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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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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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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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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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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