Stewart Law Offices - Spartanburg

Can I Still Get Workers’ Comp After Being Released to Light Duty?

2020-10-14T20:29:45.723000Z

Recovering from a job injury or illness happens gradually. At some point, your doctor may authorize you to return to work on light duty. This means that you can work, but with certain restrictions.

If you’ve been getting workers’ compensation in South Carolina, a return to light-duty work can have an impact on your ability to continue receiving benefits. An experienced workers’ comp lawyer from Stewart Law Offices can explain what changes to expect as you get back to work.

Learn more by calling or contacting us today for a free consultation.

What Is Light Duty for Workers’ Compensation?

Light duty means that an employee is cleared to return to work, but subject to various conditions or limitations based on the nature of the injury or occupational disease.

When a worker is released to light duty, the employer is given the opportunity to offer the employee his or her former position or another available position that meets the criteria specified by the treating physician.

The employee must accept the work, assuming it is suitable, or forfeit his or her workers’ compensation benefits. Whether or not light duty is suitable varies from case to case.

If the employer cannot offer a worker a role that falls within those restrictions, the employee can continue receiving a weekly workers’ compensation check.

Will I Still Receive Workers’ Comp Benefits After Being Released to Light Duty?

An employee may still be entitled to wage benefits after being released to light duty under one of two circumstances:

The employer has no work available within the employee’s limitations, in which case the employee continues receiving full wage benefits.

The employee returns to work on light duty but makes less than his or her pre-injury wages, either due to a reduction in the number of hours the employee works or due to the lower pay rate of the employee’s new position.

In the second scenario, the employee can continue to receive wage benefits equal to two-thirds of the difference between the employee’s pre-injury average weekly wage and the wages he or she earns on light duty.

Examples of Work Restrictions

Work restrictions after an injury or illness include limitations on:

The number of hours the employee can work per day or week

The amount of weight that can be lifted or moved by the employee

How long the employee is required to walk, stand, or sit

Whether he or she should be required to walk up stairs or other inclined surfaces

The specific availability of meals, rest, and/or bathroom breaks

Call a Proven S.C. Work Injury Lawyer at Stewart Law Offices

If you’re still in pain or believe that your treating physician’s opinion about your ability to perform light duties is incorrect, don’t give up your benefits without a fight. A workers’ comp lawyer at Stewart Law Offices can help you request a hearing before the S.C. Workers’ Compensation Commission to reconsider your situation and whether you can safely and effectively perform your job.

Your health is always the priority at Stewart Law Offices. Schedule a free consultation with one of our skilled attorneys today.

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Celebrating 50 years of Service by the Children’s Attention Home

2020-09-24T15:29:20.200000Z

When it comes to abuse and neglect in South Carolina, children are one of the most vulnerable populations. Fortunately, our state is blessed with an organization that has spent the last 50 years providing loving services to children in need. This month, Stewart Law Offices honors the hard work done at Children’s Attention Home in Rock Hill.

What is Children’s Attention Home?

Since 1970, Children’s Attention Home has cared for abused and neglected children in South Carolina. It serves youth from birth to age 21 who have been placed in custody of the S.C. Department of Social Services, with most children ages 13 and older.

The care that children receive at Children’s Attention Home is comprehensive, focusing on their physical, emotional, and educational wellbeing. In addition to working with social services to make recommendations for each child’s future care and placements, the home prepares youth that are aging out of the foster care system with the necessary skills to be successful on their own.

Children’s Attention Home also expands its reach to assist teenagers outside of the child welfare system between the ages of 17 and 20 who do not have reliable shelter. Programs also help these young adults develop job skills and connect with their local communities.

Thanks to donations, Children’s Attention Home is also able to give kids opportunities to participate in activities that would otherwise be out of reach for them, such as professional sporting events, camping, museum visits, and beach trips.

Stewart Law Offices Joins Sponsors for 50th Anniversary Celebration of Children’s Attention Home

At Stewart Law Offices, our personal injury lawyers are also dedicated to helping South Carolinians in need. Recognizing our similar goals, our law firm is a contributing sponsor of Children’s Attention Home’s 50th Anniversary Celebration. Our greatest hope is that our contributions can continue to make a difference in the lives of South Carolina children and families.

How to Get Involved

You can support Children’s Attention Home through volunteering, donations, and/or sponsorship opportunities. For additional questions, contact Katy Motsinger at kmotsinger@attentionhome.org or call (803) 372-6841.

Stewart Law Offices: Getting You the Compensation You Deserve While Serving Our Community

If you’ve been hurt in an accident in South Carolina, a personal injury attorney at Stewart Law Offices can help. We’ve been faithfully serving injured people throughout the Carolinas for three decades.

