diet. Avoid sugary drinks, alcohol, or processed foods. Staying hydrated during the healing process can also help flush out dead cells and toxins as your body repairs injuries.

Make Time for Relaxation

Stress and anxiety can slow down the healing process, so set aside time to relax, unwind, and center your mind. Make time each day for an activity or hobby you enjoy. When you don’t feel anxious or stressed, you will feel better prepared to deal with the obstacles you may face in your recovery.

Get Enough Sleep

Adequate sleep will also help promote your healing. Most adults need seven or eight hours of restful sleep per night. Tips for getting good sleep include:

  • Avoid caffeine in the evenings.
  • Put computers or cell phones away before bed.
  • Adopt a relaxing routine before bedtime.
  • Follow a regular sleep schedule.

Talk About Your Feelings

You may feel anger, anxiety, or depression over the physical limitations that your injuries impose. Part of the recovery process includes dealing with these feelings. You may find it beneficial to talk to a therapist or others who have gone through the same experience you did. Do not hesitate to ask family and friends for help if you need it. Talking about your feelings and difficulties can help you avoid feeling alone or overwhelmed.

Seek Legal Advice

Finally, you should seek legal counsel from a South Carolina car accident attorney. A lawyer can help you better understand your legal rights after being injured in an accident due to someone else’s negligence. An attorney can investigate and pursue your legal claims for financial recovery while you focus on treating and rehabilitating your injuries so that you can resume your routine.

Contact Our Firm for Legal Support as You Recover from Injuries Suffered in an Accident

Reach out to Stewart Law Offices today for a free, no-obligation consultation with a personal injury attorney from our firm. Let us help you learn more about your options for pursuing financial compensation and justice from those responsible for the harm you have suffered.

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Wednesday, November 9, 2022

Thanksgiving Safety Tips

Thousands of accidents occur yearly on Turkey Day, but luckily, most are entirely preventable. Here, the legal team at Stewart Law Offices offers tips to keep yourself and your family safe this Thanksgiving and throughout the holiday season.

Kitchen Safety

On Thanksgiving Day, the kitchen is where all the action happens. While many people enjoy the hustle and bustle of Turkey Day cooking, it can lead to more accidents in the kitchen. Here are some tips for decreasing the risk of injury in and around the kitchen:

  • Keep surfaces clean and keep the floor clear of obstacles.
  • Do not leave food unattended in the oven or on the stovetop. Do not leave the house while the range or other kitchen appliances are on. According to the National Fire Protection Association (NFPA), unattended cooking is the leading cause of cooking fires and fire deaths.
  • Keep young children out of the kitchen while cooking or preparing food.
  • Wash your hands before and after handling food, especially raw meat.
  • Sanitize all surfaces that come in contact with raw meat.
  • Cook turkey to an internal temperature of 165 degrees. Stick a thermometer in the innermost part of the thigh and the thickest portion of the breast to confirm.
  • Do not leave food out for longer than two hours.

Fire Prevention

According to the NFPA, more house fires occur on Thanksgiving than on any other day. To prevent fires in the kitchen and elsewhere, take the following precautions:

  • Check your smoke detectors to ensure they work before Thanksgiving Day.
  • Keep a fire extinguisher in the kitchen.
  • Do not leave food unattended while cooking. 
  • Set a timer to alert you when to check on food.
  • Keep flammable objects away from the stove, such as oven mitts, food packaging, and towels.
  • If a fire occurs in the oven, turn off the heat and keep the door closed.
  • Never use a turkey fryer indoors.

Holiday Traveling Tips

According to the National Safety Council (NSC), hundreds of traffic fatalities occur annually on Thanksgiving Day. Furthermore, the NSC estimates that at least 50,000 travelers are injured in Thanksgiving Day traffic accidents yearly. Keep your family safe on the road this holiday season by following these tips:

  • Make sure your car is in good working order before holiday travel. Check the oil, tire pressure, and windshield wiper fluid.
  • Make sure everyone in the vehicle has their seatbelts fastened at all times.
  • Plan your route ahead of time and try to avoid rush hours.
  • Check the weather forecast and avoid driving in inclement conditions if possible.
  • Keep extra snacks, water, and a first aid kit in the car.
  • Never text and drive.
  • Do not drive while intoxicated.

For All Personal Injury Cases, Call Stewart Law Offices Today

Taking every precaution will not eliminate all risks. You may still encounter drunk drivers, careless cooks, and unprepared hosts this Thanksgiving holiday. If you are injured in Rock Hill, contact Stewart Law Offices for a free consultation with an experienced personal injury lawyer. 

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Wednesday, October 19, 2022

How To Safely Trick-Or-Treat This Halloween

Boo! As the spookiest time of the year approaches, you may be preparing to watch a few scary movies, carve an epic jack-o’-lantern, and hit up the neighborhood for a pillowcase full of sweet Halloween candy. While you don’t actually need to worry about razor blades, drugs, or poison in your sweets, there’s still plenty to watch out for as you and the kiddos set out trick-or-treating this October. Please read on for some devilishly simple Halloween safety tips from your neighbors at Stewart Law Offices.

