Snow and Ice Safety Tips

The Carolinas rarely experience severe winter weather, but both states get their share of snow and ice from time to time. Freezing temperatures can make for slippery roads, sidewalks, and other surfaces. That can mean more accidents and potentially serious injuries.

Here are tips from Stewart Law Offices about how to stay safe in wintry conditions:

If You’re Driving…

• Only drive if you must. North Carolina and South Carolina drivers don’t get a lot of opportunities to drive in winter storms, so you’ll probably be a little rusty on how to respond if your car spins out of control.
• Drive slowly. Your tires will have less traction on snow-packed or icy roads. Driving too fast for the conditions is a recipe for disaster.
• Brake early. Vehicles take longer to stop on slippery surfaces. Apply the brakes earlier than normal when you are approaching a red light, stop sign, or other vehicle.
• Keep your distance. AAA recommends a following distance of five to six seconds to account for longer stopping distances.
• Don’t stop if you can help it. It’s much harder to get a car moving when stopped in snow. If you can roll slowly until a light changes to green, it will be much easier to keep the vehicle going predictably.
• Keep a winter weather emergency kit in the car. Prepare for the worst by carrying a blanket, cell phone charger, flashlight, road flares, water, and an emergency medical kit in your vehicle in case of a car accident.

If You’re Walking…

Icy sidewalks and parking lots can make the shortest walk perilous. You can reduce the chance of a slip and fall accident during a winter storm by taking the following steps:

• Wear boots with rubber grip soles to keep from slipping. Sneakers won’t cut it. You need solid traction.
• Avoid distractions. Don’t text or talk on the phone while walking on ice. You can reduce the chance for serious injuries by using your hands to break your fall.
• Take short, slow, and shuffling steps. Curl your toes, bend your knees, and walk as flat-footed as possible to reduce your chances of slipping.
• Pay extra attention when getting in and out of your car, climbing stairs, or entering and leaving buildings. These spots can be especially precarious in slippery conditions, particularly if they have not been treated or cleared yet.
• Give yourself extra time. Plan to leave early on snowy or icy days. Rushing to your destination will distract you from driving and walking carefully.

Get Help From Stewart Law Offices

Stewart Law Offices is a respected personal injury firm with offices in South Carolina and North Carolina. If you’ve been hurt in a car accident, slip and fall, or any sort of incident due to someone else’s carelessness, you could have a claim for compensation.

Call or contact us today for a free consultation with an experienced personal injury lawyer.

Originally published December 2016, updated February 2021.

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Workers’ Compensation vs. Third-Party Claim vs. Employer Lawsuits

Nearly three million workers suffer job-related injuries or illnesses per year, according to data from the Bureau of Labor Statistics (BLS). The most recent statistics also show that fatal workplace injuries are at record highs, with more than 5,300 lives lost in a single year alone.

Fortunately for injured employees and their families, states have laws in place that allow them to seek compensation for the financial losses that stem from on-the-job accidents. The primary ways of accomplishing this task are through workers’ compensation claims, third-party claims, or lawsuits against the employer.

Workers’ Compensation

Most states, including South Carolina and North Carolina, require certain employers to carry workers’ compensation insurance. Qualifying employees who are hurt or diagnosed with an occupational illness can file a claim for workers’ compensation through their employer. If approved, employees can receive coverage for medical expenses, a portion of their lost wages, and disability benefits while they are out of work.

The advantage of workers’ compensation benefits is that they are awarded regardless of fault. Employees do not have to prove that anyone was to blame for their injuries or illness. All they have to prove is that the injury is work-related.

But workers’ compensation also has limitations. In exchange for providing no-fault benefits, employees give up their right to sue their employers for negligence. In addition, workers are not compensated fully for their losses because they only receive a portion of their lost wages and cannot collect damages for pain and suffering.

Third-Party Claim

Sometimes, a worker is injured on the job due to no fault of the employer. That changes the employee’s legal options. If someone else’s negligence — such as an independent contractor, non-employee, or the manufacturer of a defective product — causes an employee’s injury, the worker could be able to file a personal injury claim against the at-fault party.

The upside of a third-party claim is that workers can pursue compensation for the full amount of their losses, including medical expenses, all of their lost wages, pain and suffering, and more.