Our law firm was founded on the principle of treating clients like family. You are not just an anonymous face to us. We are committed to getting to know you as individuals so that we can represent you effectively and work to achieve your goals for maximum compensation.

With four offices in South Carolina, our injury attorneys are committed to serving communities throughout the state. Schedule a free consultation in one of our Rock Hill, Columbia, Spartanburg, or Beaufort* locations today.

Brent Stewart, Founding Attorney

Principal Office: 1242 Ebenezer Rd., Rock Hill, SC 29732

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2021 “BEST LAWYERS: Ones to Watch”

2020-09-23T14:29:54.108000Z

Stewart Law Offices is pleased to announce that three attorneys from our NC and SC offices were included in the inaugural edition of the Best Lawyers: Ones to Watch.

Sam Bass was recognized for his work in Workers’ Compensation Law – Claimants and Personal Injury Litigation – Plantiffs in South Carolina.

Stephen Vicari was recognized for his work in Workers’ Compensation Law – Claimants and Insurance Law in South Carolina.

Christian Gerencir was recognized for his work in Workers’ Compensation Law – Claimants in North Carolina.

Recognition by Best Lawyers: Ones to Watch is based entirely on peer review and employs the same methodology as Best Lawyers®. Ones to Watch is awarded to attorneys earlier on in their legal career. The lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional work.

Stewart Law Offices has been representing injury victims throughout the Carolinas for over 25 years. Our experienced trial lawyers help accident victims in NC & SC demand maximum compensation for their injuries. For more information about “Best Lawyers: Ones to Watch” and their criteria for selection, visit https://www.bestlawyers.com/

Learn More

Sam Bass

Principal Office: 409 South Pine Street, Spartanburg, SC 29302

864-583-2223

Stephen Vicari

Principal Office: 10 Calendar Court, Suite 100, Columbia, SC 29206

803-743-4200

Christian Gerencir

Principal Office: 5555 77 Center Drive, Suite 240, Charlotte, NC 28217

704-521-5000

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Whose Side Is the Workers’ Comp Doctor?

2020-09-22T21:29:18.974000Z

If you are injured on the job in the Carolinas, you may be entitled to workers’ compensation for your medical expenses, a portion of your lost wages, and disability benefits. Although the workers’ compensation laws in South Carolina and North Carolina are different, they do share one thing in common — injured workers must see a doctor before any claim can be approved.

The doctor’s opinion carries a lot of weight as the insurance company considers whether to approve your workers’ compensation claim. This can create an understandable worry among employees about whether the physician is working in their best interests. Here’s what you need to know.

Whose Side is the Workers’ Comp Doctor On?

The workers’ compensation doctor is working for the insurance company, not for you. But doctors, even those who work for insurance companies, are sworn to practice medicine with integrity, compassion, and concern for the health of their patients. The assumption is that these providers will put your wellbeing over any profits they make from the insurer.

However, it often happens that injured workers do not agree with the workers’ compensation doctor’s findings. You have limited options if you’re unhappy with an opinion, so it’s advisable to speak with an attorney before taking steps on your own.

Can I Hire My Own Doctor for My Workers’ Comp Injury?

In North Carolina, you can only hire your own doctor in rare circumstances. The law is complicated. In general, you will need to pick your doctor from your employer’s list of approved providers. However, you are allowed to seek a second opinion and ask to change doctors. But unless permission is received in writing from your employer, their insurance carrier’s representative, or the N.C. Industrial Commission, payment for your treatment is not guaranteed. Permission will depend on showing “by a preponderance of the evidence” why a change is warranted. An experienced N.C. workers’ comp attorney can step in to help you collect this evidence.

In South Carolina, you can’t choose your doctor after a workplace accident and get medical coverage. In other words, going outside of your employer’s approved network of providers will mean that you will have to pay for the costs out of pocket. These situations can be incredibly stressful, especially if you’re contending with other health problems like pre-existing conditions. Consulting with a S.C. workers’ compensation lawyer can be helpful to figure out your next steps.

What Stewart Law Offices Can Do for Me

If you’re unhappy with the doctor’s decision about your work injury, you need the advice of an experienced workers’ compensation lawyer immediately. Get in touch with the South Carolina and North Carolina attorneys at Stewart Law Offices right away.

Our law firm understands that the stakes are high if an injury or illness puts you out of work. We will represent you aggressively in talks with the insurance company and develop a compelling argument for why you deserve full workers’ compensation benefits. Our attorneys are also accomplished trial lawyers and can represent you in appeals before the S.C. Workers’ Compensation Commission and the N.C. Industrial Commission if necessary.

You can count on Stewart Law Offices to use all of our resources to fight for your rights. Call or contact us today for a free consultation.