Trick-Or-Treating Walking Safety

Make sure everyone in your family understands the following rules for walking safely while trick-or-treating this Halloween:

  • Always cross the street at corners, using signals and crosswalks when possible
  • Always look left, right, and then left again when you cross the street
  • Put your phone and other electronic devices away and stay alert as you cross
  • Make eye contact with drivers and other road users when you cross in front of them
  • Walk on sidewalks where available
  • Walk on the far left side of the road, facing traffic, if there is no sidewalk
  • Keep an eye out for cars that are turning, backing up, or moving unpredictably
  • Never dart out into the street or from in between parked cars
  • For older kids, stick to familiar, well-lit areas when trick-or-treating solo

Halloween Costume Safety

Locating family members, friends, or familiar faces can be difficult in the sea of masks and costumes on Halloween night. Drivers may also have trouble navigating through large crowds of candy-seekers. You can make your trick-or-treating costumes easier to spot from a distance by:

  • Decorating costumes and candy bags with reflective tape or stickers
  • Choosing lighter-colored fabrics for costumes, masks, bags, and shoes
  • Using face paint or makeup rather than covering faces up with masks
  • Handing out glow sticks or flashlights to help kids see and stay visible
  • Checking for fit ahead of time to avoid trips and falls over trailing hems

Driving Safety Tips for Halloween

If you plan on driving to a costume party or another spooky event this Halloween, you can keep yourself and others safe by:

  • Never driving if you have been drinking or using drugs
  • Putting away your phone and other distractions while behind the wheel
  • Slowing down and staying extra cautious in residential areas
  • Avoiding the roads during the prime trick-or-treating hours (5:30 p.m. to 9:30 p.m.)
  • Taking special care around intersections, medians, and curbs
  • Entering and backing out of driveways and side streets carefully
  • Turning headlights on earlier, ideally as soon as it is dusk outside

For All Personal Injury Cases, Call Stewart Law Offices Today

If you or someone close to you gets hurt in a car accident or another incident in Rock Hill this Halloween, reach out to Stewart Law Offices for help. We handle cases across South Carolina and portions of North Carolina, too. Contact our office today to speak to a personal injury lawyer in Rock Hill who can answer your questions and review your case during a free, confidential consultation.

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Thursday, October 13, 2022

Safety Tips During Hurricane Season

Hurricanes are a serious concern if you live in the Carolinas. These destructive storms can wreak havoc across a wide area, destroying and endangering lives wherever they go. The team at Stewart Law Offices wants to make sure everyone in our communities adequately prepares for hurricane season.

When Is Hurricane Season in the Carolinas?

According to the North Carolina State University Climate Office, hurricane season in the Atlantic Ocean runs from about June 1 to Nov. 30 every year, give or take a few weeks. The storm season tends to peak in early to mid-September, but a tropical storm or hurricane can happen anytime around that six-month window. For instance, Tropical Storm Andrea formed off the coast of North Carolina in May 2007, while Tropical Storm Zeta formed in late December of 2005 and lasted into 2006.

Hurricanes are incredibly dangerous, and it is important to take proper precautions as the season approaches. Each year the South Carolina Emergency Management Division puts out a hurricane guide. You can find the 2022 edition.

Tips for Staying Safe

Here are a few hurricane safety guidelines to keep in mind to keep yourself and your family safe through storm season in the Carolinas:

Before the Storm:

  • Pay attention to local weather forecasts to know if a storm is headed your way.
  • Know the difference between storm watches (which are issued 48 hours in advance of an anticipated storm’s landfall) and storm warnings (which are given 36 hours in advance of a storm’s predicted landfall).
  • Make an evacuation plan with your family so everyone knows what to do and where to go if a storm hits.
  • Clean up debris in your yard and bring in large outdoor furniture, which can be thrown by a hurricane’s winds.
  • Know your evacuation zone and your evacuation route. If you live in South Carolina, you can find information on hurricane evacuation zones here and learn about hurricane evacuation routes here.
  • Make a hurricane emergency kit that will last for several days. Some things to add to the kit include food, water, any medications you need, a flashlight with batteries, an emergency radio, basic first-aid materials, and some emergency cash.
  • Charge your cell phone and other critical electronic devices. Keep a spare charger in your emergency kit.

During the Storm:

  • Listen for storm updates and evacuation orders over the radio.
  • Stay inside until the storm has fully passed.
  • Stay away from windows and exterior doors.
  • If your home is in danger of flooding, turn off your circuit breakers.
  • If the power fails, turn off your major appliances to protect them from a sudden surge.
  • If your home begins to flood, move to the highest floor in your home but do not enter your attic, as you may become trapped.
  • If your home is damaged or you receive an evacuation order, proceed to a nearby shelter or other safe place.
  • Do not try to swim or drive through floodwaters because you could drown or otherwise hurt yourself.

