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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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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Winter Work Wisdom: Employer Responsibilities to Make Working in the Winter Safe

Workplace safety is something employers should take seriously throughout the year, but it’s particularly important during the winter. There are additional dangers to workers as colder weather arrives in South Carolina, and employers need to be prepared. If employers don’t take proper precautions, the results can be disastrous for workers and businesses alike. 

Facts About Workplace Accidents

Here are a few facts about workplace accidents that help show how common these injuries are, both in South Carolina and across the United States. Regarding the most recent year for which data is available:

• The federal Bureau of Labor Statistics says more than 44,000 workers in South Carolina, across both the private and public sectors, suffered a work-related injury.
• The Centers for Disease Control and Prevention (CDC) reports that about 2.4 million workers nationwide suffered work-related injuries and had to be treated at hospital emergency departments.
• Falls are one of the most common injuries workers sustain in winter. The CDC notes that about 27 percent of the nonfatal work injuries that caused workers to miss at least one day of work were related to slip-and-fall or trip-and-fall accidents.

Types of Workplace Injuries

Here are a handful of the most common workplace injuries we see at our firm, both in winter and throughout the year:

• Strained, sprained, or pulled muscles
• Head and neck injuries, including whiplash
• Traumatic brain injuries
• Fractured bones and crush injuries
• Contusions and lacerations
• Repetitive stress injuries
• Overexertion injuries
• Burn injuries
• Respiratory injuries
• Environmental and toxic exposure injuries

What Your Employer Needs to Do

There are a handful of things your employer should do each winter to help keep workers as safe as possible, including the following:

• Employers and managers should carefully inspect the workplace to identify and address hazards. They should also conduct regular and periodic inspections to address any new hazards that appear. 
• Employers should ensure sidewalks, parking lots, and exterior walkways are kept clear and dry to prevent fall injuries.
• Workers can track snow or other precipitation into the workplace when they enter a building, so interior walkways should also be regularly inspected and cleaned to make sure they’re clear and dry.
• Employers should teach workers how to properly use fall prevention equipment. 
• The roof of the workplace and nearby trees should also be inspected regularly to make sure no one is in danger from falling snow, ice, and so on.
• Colds, the flu, and certain other illnesses are more common in the winter, so employers should let workers use their sick days to prevent other employees from being exposed to a potential illness.

Injured on the Job? Stewart Law Offices Can Help

Sometimes workers are hurt on the job despite the care and caution they use at work. When this happens, it’s essential to file a workers’ compensation claim as soon as possible so you can get the benefits you need right away.

We strongly recommend you get help from a workers’ comp lawyer to minimize the chances of making a mistake that could hurt your claim. Contact our Stewart Law Offices today for a free initial consultation with a South Carolina personal injury attorney.

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Congratulations to Attorney Stephen Vicari

Attorney Stephen Vicari of the Stewart Law Offices recently helped our Client obtain a $33,805,430.20 judgment after suffering serious injuries in a car crash.  A drunk driver got behind the wheel after a night out drinking and caused a wreck.  The wreck resulted in our Client, the passenger of the drunk driver, sustaining catastrophic and life-altering injuries, including, a traumatic-brain injury, a fractured neck, a fracture of the right femur, and other injuries.

A lawsuit was filed against the drunk driver and both bars who overserved the drunk driver, and a judge awarded a judgment of $33,805,430.20, representing medical bills incurred, future medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.*  Judgments such as this send a clear message: businesses that serve alcohol have a duty to not over serve its patrons.

As a South Carolina native, attorney Stephen Vicari works to protect the members of our community. We are proud to have him representing clients on behalf of Stewart Law Offices. Stewart Law Offices focuses exclusively on helping injured victims in North and South Carolina. For over 25 years our firm has fought to protect the rights of accident victims, recovering millions of dollars in compensation for our deserving clients.*

*Listed results are before deduction of fees and cost. Case results vary. Prior results do not guarantee any future outcomes.

 Attorney Stephen Vicari

10 Calendar Ct. Suite 100

Columbia, SC 29206

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Car Accident Deaths Up to Record Levels

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has just released a concerning report that shows the number of car accident deaths is way up in 2021. Early projections of the traffic fatality rates for the first half of 2021 show the largest six-month increase of traffic fatalities ever recorded in the Fatality Analysis Reporting System’s (FARS) history. The staggering number of fatal car crashes led to the United States Transportation Secretary referring to the number of rising traffic deaths as a “crisis” and urging immediate change and cooperation to alter course. Stewart Law Offices urges you to take notice of this concerning information and try to stay safe while driving.