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2021 Best Lawyers® – Stephen Suggs

2020-09-10T18:29:13.015000Z

Stewart Law Offices is pleased to announce that attorney Stephen Suggs was selected by his peers for inclusion in the 27th Edition of The Best Lawyers in America© for his work in Workers’ Compensation Law – Claimants. Lawyers on The Best Lawyers in America© list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise. Stewart Law Offices has been representing injury victims throughout the Carolinas for over 25 years. Our experienced trial lawyers help accident victims in NC & SC demand maximum compensation for their injuries. For more information about Best Lawyers® https://www.bestlawyers.com/

Learn More

Stephen Suggs – SC Attorney

Principal Office:

10 Calendar Court, Suite 100, Columbia, SC 29206

803-743-4200

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Top 5 Mistakes to Avoid After a Car Accident

2020-09-10T10:29:32.199000Z

After a car accident, it’s important to take immediate action to protect your legal rights. But if you’re like many people, you don’t know exactly what that means. Even the smallest mistake could jeopardize your ability to collect compensation.

At Stewart Law Offices, we don’t want you to lose out on the money you deserve. Our experienced car accident lawyers have put together a list of the top five mistakes to avoid after being involved in a crash.

Mistake No. 1: Not Contacting Law Enforcement

You should always call the police after a crash, even if no one appears hurt. A police report officially documents that the accident happened. This can be of critical importance if you start showing signs of an injury later. The police report can help establish a timeline that links the accident to any injuries that have a delayed onset, such as whiplash or a concussion.

Mistake No. 2: Not Getting Medical Treatment Right Away

It’s critical to see a doctor even if you feel fine after an auto accident. Injuries that do not manifest symptoms right away can quickly turn deadly, such as internal bleeding. What looks like a simple bruise could indicate damage to vital organs that needs to be stopped surgically. Seeing a doctor immediately ensures that your injuries are detected and do not worsen, but it also generates medical records that will be essential evidence if you need to file a legal claim in the future.

Mistake No. 3: Talking to an Insurance Adjuster Before Consulting an Attorney

No matter how sympathetic they sound, representatives from the insurance company are not on your side. Their job is to save money by making settlement offers that are far lower than what accident victims deserve. It’s OK not to talk to the insurer until you’ve had a chance to speak with an attorney. Check your insurance policy so that you don’t miss the deadline to report the wreck. Then call a trusted car accident lawyer to review your case for you.

Mistake No. 4: Talking About the Crash with Others

Ideally, the only people who should know the details of the accident are you, your lawyer, your doctor. Usually clients have a trusted family member or friend who is also in the loop. However, you should never discuss the accident on social media, with co-workers, or with friends in general. The insurance company will fish for evidence that you are not as injured as you seem. If you claim you suffered from whiplash and someone posts a picture of you dancing on Facebook during your recovery period, that can be used against you.

Mistake No. 5: Accepting the First Settlement Offer

Don’t be shocked if an insurance adjuster offers you a settlement within hours of the crash, perhaps even while you’re still in the hospital. It’s an attempt to get you to accept money before you can possibly understand the impact of your injuries. Remember, you can only settle once. You can’t go back for more compensation once a claim is resolved.

Contact a Car Accident Lawyer in North & South Carolina Today

For 30 years, Stewart Law Offices has been successfully representing injured people throughout North Carolina and South Carolina. If you were hurt in a wreck, get experience and compassion on your side. Call Stewart Law Offices now.

Originally published January, 2017. Refreshed September, 2020.

More Traffic Collision FAQs

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Sponsor of 23rd Annual Golf Outing for Kids’ Chance

2020-08-11T13:29:12.350000Z

Columbia, SC – Kids’ Chance of South Carolina is pleased to announce Stewart Law Offices as the presenting sponsor of the 23rd Annual Dennis Brewer Memorial Golf Tournament, to be held on September 18, 2020.

Stewart founding partner, Brent Stewart states, “When a parent is suddenly unable to work after a job accident, the stability of the entire family is put in jeopardy. Our law firm and Kids’ Chance of South Carolina share a similar mission in helping these deserving families find the financial means necessary to secure a better future.”

This annual golf tournament raises funds for scholarships that are awarded to children who have a parent that has been seriously injured or killed in a work-related accident in South Carolina. Contributions to the golf tournament directly benefit deserving students who need financial assistance to pursue and reach their educational goals.

Established in 1993, Kids’ Chance of South Carolina secures funding for scholarships to help students with their educational expenses. Events such as the Dennis Brewer Memorial Golf Tournament and corporate partnerships net more than $100,000 annually for scholarships. Kids’ Chance of South Carolina has given hundreds of deserving students the opportunity to achieve their academic dreams through the scholarship program, awarding approximately $1.1 million to 500 students.