After the Storm:

  • Listen for updates from local authorities, particularly for any food or water contamination notices.
  • Do not make any phone calls unless absolutely necessary because the phone system will likely be jammed. Use text messages or social media to talk to friends and family members.
  • Be careful when cleaning your home, especially with electrical hazards and floodwaters.
  • Never use backup generators or grills inside.
  • If your home has suffered water damage, start repairs right away to prevent mold from setting in.
  • Take pictures of all the damage to your home before filing an insurance claim.

Stewart Law Offices Values Community Safety

The team at Stewart Law Offices wants to make sure everyone in our community is safe in the event of a hurricane. If you run into trouble with the insurance company after a storm, contact our office to find out how we may be able to help.

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Tuesday, October 11, 2022

Why Bicycle Helmets Are Important

Wearing a helmet while riding your bike is one of the best ways to protect yourself if you are involved in an accident. Here, the legal team at Stewart Law Offices explains why wearing a bike helmet is so important and provides some bicycle safety tips for cyclists in our community. Contact our office to speak to a bicycle accident lawyer in Rock Hill if someone else’s negligence injured you.

The Importance of Wearing a Helmet

The purpose of wearing a helmet while riding your bike is to protect your head from a severe or traumatic brain injury (TBI) in the event of a crash. According to the Cleveland Clinic, about 800 people die in bicycle accidents in the United States annually, and another 500,000 people are treated in emergency departments for bike-accident injuries. Roughly two-thirds of all fatal bike accidents and one-third of bike accidents resulting in injury involve head and face injuries.

Because you are at risk of a TBI in the event of a bicycle accident, it is imperative to protect yourself by wearing a helmet. Research indicates that wearing a helmet while riding a bike can reduce the risk of head injury by as much as 85 percent. Because injuries to the head can be serious and are often fatal, wearing a helmet could save your life.

Common Bicycle Accident Injuries

In addition to TBI and injuries to the face, other common injuries from bicycle accidents include:

  • Spinal cord injuries (SCI)
  • Injuries to internal organs
  • Broken bones
  • Internal bleeding
  • Soft-tissue injuries, such as sprains, strains, and tears
  • Burns and road rash

Bicycle Safety Tips

Bicyclists are among the most vulnerable road users because they have little to protect them in case of a crash. In addition to wearing a helmet, here are some bicycle safety tips you can follow to decrease your risk of being involved in a collision or facing serious injury:

  • Wear bright, reflective clothing to make yourself more visible to motorists and other road users
  • Keep your bike in good working order
  • Equip your bike with front and rear reflectors
  • Use designated bike lanes on the road when they are available
  • Use proper hand signals to let others on the road know when you are turning or making another maneuver

For All Personal Injury Cases, Call the Stewart Law Offices Today

Were you hurt in an accident while riding your bike in Rock Hill? If so, an experienced bicycle accident attorney in Rock Hill could help you seek compensation for your medical bills, lost wages, repairs to your bike, and more. Contact Stewart Law Offices to learn more about your legal options during a free initial consultation.

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Wednesday, September 28, 2022

Back to School Safety Tips

Now that most families are back from summer vacation, many children have returned to school. This means more traffic on the road and an increased risk of accidents. Keeping kids safe as they travel to and from school is crucial whether they walk, take the bus, or get a ride home from their parents.
Below are some safety tips to ensure your children remain safe during the school year. And, if your child is hurt on their way to or from school, our personal injury attorneys in Rock Hill are here to help.

An Overview of School Safety Tips

Returning to school after a fun summer can be a difficult transition. Most children need time to adjust to a new routine. It is natural to feel a bit overwhelmed by the requirements of a new school year, but there are simple rules kids can follow to stay safe.

Make sure your children understand the importance of following these safety tips:

  • Report suspicious activity to a teacher or administrator they trust.
  • Never leave school grounds with an adult they don’t know.
  • Follow all teachers’ rules in the classroom and on the playground.
  • Listen to bus drivers, school crossing guards, and other adults in charge of their safety.

Safety Tips While Riding the Bus

Your child should stand at least six feet from the curb while waiting for the bus. This protects them from any vehicles passing the bus stop.

When boarding and getting off the bus, your child should walk far enough in front of the bus to stay within the driver’s field of vision, generally about 10 feet. If they walk too closely in front of the bus, the driver might not see them. Your child should be able to see the driver, too. Teach your child to make eye contact with the driver so they know the driver is aware of them.

Safety Tips for Walking Home from School

To walk home from school safely, your child should:

  • Always use the sidewalk. If there isn’t a sidewalk, they should walk facing oncoming traffic and at a safe distance from the road so drivers can see them.
  • Cross streets at crosswalks or intersections and make eye contact with drivers before crossing.
  • Avoid distractions, such as looking down at a cell phone.
  • Be aware of traffic, other pedestrians, bicyclists, and other surroundings.
  • Look both ways before crossing the street.

Driving to School Safety Tips

Sadly, our car accident lawyers in Rock Hill have seen firsthand how dangerous the combination of young children, distractions, and inexperienced drivers can be.

You may need to take extra precautions when driving your kids to and from school, especially in school zones and during rush-hour traffic.