Results from New Data on Car Accident Death Toll

The NHTSA released the Early Estimate of Motor Vehicle Traffic Fatalities for the First Half (January-June) of 2021 that revealed a startling number of innocent people have lost their lives during the first six months of 2021. According to this report, an estimated 20,160 people died in fatal car crashes in the first half of 2021.

One of the reasons why more traffic deaths may have occurred in the first half of 2021 than in 2020 is that more vehicle miles are being logged in 2021. During the first half of 2020, many businesses and establishments were closed during the COVID-19 crisis. Now that things have largely reopened, people are getting out more. Preliminary data reported by the Federal Highway Administration (FHWA) show that vehicle miles traveled in the first half of 2021 increased by approximately 173 billion miles, representing a 13-percent increase in the number of miles reported for the first half of 2020. With more people on the roads logging more miles, it is important to watch out for careless drivers and to drive defensively.

How This Compares to Previous Years’ Fatality Rates in Car Accidents

20,160 people are believed to have died in traffic accidents during the first six months of 2021, compared to the 17,020 people who tragically lost their lives in traffic accidents in the first half of 2020. This represents 3,140 more deaths or an 18.4-percent increase. Traffic fatalities in the first half of 2021 represent the highest number of traffic fatalities during the first half of the year since 2006 and the highest half-year percentage increase in the history of data recorded by FARS.

Additionally, the second quarter of 2021 compared to 2020 also represents a significant increase in the number of traffic fatalities. For the second quarter in 2021, there are a reported 11,225 fatalities, the highest number of traffic fatalities since 1990 and the highest quarterly percentage change of 23.1 percent in FARS data recorded history.

Possible Reasons for Increased Traffic Fatality Rates

The COVID-19 pandemic has certainly had a major impact on the recent spike in traffic fatalities. The NHTSA reported 38,680 deaths on U.S. roadways in 2020, the highest number of traffic deaths since 2007. And this was despite a 13-percent reduction in the total number of vehicle miles traveled due to widespread lockdowns and more people working from home.

The LA Times released an exposé in which they revealed that after decades of safety gains, the pandemic caused many U.S. drivers to become more reckless, more likely to speed, drink, use drugs, and leave their seat belts unbuckled. Safety experts believe that many drivers have adopted unsafe driving habits that may persist. They also believe that these driving behaviors are a reflection of widespread feelings of isolation, loneliness, and depression.
These statistics show that driving on roadways today can be very dangerous, especially if you encounter aggressive, impaired, or reckless drivers. We urge you to take all necessary safety precautions on the road and to drive defensively. If someone hurts you on the road, we will be there to help.

Need a Car Accident Lawyer? Stewart Law Offices Can Help

With more traffic accidents occurring on our roadways, the time may come when you need a personal injury lawyer’s assistance to help you recover after being injured in a car accident. Stewart Law Offices has car accident lawyers in North and South Carolina who are prepared to help you with your case. If you were injured in a car accident and would like to know more about your legal rights and options, contact Stewart Law Offices for your free consultation.

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How Not Wearing a Seat Belt Can Affect Your Car Accident Claim

We know that seat belts help save lives. According to the Centers for Disease Control and Prevention, seat belts reduce the risk of death by 45 percent among drivers and front-seat passengers.

What many people don’t realize is that, beyond the safety benefits of wearing a seatbelt, safety restraint use can also impact accident claims. For drivers and passengers involved in accidents, the question of whether they were wearing a seatbelt at the time of the collision can have significant repercussions.

If you were not wearing your seatbelt in a crash, you may face challenges recovering compensation, even if the accident wasn’t your fault.

The car accident lawyers in North and South Carolina at Stewart Law Offices want to help you understand how the lack of a seatbelt can affect your car accident claim. You can also contact us to discuss your claim during a free and confidential consultation. 

Repercussions of No Seatbelt in a Car Accident  

First and foremost, one of the most significant repercussions of not wearing a seatbelt at the time of an accident is the severity of a victim’s injuries. The National Highway Traffic Safety Administration reports that of the 22,215 people killed in car accidents in a recent year, 47 percent were not wearing seatbelts. 

Those who survive a serious crash while not wearing a seatbelt tend to suffer much more severe injuries. Occupants who fail to wear a safety restraint can be thrown throughout the vehicle and, in some cases, be ejected from the vehicle entirely. Injuries may include:

• Traumatic brain injuries
• Facial injuries
• Dental injuries
• Paralysis
• Amputations
• Broken bones
• Road rash

Not wearing a seatbelt may also affect whether you can pursue compensation against the at-fault driver and how much compensation you might be able to recover, based on contributory negligence and comparative fault rules.