About Stewart Law Offices

For 25 years, Stewart has played an active role in a number of charities throughout South Carolina and North Carolina. Through the generosity and tireless efforts of Stewart Law Offices employees, families and friends, philanthropy has become more than an initiative — it is a way of life. Stewart Law Offices has offices located in Columbia, Spartanburg, Rock Hill, Beaufort and Charlotte. The principal office is 1242 Ebenezer Rd., Rock Hill, SC 29732. To learn more about Stewart Law Offices, visit https://www.stewartlawoffices.net.

About Kids’ Chance of South Carolina, Inc.

Kids’ Chance of South Carolina, Inc. is a private, nonprofit 501(c)3 South Carolina corporation. It is governed by a volunteer board of directors, composed of business and community leaders. Its board meets quarterly and lends it expertise to the operations of the organization and offering support to its Executive Director.

Students between the ages of 16-25 who have a parent or legal guardian that has been killed or seriously injured in a work-related accident in South Carolina is eligible to apply for a scholarship. Kids’ Chance of South Carolina takes great pride in the many ways they’ve helped students achieve their academic goals over the past 28 years.

To learn more about Kids’ Chance of South Carolina, visit: the MCC Foundation, visit http://www.kidschancesc.org.

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Beware: Car Insurance Companies Are Not Your Friend

2020-08-10T19:29:17.310000Z

If you’ve been hurt in car accident, it’s guaranteed that you’ll be dealing with insurance companies — both your own, and the insurer for the at-fault driver(s). Insurance companies are the gateway to compensation after a crash. But no matter how sympathetic the claims adjuster sounds, proceed with caution. The insurance company is not your friend.

What to Do When the Insurance Company Comes Calling

Insurance companies act quickly when an accident report comes in. It’s not unusual for crash victims to receive calls from a representative within hours of the collision — sometimes when they’re still lying in their hospital beds. There’s a reason for this “timely” service. The quicker the insurance company can get you to agree to a settlement, the less money you’re likely to receive.

When the insurance company comes calling, don’t talk to them about your injuries or agree to make a recorded statement about the crash. Instead, inform them that you will be speaking with an attorney and that any future communication should be directed to your lawyer.

You also shouldn’t agree to sign any medical release forms or other documents until you’ve spoken to a car accident lawyer. The more information the insurer can get about you, the more ammunition they have to use against you to avoid paying out your claim.

If the Insurance Company Offers You a Settlement…

There’s a reason why insurance companies are swift to make a settlement offer. They want to get your claim closed before you have a chance to figure out the true extent of your losses.

It’s not always possible to understand the severity of a car accident injury right away. Some serious injuries, such as concussions, may not be diagnosed until days after the wreck. In addition, doctors may not be able to predict whether an accident victim will make a full recovery within hours of the crash. If you accept a settlement offer before understanding what the long-term effects of the car accident will be, you could end up with far less money than you will actually need in the future.

You may be told the offer is the best you’ll get. They may say that a lawyer is unnecessary. They may even tell you that the settlement is their “final” offer. Don’t fall for it. Get a car accident attorney by your side right away. Settlements are negotiable, and the first offer is rarely a fair one.

Need a Friend? Contact a S.C. Car Accident Lawyer at Stewart Law Offices

At Stewart Law Offices, we see clients as family, and we’ll protect you as one of our own. If you’ve been injured in a car accident in South Carolina, our tough team of trial lawyers won’t let the insurance companies take advantage of you during such a vulnerable time. We’ll even visit you at your home or hospital as you recover.

Ready to get started? Contact us today for a free consultation.

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Why You Need a Workers’ Compensation Lawyer in South Carolina [Updated August 2020]

2020-08-03T10:29:22.114000Z

People need their jobs to survive. But if they get hurt or sick at work, their financial security can quickly be put in danger. South Carolina workers’ compensation laws try to lessen the burden by providing monetary benefits to qualifying employees while they recover.

Workers’ compensation provides payment for medical care, a portion of an employee’s lost wages, and other benefits if they are hurt in a workplace accident or diagnosed with an occupational disease. These benefits are available regardless of fault, meaning that a worker doesn’t need to prove that his/her employer was negligent in order to receive benefits.

The majority of workers in South Carolina are entitled to workers’ compensation. Yet many employees with valid claims are not offered a fair amount of benefits, and others are denied completely. That’s when a tough workers’ compensation lawyer can step in.

What a Workers’ Compensation Lawyer Can Do for You

Filing for workers’ compensation is a time-sensitive, detailed process. There are notification deadlines that must be met in order to pursue a benefits claim. Though employers are supposed to be transparent about all of the procedures, many workers are left confused about what they are supposed to do, and when. A workers’ compensation lawyer can guide you through the entire process of seeking benefits.