Follow these tips when driving your children to school to stay safe:

  • Be aware of school zones and adjust your speed accordingly.
  • Watch for children walking to or from school and drive slowly to be able to stop for them at crosswalks and intersections.
  • Make eye contact with children attempting to cross the street so they know they can proceed.
  • Never pass a stopped school bus with flashing lights. Stop and wait for the lights to turn off before proceeding.
  • Maintain a safe distance from school buses while driving behind them.

If you or your child was injured in a collision near school, contact a car accident attorney in Rock Hill for help.

Call Stewart Law Offices Today

At Stewart Law Offices, our personal injury lawyers in Rock Hill fight for the rights of those injured by negligence in Rock Hill. We have extensive experience helping adults and children recover fair compensation when someone else’s carelessness causes them harm. Let us fight for you. Contact us for a free case evaluation today.

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Thursday, September 1, 2022

Join Us in Recognizing Child Passenger Safety Week September 18-24

The legal team at Stewart Law Offices invites you to join us as we recognize Child Passenger Safety Week from September 18-24, 2022. We are passionate about giving back to the communities we serve and advocating for children and families throughout South Carolina and North Carolina. Please read on to learn more about Child Passenger Safety Week and what you can do to protect infant and child passengers.

What Is Child Passenger Safety Week?

Child Passenger Safety Week is a national campaign that takes place every September. Organized by the National Highway Traffic Safety Administration (NHTSA), the campaign highlights the importance of protecting our youngest and most vulnerable road users by ensuring that children are properly secured in car seats or seatbelts. The week features car seat safety tips and information for parents and other caregivers.

The week culminates with National Seat Check Saturday, where parents and caregivers can get advice from certified child passenger safety technicians on selecting the right car seat or booster seat for their children. National Seat Check Saturday is recognized in communities across the United States and includes free demonstrations of proper installation and use of car seats and booster seats.

Facts to Know about Child Passenger Safety

Unfortunately, car crashes are a leading cause of death for children in the U.S. According to the NHTSA, more than 600 child passengers died in traffic crashes in one recent year, nearly 40 percent of whom were unrestrained. That same year, approximately two children under 13 were killed and 374 were injured each day while riding in passenger vehicles. 

Here are some tips for keeping child passengers safe:

  • Children under 13 should always ride in the back seat and use booster seats until they outgrow the maximum height and weight limits set by the manufacturer.
  • Infants should always ride in rear-facing infant seats until they outgrow them, at which point they should sit in rear-facing car seats.
  • A child should use a booster seat until they can sit with the vehicle’s seat belt lying across their lap and over their chest and shoulder (not around their neck).
  • About half of all infant seats and booster seats are not correctly installed. Your local police or fire department, local non-profits, or local auto dealerships may have programs where safety technicians can teach you how to install and use an infant seat or booster seat properly.
  • Infant and booster seats should always be replaced after a moderate or severe motor vehicle accident or when the seat has visible signs of damage.

If your child was injured in a car accident, the legal team at Stewart Law Offices can help you pursue compensation and accountability from the at-fault party. We are committed to providing compassionate, thoughtful legal representation to injury victims across South and North Carolina. Let us handle your case so you can focus on moving on with your life. Contact us today for a free consultation with a Carolina personal injury lawyer and find out what our firm can do for you. 

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Tuesday, August 30, 2022

Steps to Take After a Boating or Jet Ski Accident

Boating and jet skiing are popular recreational activities for many people in North and South Carolina. Unfortunately, they are also potentially dangerous. Dozens are killed and hundreds more are injured in boating accidents across both states every year, according to data collected by the U.S. Coast Guard. If you have been injured in a boating accident, you may feel shocked, overwhelmed, and uncertain about what to do next.

Here, Stewart Law Offices discusses the steps you can take after a boating accident to protect your rights and lay a solid foundation to pursue compensation for your injury.

Stop at the Scene and Offer Assistance

Your first priority after any accident, including a boating or jet ski accident, is to get yourself and others to safety. The aftermath of a boating accident can be dangerous due to the risk of drowning and the unpredictability of the water.

If you, any of your passengers, or any occupants of other affected vessels are severely wounded or in danger, do what you can to help them. Call emergency services for anyone in need if possible. You may be able to use the ship radio, your personal cellphone, or emergency flares. If the boat is leaking, try to reach the nearest safe location.

Gather as Much Evidence as Possible

Once you are certain that no one is in imminent danger, you should begin gathering evidence related to the accident, such as:

  • The names and contact details of each boat operator and passenger involved in the boating accident
  • The names and contact details of any witnesses who saw the accident occur
  • The registration or identification number of other vessels involved in the wreck
  • Photos or video footage of any physical damage caused by the accident
  • Photos or video footage of the accident scene and relative positions of each of the vessels involved
  • Insurance policy details from any operators or vessels involved in the crash
  • Your own written recollection of how the boating accident occurred

Report the Accident to the Authorities

You are required to report boating accidents to the U.S. Coast Guard and your state’s Department of Fish & Wildlife or Natural Resources if the accident results in significant property damage, injury, disappearance, or death. Most authorities require most boating accidents to be reported within 10 days, but the deadline may be sooner if the accident results in injury, disappearance, or death.