Contributory Negligence and Comparative Fault in North and South Carolina

“Contributory negligence” and “comparative fault” are terms that dictate how a personal injury claim will be affected if an accident victim acted in a negligent way that contributed to the accident. While they are both tort liability states (accident victims file a claim against the at-fault driver for compensation for their injuries instead of filing a claim with their own insurance company), South Carolina and North Carolina have very different rules for personal injury lawsuits.

North Carolina is one of a handful of remaining contributory negligence states. In a contributory negligence system, if a victim is found to be even slightly to blame for the circumstances of a car accident, they are barred from receiving any compensation. In North Carolina, the contributory negligence rule can make it extremely difficult to recover compensation if a victim was not wearing a seatbelt. Insurers or defendants can argue that the failure to wear a seatbelt contributed to the seriousness of the victim’s injuries and that they should have mitigated the risk by wearing a seatbelt. This could be enough to bar a person from receiving money for their injury-related losses. 

South Carolina follows a modified comparative negligence rule. In modified comparative negligence states, a victim’s share of compensation may be reduced by the percentage of responsibility they bear for causing the accident. This is true as long as the victim’s liability is not greater than that of any of the other parties involved in the collision. Therefore, even if they contributed to the accident, they can still pursue a personal injury claim as long as the other party was more negligent. So, if a victim is 10 percent responsible for causing an accident in South Carolina, the courts can reduce that victim’s share of compensation by 10 percent. If the victim is more than 50 percent responsible, they would not be able to recover compensation.

Because these legal issues are complex, consider contacting a knowledgeable car accident attorney to learn how these rules may affect your claim. 

Contact Stewart Law Offices Today to Learn More 

Not wearing a seatbelt at the time of an accident generally does not automatically exclude you from being able to receive compensation. However, it can make your claim significantly more challenging.

If you have been in an accident and weren’t wearing a seatbelt, contact the legal team at Stewart Law Offices today. We can review your case and help you sort through your legal options. Don’t give up on the compensation you may deserve. Set up a free consultation today.

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Stewart Law Firm Named 2022 U.S. News – Best Lawyers’ “Best Law Firms”

Rock Hill, SC – Stewart Law Offices, a personal injury law firm in Rock Hill, South Carolina, has been named in the 2022 Edition of U.S. News – Best Lawyers’ “Best Law Firms.” The recognition comes on the heels of the law firm’s meritorious service in representing injury victims and helping them navigate the claims process.

The organizers of the annual peer-review survey consider firms that have at least one attorney who has received a high enough peer review to be listed in the current edition. The survey’s overall ranking is also based on a combination of client feedback, the information provided on the Law Firm Survey, the Law Firm Leaders Survey, and Best Lawyers Peer review.

Stewart Law Offices was found to have met all of the criteria to be a participant in the 2022 Edition of the peer-review survey. The attorneys at the law firm represent their clients in all kinds of personal injury cases, including those involving employee accidents and injuries. Their workers’ compensation lawyer stands firm behind injured workers while negotiating in the victim’s best interest. They offer free initial consultations to all injured employees and provide free home and hospital visits for injured workers who have been badly hurt.

Stewart Law Offices, led by Attorney Brent P. Stewart, has won several millions of dollars* in different personal injury cases for their clients. The lead attorney at the law office has over 30 years of legal experience and focuses on providing comprehensive and compassionate services to everyone who walks through his doors. Accident victims, irrespective of the kind of personal injury case they’re in, can rest assured that they’ll enjoy personalized, one-on-one representation that puts them and their interests first.

The personal injury lawyers at the law firm ensure that each accident victim is presented with a chance to better focus on their health and recovery. Accident victims won’t have to worry about upfront legal costs or fees** until their case has been concluded and compensation awarded. Stewart Law Offices handle all kinds of personal injury cases, including car accidents, truck accidents, motorcycle accidents, boating accidents, bicycle accidents, and medical malpractice cases.

When in need of legal representation in nursing home abuse cases, wrongful death cases, pedestrian accidents, dog bites, slip and fall accidents, and other related personal injury cases, contact Stewart Law Offices via phone at 803-328-5600 or visit them at 1242 Ebenezer Rd, Rock Hill, South Carolina 29732 USA. Learn more about their legal practice by visiting their website.

*Case results vary. Prior results do not guarantee any future outcomes.

**Fees computed on gross recovery before deduction of expenses.

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