If you haven’t filed for workers’ compensation yet, an attorney can prepare the necessary forms, gather the medical documentation you need to support your claim, and make sure that everything is filed on time.

If you’ve already been denied, an attorney can identify where the claim got hung up and get started on appealing the case for you.

In addition, an experienced workers’ compensation lawyer can determine whether anyone else can be held liable for your injury or illness. Though S.C. law prohibits you from suing your employer, you may be entitled to additional compensation through a third-party lawsuit.

Example: You’re a delivery driver. On your way to drop off a package one day, another motorist blew through a stop sign and hit you. You suffered a head injury and a broken arm. You could file a third-party personal injury claim against the at-fault driver that is separate from your workers’ comp claim.

The advantage of a third-party claim is that you could end up collecting more money. That’s because workers’ comp only pays for medical costs and lost wages. A third-party claim could also enable you to recover compensation for pain and suffering, lost quality of life, and other noneconomic damages.

Our S.C. Job Injury Attorneys Can Help After a Workplace Accident

If you were injured at work or are suffering from a job-related illness in South Carolina, obtaining full and fair workers’ compensation benefits can help you get the medical treatment and wage support you need to stay financially afloat. At Stewart Law Offices, our workers’ compensation lawyers will strive to obtain maximum benefits for you.

Our hardworking attorneys have years of experience representing South Carolinians just like you. We can sit down with you and discuss your legal options in a free consultation. To learn more about how we can help, call or contact us now.

Originally published March 26, 2014, updated August 3, 2020.

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How Social Media Can Sink Your Personal Injury Claim [Updated July 2020]

2020-07-15T20:29:06.357000Z

Social media is a popular way for people to share photos, videos and messages about what’s going on in their lives. But if you’ve been hurt in an accident, beware — insurance investigators may have their eyes on you.

A staggering 3.8 billion people use social media globally, according to a 2020 analysis of the digital universe by Hootsuite. That’s nearly half of the world’s population. Given those numbers, it’s no surprise that insurance adjusters look to accident victims’ social media account(s) for evidence to justify denying or reducing their personal injury claims.

Obtaining compensation in an injury claim requires proof — and social media is a quick and easy place for investigators to start combing for evidence. Let’s say you were hurt in a car accident and suffered whiplash and back injuries. If you or a friend posts a Facebook video of you dancing at a nightclub while you’re supposed to be recovering, the insurance company can use that footage against you to argue that you’re not as hurt as you claim to be.

You’re not safe with private messaging platforms like WhatsApp, either. Just as courts can ask you to turn over your cell phone records and emails as evidence, any accident-related messages that you trade over social media may be admissible, too.

To put it simply — nothing you post on social media ever truly disappears. You could un-tag yourself from the friend’s video of you dancing so that it doesn’t appear on your Facebook profile, but an investigator could still find it and authenticate that it’s you.

Protect Your Legal Claim by Taking a Social Media Break

After an accident, the ideal thing to do is to stay off social media entirely. But if you don’t want to take a social media vacation, then there are ways to keep using it without damaging your claim for compensation.

Limit what you post: Don’t talk about the accident on Facebook, Twitter, or any other platform that you use. Avoid posting photographs, even if they seem harmless to you. Restrict your social media use to scrolling through others’ posts or sharing news articles. Don’t “check-in” at restaurants or other spots when you’re supposed to be in bed.

Ask your family and friends not to post anything about you on social media: Tell them that you have an injury claim pending and that sharing anything could damage your case. It could also result in a friend or relative being asked to be a witness against you.

Adjust your privacy settings: Change your account to the highest privacy setting possible.

Review your list of “friends:” If you’re in the habit of accepting friend requests from pretty much anyone, stop now. Check your list. If you don’t recognize a name, delete it. It could be an adjuster wanting access to your account.

Don’t remove anything: It’s not a good idea to remove something that you’ve already posted to social media. The insurance company could argue that you were destroying evidence.

Reach Out to an Experienced SC and NC Personal Injury Lawyer

At Stewart Law Offices, our attorneys work hard to obtain maximum compensation for clients injured in accidents throughout the Carolinas. Monitoring your social media usage is just one way that insurance companies try to get out of paying you a fair settlement. Let us help you fight for the best possible results in your case.

Call or contact us today for a free consultation.

Originally published December 16th, 2016, updated July 15th, 2020.

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Amazon Sued for Not Following COVID-19 Prevention Protocols

2020-07-08T16:29:24.787000Z

With coronavirus cases continuing to surge in many parts of the country, employers are expected to adhere to strict health guidelines in order to keep their employees safe. But a new lawsuit from Amazon employees claims that the corporate giant has not followed Centers for Disease Control and Prevention protocols, according to a CNBC report.