Notify the Insurance Company

If you own or operate one of the vessels involved in the boating accident, you should also notify your boat insurance company about the accident. Even if you were not at fault for the accident, most insurance companies require you to report all accidents as part of the terms of your policy. If you fail to notify the insurance company, it could impact your ability to seek compensation down the line.

Contact a Boating Accident Lawyer

A knowledgeable boating accident lawyer will know the specific boating laws and regulations in your area. Depending on the circumstances, they can help you by seeking compensation through your own boat insurance policy, another party’s boating insurance policy, or a personal injury lawsuit.

How Stewart Law Offices Can Help

If you were injured in a boating or jet ski accident, the attorneys of Stewart Law Offices can conduct an independent investigation to identify liable parties and uncover valuable evidence. We are prepared to use our considerable resources and knowledge to try to fight for maximum compensation. Contact us today to learn more about how we can help in a free initial consultation session.

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Top 6 Summertime Driving Hazards

Many South Carolinians look forward to summer as a time for fun, relaxation, and family. No one ever sets out on a summer vacation or road trip hoping to be injured. Unfortunately, there are many summertime driving hazards that can quickly turn an enjoyable excursion into a nightmare ordeal. The South Carolina personal injury attorneys at Stewart Law Offices want you to be aware of some of the driving hazards you may face this season.

More Bicyclists and Motorcyclists

Cyclists and motorcycle enthusiasts often take advantage of warm, sunny summer weather. But because these road users have such small profiles, they can be incredibly difficult for drivers to see in traffic. Motorists must take special precautions when driving near cyclists and motorcyclists who have the same rights and responsibilities as other drivers on the road but are at heightened risk of injuries due to their lack of safety protections.

Increased Traffic Congestion

When school is out, many families go on summer vacations and road trips. This means more vehicles on the road, not to mention the presence of out-of-towners who are unfamiliar with local roads and traffic patterns. This consistent increase in traffic congestion in popular areas substantially increases the likelihood of collisions and the possibility of needing the help of an experienced auto accident attorney.

Greater Risk of Tire Blowouts

The summer heat can leave pavement scorching hot. And when car tires come in contact with searing road surfaces, the heat causes the compressed air in those tires to expand. Many tire blowouts occur in the summer months because motorists fail to keep their tires properly inflated and in good condition before traveling.

More Roadway Construction

Roads are damaged by hard winter weather and are then repaired during the summer. More road crews mean changes in traffic flow, lower speed limits, and slow equipment that can leave drivers frustrated or confused. Drivers who are careless or reckless when navigating around barriers, workers, or heavy machinery can cause devastating summertime construction zone accidents.

More Drunk Drivers

Unfortunately, people engage in dangerous behaviors like drunk driving all year round. But with holidays and big events like Independence Day, Labor Day, and school graduations, many people are more inclined to celebrate the summer with alcohol. When warm-weather revelers get behind the wheel after one too many drinks, innocent people are often the ones who pay the price.

More Teen Drivers

Another consequence of summer breaks for students is that teenagers have more time to spend on the road. Teens are also much more likely to commit dangerous driving errors than more mature motorists due to their relative lack of experience. Many teens are also emboldened by their newfound independence, which can lead to risky driving behaviors.

Contact a Personal Injury Lawyer Today

If you have been injured in a summertime car accident, get in touch with a personal injury lawyer in South Carolina. The dedicated and compassionate team at Stewart Law Offices can answer your questions and review your case without cost or obligation.

More Motor Vehicle Collision FAQs

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Wednesday, June 29, 2022

Firework Safety for 4th of July

The United States Consumer Product Safety Commission reports that approximately 15,600 people were treated in hospital emergency departments and 18 people died from fireworks-related incidents in the most recent year for which data is available. Stewart Law Offices does not want you to become part of these statistics. With Independence Day right around the corner, it’s important that you understand firework safety principles to avoid injury.

Firework Safety Tips

Fireworks can be very dangerous if they are not used properly.  Here are some safety tips to keep in mind this 4th of July:

  • Keep a safe distance from the person lighting the fireworks. 
  • Make sure you’re wearing safety glasses to protect your face and eyes when lighting fireworks.
  • Always move to a safe distance immediately after lighting fireworks. Do not linger in the lighting area.
  • When directing fireworks, point them away from homes, and keep them away from brush, leaves, and other flammable substances.
  • Only allow adults to handle fireworks, including sparklers, which burn at temperatures of about 2,000 degrees Fahrenheit.
  • Do not relight or handle malfunctioning fireworks. Soak them with water and dispose of them immediately. A “dud” firework can be very dangerous if mishandled.
  • Do not hover over fireworks while lighting them. Move away quickly after lighting to avoid the risk of a sudden ignition.
  • Never place fireworks in your pockets. The friction of your clothing could set them off.
  • Stay close to a water source in case an unexpected fire breaks out.
  • Fireworks should always be discharged outdoors in a clear area away from buildings and vehicles.
  • Never light fireworks in metal or glass containers.