Lawsuit Against Employer

It’s very difficult to file a personal injury lawsuit against an employer. Again, that’s because employers get immunity from lawsuits by providing no-fault workers’ compensation benefits to their employees.

In rare circumstances, an employee may be able to file a lawsuit against his or her employer. If the employer acted intentionally or exhibited severe negligence, it could be possible for the injured worker to file a personal injury claim against them.

3 Important Steps in Filing a Workers’ Compensation Claim

Contact a Workers’ Compensation Attorney at Stewart Law Offices

Have you been injured in a workplace accident in South Carolina or North Carolina? Get in touch with an experienced workers’ compensation lawyer at Stewart Law Offices today. For more than three decades, our law firm has stood up for the rights of injured workers throughout the Carolinas.

Call or contact us today for a free consultation. We’ll listen to your story, help you apply for and/or appeal a claim for workers’ compensation, and advise on whether you have a third party or employer claim.

We’re standing by to help. Let’s get started now.

Originally published February, 2017. Updated February, 2021

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Important Facts to Know About Workers’ Compensation in S.C.

Being sidelined due to a workplace injury creates financial problems for many South Carolinians. If you were hurt on the job in South Carolina, you may be able to file a workers’ compensation claim. Workers’ compensation benefits cover your medical expenses and a portion of your lost income while you cannot work.

Workers’ compensation benefits can be a vital lifeline to keep individuals afloat while they heal. But it can be difficult to get approved for benefits, and many people do not know what to do if their claim is denied. Get in touch with a South Carolina workers’ compensation lawyer at Stewart Law Offices.

Our accomplished legal team will work to give you the best chance of securing the benefits you need. Call or contact us today for a free consultation. Stewart Law Offices has offices conveniently located in Rock Hill, Spartanburg, Columbia, and Beaufort **.

Important Workers’ Comp Facts in South Carolina

The laws that govern workers’ compensation in South Carolina are very specific. Here are the top five things you need to know if you’ve been hurt or diagnosed with an occupational illness:

• Report the injury immediately. State law gives you 90 days to notify your employer about the accident. However, the best rule of thumb is to tell your employer as soon as possible.
• The insurance company picks your doctor. While workers’ compensation does cover most of your “reasonable” medical expenses, you are required to see the doctor the insurance company chooses. You can request to see a different provider, but you may be denied.
• You may qualify for partial or total disability: If you cannot return to work for more than seven days, you may qualify for total disability benefits. If you can return to work but in a different, less strenuous capacity, partial disability benefits may be available.
• You have the right to a hearing: If your employer or their insurance company denies your claim, you have a right to a hearing in front of the South Carolina Workers’ Compensation Commission.
• Most cases settle out of court: While the experienced attorneys at Stewart Law Offices are prepared to go to trial, it is important to know that most workers’ compensation cases settle out of court. A qualified workers’ compensation lawyer can also help you prepare for any appeals as necessary.

How to Get the Most Out of Your Settlement

Though workers’ compensation benefits should be paid regardless of fault, there are cases in which insurers refuse to pay for certain treatments. To maximize your claim, you should work with a skilled workers’ compensation lawyer.

Here are other tips to protect your claim:

• Seek medical attention immediately for your injuries.
• Meet all workers’ compensation notification and filing deadlines.
• Document your case carefully.
• Attend any independent medical examinations (IMEs) that the insurer requests.
• Go to every doctor’s appointment and follow the treatment plan as prescribed.
• Don’t be afraid to ask for a second opinion.
• Beware of private investigators that the insurer may hire.
• Appeal any denial.

Call Our Workers’ Compensation Lawyers in South Carolina Today

You’re in pain. You can’t work. If you were hurt on the job, you shouldn’t have to stress over whether you’re going to receive a fair workers’ compensation settlement, too.

Let Stewart Law Offices help. Our attorneys have successfully represented employees in South Carolina workers’ compensation claims for more than three decades. We can help you apply for benefits and prepare strong appeals on your behalf.

You don’t have to wait to get the legal help you need. Stewart Law Offices can start on your case immediately. Call or contact us for a free consultation.

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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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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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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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