In the lawsuit, workers in a New York facility claim that Amazon is engaging in sloppy “contact tracing” procedures in its Staten Island warehouse. Contact tracing is a protocol in which employers try to track down everyone who an infected employee has come in contact with to inform them of their potential exposure to the virus so they can be quarantined.

Contact tracing has been happening in South Carolina since March. In fact, the Palmetto State’s contact tracing model was praised by infectious disease expert Dr. Anthony Fauci before the U.S. Senate. But the number of coronavirus cases in South Carolina continues to rise. As the state reopens, it’s critical for employers to be vigilant in tracking down workers who were exposed to others with COVID-19 at work.

If you were diagnosed with the coronavirus after exposure at work, you could be entitled to workers’ compensation in South Carolina. However, legal questions about how workers’ comp and COVID-19 claims will be handled are still evolving. The best way to find out whether you could have a valid claim is by scheduling a free consultation with a knowledgeable South Carolina workers’ compensation lawyer at Stewart Law Offices.

Call or contact us today for a free consultation.

South Carolina Workers’ Comp and the Coronavirus

For workers who were deemed essential during the pandemic, the risk of contracting the coronavirus is very real. Understandably, employees want to know if workers’ compensation will cover their medical bills and missed wages while they quarantine and/or recover from the illness.

Most South Carolina workers are eligible for workers’ compensation benefits. The key to obtaining benefits is proving that they were exposed to the illness while they were performing duties within the scope of their employment. With a contagious disease such as COVID-19, proving work-related exposure may be a challenge. That’s because an employee will have to establish that he or she more likely than not contracted the illness at work and not anywhere else that they have been, such as the grocery store, gas station, or bank.

Although it’s not clear how South Carolina will come down on the issue of workers’ comp and COVID-19, it’s a smart idea to start talking to a lawyer now if you believe you might have a claim.

Reach out to Stewart Law Offices today. Our experienced team of South Carolina workers’ compensation lawyers can listen to your story, evaluate the facts, and determine your legal options.

For a free consultation, call or contact us today.

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Expensive Cars are Less Likely to Yield to Pedestrians

2020-06-17T15:29:30.613000Z

A study recently published in the Journal of Transport & Health found that people who drive expensive vehicles are less likely to stop and yield to pedestrians, even when they are in crosswalks.

Noticing the disturbing uptick in pedestrian accidents over the past decade, researchers decided to investigate what demographic factors appeared to contribute to these types of accidents. In South Carolina, one pedestrian is killed in a traffic collision every two days, according to the S.C. Department of Highway Safety.

The study also found that drivers were more likely to yield to women than men and whites compared to minorities.

Have you been hurt in a pedestrian accident in South Carolina? You may be entitled to compensation to help with your medical costs and other losses if someone else is responsible for the accident. Call or contact an experienced pedestrian accident attorney at Stewart Law Offices today.

South Carolina Pedestrian Laws

Many of us have heard the expression that “pedestrians always have the right of way.” But is this true? The fact is that both pedestrians and motorists have certain rights and responsibilities in South Carolina.

The law says that “Notwithstanding other provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.” Simply put, that means a driver must do everything in his or her power to avoid striking another person.

Similarly, pedestrians have a duty to take all possible steps to avoid a collision. Pedestrians must:

Comply with all traffic control signals and traffic regulations

Only cross the street in a designated crosswalk

Remain in a safe place when a vehicle is approaching and is close enough to create a risk

Use the right half of a crosswalk

Yield to vehicles if they are crossing the street anywhere but a crosswalk

Never cross a road diagonally, unless traffic signals indicate that they should do so

Never walk on a roadway when a sidewalk is available

Never walk on a highway, unless necessary

Walk on the left side of the road if forced to walk on a highway and yield right-of-way to all vehicles

Never walk on a sidewalk or roadway when incapacitated

South Carolina also provides pedestrians certain with rights. These include the right to:

Cross the road, or finish crossing the road, when approaching an intersection if traffic control signals are not in place

Be protected from all vehicles approaching an intersection

Be safe from vehicles when walking on a sidewalk

Cross the street at any point when using a raised cane, a walking stick that is white with a red tip, or a guide dog

When either pedestrians or drivers violate these laws, they can be held liable for their actions through a South Carolina personal injury claim.

Arrange a Free Consultation with a South Carolina Pedestrian Accident Lawyer

Pedestrian accidents can lead to catastrophic injuries. If you were hurt while walking in South Carolina, a skilled pedestrian accident attorney from Stewart Law Office can determine if you have a case and fight for the compensation you deserve. Contact us online to schedule a free case review today.