If you or someone you love has been injured by fireworks, contact the personal injury lawyers at Stewart Law Offices for a free consultation. We will fight to get you the compensation you deserve. We are here to discuss your legal options. Wishing everyone a safe and happy 4th of July!

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Thursday, June 9, 2022

Marcus Spake Recognized as Board Certified Specialist

Spake joins elite group of North Carolina Board Certified Specialists

North Carolina attorney Marcus Spake was recently recognized as a Board Certified Specialist in Workers’ Compensation Law by the North Carolina State Bar. Mr. Spake, the managing attorney of the Stewart Law Offices – Charlotte North Carolina office, concentrates his legal practice in workers’ compensation law. He has represented both injured workers and defendants in these cases, giving him a unique perspective into how this specialized area of the law. Mr. Spake received his Bachelor of Science degree from Appalachian State University and his juris doctor degree from Charlotte School of Law.  

Mr. Spake is also a member of the North Carolina Bar Association – Workers’ Compensation Section, Workers’ Injury Law & Advocacy Group, Mecklenburg County Bar Association, and North Carolina Advocates for Justice. A fluent Spanish speaker, Mr. Spake is also a member of the Hispanic National Bar Association.

Mr. Spake was selected as part of the prestigious E.A. Morris Fellowship for Emerging Leaders through John Locke Foundation, Class of 2019. He was also selected to the Rising Star List for NC by Super Lawyers, 2020-2021.*

The North Carolina State Bar, an agency of the State of North Carolina, certifies lawyers as specialists in designated practice areas as a service to the public. The program assists members of the public in the selection of legal counsel by identifying lawyers who have demonstrated special knowledge, skill, and proficiency in certain areas of law. The program also gives lawyers a credible way of making their expertise known to the public and other lawyers.

To be certified as a board-certified specialist in a practice area, a lawyer must

  • Be an active member in good standing with the North Carolina State Bar for at least five years,
  • Devote at least 25% of their practice to the specialty during the past five years (substantial involvement),
  • Attend continuing legal education (CLE) seminars in the specialty,
  • Be favorably evaluated by other lawyers and judges (peer review), and
  • Pass a written examination in the specialty practice area.

Certification is granted for a period of five years. To maintain certification, a lawyer must again demonstrate that he or she is substantially involved in the practice area, attend CLE seminars in the practice area, and be favorably evaluated by peers. Board certification is an honor that fewer than 4% of North Carolina attorneys have earned.

For more information about the North Carolina Legal Specialization program, and to view a list of board-certified specialists by practice area, please visit the Legal Specialization website at nclawspecialists.gov, or call the State Bar at 919.828.4620.

*For more information on the criteria for selection for Super Lawyers, go to www.superlawyers.com.

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Thursday, May 26, 2022

How To Deal with Road Rage – Facts and Statistics

Road rage is entirely preventable. Yet, it remains a serious threat to motorists on roads in South Carolina and throughout the United States. Unsettling reports of recent road rage incidents suggest that these attacks are becoming increasingly prevalent. Follow these tips from Stewart Law Offices about how to minimize road rage.

Causes of Road Rage 

Traffic incidents sometimes trigger the classic fight-or-flight response, which is a normal, physical reaction to stressful events. When the human brain perceives fear or a threat to survival, it activates people to flee or attack. If another driver does something that jeopardizes our safety, this response can kick in and potentially lead to road rage. Once a person’s stress levels are spiked, even minor driving infractions can turn into a road rage incident. 

Most people realize that road rage is an extreme and irrational response. However, some people have temperaments that are more likely to erupt in anger while in traffic. Other common causes of road rage incidents include:

  • Traffic congestion for a prolonged period
  • Traffic conditions that result in significant delays
  • High stress levels
  • Substance abuse
  • Fatigue
  • Mental health disorders

Examples of Road Rage 

Road rage can take many forms, such as:

  • Intentional tailgating
  • Honking angrily
  • Making obscene gestures
  • Yelling at other motorists
  • Blocking another vehicle from changing lanes
  • Cutting off other drivers
  • Throwing objects at other motorists
  • Sideswiping another vehicle
  • Forcing another driver off the road
  • Getting out of a car to confront the other driver
  • Inflicting violence on another driver

South Carolina Road Rage Statistics

Disturbingly, a 10-year analysis of crash data from The Auto Insurance Center found that South Carolina had the second-highest rate of fatal accidents that could be attributed to road rage in the nation. What is worse, this data is from before the pandemic. 

Analysts strongly believe that road rage incidents have increased during the pandemic because many people are dealing with mental health issues, substance abuse, and economic hardship. In the first year of the pandemic, more than 500 people were shot in more than 700 separate road rage incidents. The monthly average of people wounded or killed by gunfire on the roads was twice what it was the year before the pandemic began.

Tips for Managing Stress While Driving

Driving can be a stressful activity, especially when other drivers are rude or inconsiderate. However, there are ways that you can control your emotions while behind the wheel, including:

  • Give yourself extra travel time so you won’t feel rushed or stressed during the commute
  • Don’t drive while you are upset, irritable, or hung over
  • Make the drive comfortable by setting the temperature where you like and listening to soothing music
  • Don’t mimic bad drivers’ behaviors
  • Give other drivers the benefit of the doubt 

How to Respond If You’ve Been Targeted 

If you notice another driver behaving aggressively towards you, follow these steps to protect you and your passengers:

  • Do not engage with the other driver
  • Do not make eye contact
  • Do not make gestures
  • Give the driver space
  • Do not pull off the road
  • Call 911 

If You’ve Been Injured, Stewart Law Offices Can Help 

If an aggressive driver injured you, the experienced South Carolina car accident lawyers at Stewart Law Offices are here to help. Our car accident attorneys can help you fight for compensation for your medical bills, lost wages, pain and suffering, and more. 

Call us at 1-866-465-7851 or contact us today for a free consultation.

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Friday, May 6, 2022

Personal Injury Claims Involving Pre-Existing Injuries

While most personal injury claims concern new injuries, people are a complex mix of past experiences, genetics, and injuries. Therefore, if they are involved in an accident, they may suffer an injury to a part of the body already affected by a previous injury. Just because a person had an injury before does not mean that the defendant is able to escape all liability. However, it usually means that the case will be more complicated and further warrant the help of an experienced personal injury lawyer

Disclosing Past Injuries

Some personal injury victims are afraid that the insurance company will deny their claim if they reveal a previous injury. However, this tactic can often backfire because the insurance company may be able to obtain your medical records and discover pre-existing injuries. If the insurance company finds an injury you have not disclosed, they may accuse you of withholding information. Therefore, it is usually best to disclose pre-existing injuries that are associated with your new injury. 

Proving a Pre-Existing Injury 

If you have a pre-existing injury, you can generally file a claim to pursue compensation for a new injury to the same part of the body if the accident aggravated your previous injury, made your condition worse, or caused new symptoms. 

Your personal injury lawyer can help you prove your pre-existing injury and that the accident made your injury worse. Your lawyer can help gather evidence of the worsening of your condition, such as:

  • Medical records – Your lawyer can gather medical records that show how the most recent injury contributed to or exacerbated your pre-existing injury. This is why it is critical to discuss your symptoms thoroughly with your doctor and differentiate your symptoms or the seriousness of your pain after the accident.
  • Employment records – Your employment records may indicate that you missed work because of your new injury. If you worked after the initial injury but were unable to return to work in light of the new injury, your lawyer can highlight this significant difference when pursuing fair compensation for your claim.
  • Expert witness testimony – Your lawyer may have to call your doctor or another medical expert as a witness to testify about your injury before and after the latest accident. 

What Is the “Eggshell” Theory?

Under this rule, a person is taken as they are without speculating on what could have happened had the victim not been more susceptible to injury than other potential victims. The term eggshell refers to a potential plaintiff with a skull as thin as an eggshell. If he is injured in an accident, he will probably suffer a more severe head trauma than someone with a normal skull. However, this characteristic does not excuse the defendant from paying for their negligence.

How Stewart Law Offices Can Help

If you were injured in a car accident, slip and fall, or other personal injury incident, a South Carolina personal injury lawyer from Stewart Law Offices can help. We have represented clients for decades, which has given us the skill and resources necessary to fight for your fair compensation. Contact us today to take advantage of a free case review to discuss your legal options.

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Tuesday, April 19, 2022

10 Important Facts to Know About Worker’s Compensation in South Carolina

Workers’ compensation provides partial wage replacement, medical, and other benefits for South Carolina workers injured on the job. However, the workers’ compensation system is not always easy to navigate. Below, our workers’ compensation lawyers discuss ten important facts you should know about workers’ compensation in South Carolina: 

1. Workers’ Compensation Covers Many Types of Injuries

South Carolina workers’ compensation benefits extend to:

  • Injuries caused by workplace accidents
  • Occupational illness caused by your work duties
  • Repetitive stress injuries like carpal tunnel syndrome or back problems
  • Aggravation of pre-existing injuries

2. You Should Report the Injury Immediately

While South Carolina workers’ comp regulations give you 90 days to report a workplace injury, you should not delay doing so. Reporting the injury sooner can get your claim started sooner, too. Also, insurance companies will use any delay in reporting the injury as justification to deny your claim. 

3. You Have Two Years to File a Claim

State law provides you with two years to file a claim. However, reporting the injury sooner can help preserve evidence and get the claim process started sooner. 

4. You Can File a Workers’ Compensation Claim Even if the Accident Was Your Fault

Workers’ compensation is a no-fault insurance system, so you can file a claim even if your own negligence led to the accident. 

5. Your Employer Has the Right to Choose Your Doctor

When you seek medical treatment for your injuries, you must see the provider your employer selects unless you need emergency treatment. 

6. You May Qualify for Partial or Total Disability Benefits

Partial disability benefits are available to workers who can return to work after an injury but their injury limits their work duties, causing their wages to be reduced. Partial disability benefits are equal to two-thirds of the difference between your normal weekly wages and your new wages.