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Americans Spend Nearly 100 Hours Stuck in Traffic Each Year

2020-06-17T14:29:30.912000Z

Americans spend a lot of time on the roads, much of it slowed or stopped in the congestion of the morning and evening commutes. Aside from being a frustrating experience, increased traffic congestion means a greater likelihood of serious car accidents. A recent report by INRIX, Inc. shows that the average American spends around 100 hours on the road each year.

Major metropolitan areas like Boston, Chicago, and Philadelphia topped the list for most hours lost to traffic jams. But that doesn’t leave South Carolina in the clear. Although the roads may not be as congested as other cities, the southeast was the only region to see an increase in traffic deaths between 2018 and 2019, according to data from the National Highway Traffic Safety Administration (NHTSA). There was a two percent increase in traffic deaths in the region, which includes South Carolina, during that time period.

Individuals who have been hurt in a vehicle crash in South Carolina could be entitled to seek compensation for their medical expenses, lost income, pain and suffering, and other damages through a personal injury claim. The best way to find out whether you have a case is by talking with a knowledgeable South Carolina car accident attorney.

Reach out to Stewart Law Offices today. With five offices throughout the Carolinas, our tough legal team will listen to your story, outline your legal options, and represent you aggressively before the insurance companies. We are committed to obtaining the best possible results for you and your family, whether it’s at the settlement table or during trial.

Ready to learn more? Call or contact us for a free consultation today.

South Carolina Traffic Statistics

The statistics about car accidents in South Carolina are certainly disturbing. Consider the most recent figures from the S.C. Department of Public Safety:

There is one accident every 3.7 minutes in the Palmetto State.

Someone dies in a collision every 9 hours.

Every 9 minutes, someone is injured in an auto accident.

A drunk driving accident occurs every 28 minutes.

By far, speeding and failing to yield the right of way accounts for the majority of crashes in South Carolina.

Given these numbers, it comes as no surprise that South Carolina has consistently ranked near the top of the list for having some of the nation’s worst drivers in several surveys.

Injured in a Wreck? Contact an Experienced SC Car Accident Lawyer Now

If you or a loved one was injured or killed in a crash caused by someone else, get Stewart Law Offices on your side. Our experienced South Carolina car accident attorneys will demand maximum compensation for your injuries and losses.

Stewart Law Offices takes a personalized approach to every case. You’ll never feel alone with us working on your case. To find out more about how we can help, call or contact us today for a free, no-obligation consultation.

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How to Avoid Tractor Trailer Accidents [Updated June 2020]

2020-06-11T13:29:26.520000Z

Sharing the road with a tractor-trailer is a nerve-wracking experience for many drivers — and for good reason. A tractor-trailer can weigh up to 80,000 pounds, at least 30 times more than the average car. When crashes happen, the outlook for motorists in the smaller car is bleak. In fact, the vast majority of those injured and killed in U.S. truck accidents are the occupants of the other vehicle, not the tractor-trailer drivers.

The Federal Motor Carrier Safety Administration (FMCSA) reports that there were 4,237 fatal tractor-trailer accidents nationwide last year. There were 102,000 injury crashes. These figures are the highest they’ve been in a decade. For that reason, it’s never been more important to learn how to avoid tractor-trailer wrecks.

Tips for Avoiding Truck Accidents

Here’s what you need to know:

Stay out of the “No Zone”

There are several areas the drivers need to avoid when traveling alongside a commercial truck. These spots are called the “No Zone” and include:

Its blind spots: Two of the blind spots are on the side of the truck, just like a regular driver’s. The difference is that the truck’s blind spots are bigger, especially on the right side.

Directly behind the truck: Tractor-trailers have no rearview mirrors. That means that operators have no way of spotting motorists who are driving directly behind them, especially if they are following too closely. This increases the chances of deadly underride accidents if the truck has to brake suddenly.

Straight in front of the tractor-trailer: According to FMCSA, the operator of a fully-loaded truck driving in good conditions will need a distance the length of two football fields to stop. Driving directly in front of the truck puts motorists at risk of serious override accidents if they need to hit the brakes in an emergency.

Don’t Make Sudden Lane Changes

Due to a tractor-trailer’s sizeable blind spots, you need to drive predictably. Don’t weave in and out of traffic. When making lane changes, be sure to use your turn signal and wait a few seconds to give the trucker enough time to see you.

In addition, you should allow extra space between your car and the tractor-trailer. Where the two-second rule might be enough time to respond to an unexpected circumstance involving another car, it’s a good idea to allow five to eight seconds between your vehicle and a tractor-trailer.