If your work injury prevents you from returning to work for more than seven days, you might qualify for total disability benefits. These benefits are equal to two-thirds of your average weekly wages, subject to the state maximum. 

7. Family Members Can Receive Death Benefits

If a worker dies on the job, their spouse, dependents, or parents can apply for workers’ compensation death benefits. 

8. You Have a Right to a Hearing

If your workers’ compensation claim is denied, you have the right to a hearing before the South Carolina Workers’ Compensation Commission. You must be prepared for this hearing and present the right evidence to the judge assigned to your case. An experienced workers’ comp attorney can help you prepare for your hearing, gather evidence to support your claim, and assist you through the appeals process.

9. Your Claim Will Probably Settle Out of Court

Some workers are hesitant to file a workers’ compensation claim because they don’t want to go to court. Don’t let that deter you. Most workers’ compensation claims settle out of court. A workers’ compensation attorney can handle your claim and may be able to avoid a hearing altogether. If your claim is denied, it can still be resolved through mediation or negotiation. Even if the matter does go to court, it is held before an administrative law judge, so the process is much less formal than going before other types of judges.  

10. You Can Take Steps to Protect Your Claim

There are steps that you can take to protect your claim, including:

  • Seek immediate medical attention after sustaining a workplace injury.
  • Make a written report of your accident and give it to your employer. 
  • Keep all medical records and other evidence related to your case.
  • Follow your doctors’ orders.
  • Work with an experienced workers’ compensation lawyer

If you were injured at work or have questions about the workers’ compensation process, contact Stewart Law Offices today. We provide a free case review to discuss your legal options.

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Thursday, January 27, 2022

Car Accidents on the Job

According to the National Safety Council, transportation accidents are the leading cause of work-related deaths in the U.S., accounting for more than one-third (37 percent) of all work fatalities in a recent year. If you were injured in a car accident at work, you might be wondering whether you are entitled to workers’ compensation benefits or money from another type of injury claim. A workers’ comp lawyer can evaluate the circumstances surrounding your car accident at work and explain your legal options. 

Does Workers’ Comp Cover Car Accidents?

Workers’ comp benefits are only available to eligible employees who sustain injuries in the line of duty. This means your car accident injuries will only be covered by workers’ comp if the accident occurred while you were performing work-related tasks, such as:

  • Making a delivery for work
  • Running a work-related errand
  • Transporting another employee for work-related purposes
  • Traveling to a training class or another required work event
  • Providing transportation to customers, such as with bus or taxi riders
  • Driving to off-site job locations
  • Driving a company vehicle for other job-related purposes

If the accident did not occur while you were engaged in work-related activities, workers’ comp might not apply. For example, your injuries may not be covered by workers’ comp if you were:

  • Driving to get lunch during an unpaid work break
  • Stopping off for a personal errand in the middle of driving for work-related tasks
  • Commuting to or from work during unpaid hours
  • Parking your vehicle in the company parking lot or garage
  • Driving while intoxicated or engaged in criminal activity
  • Breaking any company policies while driving during work hours

Issues related to car accidents while on the job can be complicated. An experienced worker’ comp lawyer can explain if you can file a workers’ compensation claim or seek other monetary relief following a work-related car accident.

What If I Was At Fault for a Work-Related Car Accident?

If you were partially or completely at fault for the accident, you might be wondering whether you’re still covered by workers’ comp. Fortunately, workers’ compensation is a no-fault system. This means any fault you have for the accident will not prevent you from collecting workers’ comp benefits, as long as you were working within the scope of your employment.  

In addition, under the legal doctrine of respondeat superior, your employer is legally and financially responsible for injuries or property damage caused by employees performing work-related duties. Therefore,  your employer or their insurance provider will likely be responsible for the costs of the injuries and losses suffered by others involved in the wreck.

Can Uber and Lyft Drivers Get Workers’ Comp?

Rideshare drivers who work for companies like Uber and Lyft are legally designated as independent contractors. Because rideshare drivers are independent contractors rather than employees, Uber and Lyft are not generally responsible for providing them with workers’ comp coverage for car accident injuries.

Both Uber and Lyft offer supplemental insurance policies that cover certain expenses if their drivers are involved in accidents while actively logged into a ridesharing app, but these policies may be limited. A workers’ comp lawyer can help you seek financial support if you are injured in an accident as a rideshare driver. 

Third-Party Accident Claims and Available Compensation

If your employer provides workers’ compensation coverage, you are typically prohibited from filing a lawsuit against your employer. However, depending on the circumstances, you may have grounds for a third-party insurance claim or lawsuit against other at-fault parties.

With a successful third-party claim, you could be entitled to compensation for the full extent of damages you suffered, including:

  • Medical costs
  • Incidental expenses
  • Vehicle repairs
  • Lost wages
  • Lost earning potential
  • Pain and suffering

Contact a Car Accident Injury Attorney Today

Were you injured in a car accident on the job? Were you in a company vehicle during a car accident? If so, a knowledgeable car accident lawyer can help you determine whether you may be entitled to compensation. Contact Stewart Law Offices today through our online form or call us to learn more about your legal options in a free initial consultation.

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