Remember That Trucks Have a Wider Turning Radius

It’s not easy for trucks to make tight turns, especially on city streets. In some cases, the trucker may need to swing out wide in order to make the turn without striking another vehicle or riding on the sidewalk, putting both drivers and pedestrians at risk. Do your part to avoid a crash by not trying to zoom past a turning truck. Give the driver time to negotiate the turn carefully to keep everyone safe.

Injured in a Tractor-Trailer Accident?

Most truck drivers are responsible and do their best to avoid crashes. But sometimes, carelessness — either on the part of the trucker, truck driver, cargo loader, or another party — can lead to tractor-trailer accidents in South Carolina and North Carolina. If you were injured in a truck accident, it’s important to get advice from a skilled truck accident attorney.

Talk to Stewart Law Offices today. Our hardworking lawyers have years of experience representing people who have been harmed or lost a family member in truck accidents in the Carolinas. If you’ve been hurt, you can count on our law firm to push for full and fair compensation for your losses.

Call or contact us today for a free consultation.

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Distracted Driving — Still a Killer Across the United States [Updated June 2020]

2020-06-10T18:29:08.182000Z

For years, there has been a concerted effort nationwide to curb distracted driving. But despite aggressive campaigns to deter motorists, about 1 in 4 crashes in the U.S. is caused a distracted driver. More than eight people in the U.S. are killed in distracted driving accidents every day, according to the South Carolina Department of Insurance.

The advent of cell phones has been a blessing and a curse. It’s a convenience and even a safety tool if a breakdown or car accident occurs. However, safe driving requires your full attention. Texting, reading emails, and talking to others on the phone can turn deadly in an instant.

Unfortunately, many individuals share the mistaken belief that they can focus on the road and their phones simultaneously. Not so. As the National Safety Council (NSC) puts it, “multitasking is a myth.”

Why? Studies show the human brain cannot manage several activities at once. Instead, it simply switches focus from one activity to another in quick succession. In other words, your full concentration is not on the road if you’re using your cell phone while driving.

Another sad reality is that distracted driving accidents are likely underreported. Unless a driver admits to it or a witness observed it, law enforcement may have a hard time determining if it is a contributing factor in a wreck. However, if you pursue a personal injury claim against the at-fault driver, an attorney can subpoena cell phone records to provide evidence of distraction at the time of the wreck.

Were you injured in a distracted driving crash in South Carolina or North Carolina? Find out whether you have a case by contacting an experienced distracted driving lawyer at Stewart Law Offices. Call or contact us for a free consultation today.

What is Distracted Driving?

Distracted driving is any activity that takes a driver’s attention off the road. It can come in many forms. Beyond cell phone use, eating, drinking, grooming, talking to passengers, attending to children in the backseat, and adjusting the radio or GPS are all examples of distracted driving.

Distracted driving is a threat because it diverts attention in three ways:

Visual: Texting, reading an email, or typing in a phone number can take the driver’s eyes off the road for at least five seconds. When driving at 55 miles per hour, that’s enough time to cover the length of a football field.

Manual: Anything that takes a driver’s hands off the steering wheel is a manual distraction.

Cognitive: Formulating a response to a text requires brainpower. A study from the NSC says that drivers have a tendency to “look but not see” when their brains are occupied elsewhere. Researchers found that drivers missed about 50 percent of information about their driving environment when talking on a cell phone, regardless of whether the device was handheld or hands-free.

Hurt by a Distracted Driver? Get Help Now

If you or a loved one was harmed in a distracted driving accident, you shouldn’t have to pay for medical bills and other financial burdens resulting from the wreck. Compensation is possible, and you should pursue it with the help of a tough and proven distracted driving lawyer.

Let Stewart Law Offices help. Our legal team has represented clients in South Carolina and North Carolina for 30 years. We have the knowledge, experience, and resources to handle complex cases like distracted driving crashes.

Call us or reach out to us online today for a free case review.

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Top 6 Summertime Driving Hazards [Updated June 2020]

2020-06-10T18:29:06.698000Z

Summer vacation season is upon us. While this has been a difficult year for everyone due to COVID-19 restrictions, it’s expected that many people will hitting the roads for vacation as more states reopen. For that reason, the personal injury attorneys at Stewart Law Offices want to post some reminders about driving safety hazards that often pop up in the summer months.

More Bicyclists and Motorcycles

The warm weather encourages many people to abandon their cars and take to the roads on bicycles and motorcycles. It’s important to remember that bikes and motorcycles are less visible on the roads. Drivers need to be especially careful when checking their blind spots. Similarly, bicyclists need to remember to stay in bike lanes when available and motorcyclists must be sure to drive predictably. The law states that cyclists and bikers have the same rights as drivers on the road. If someone acts negligently and causes a crash that injures someone else, he or she can be held accountable through a personal injury claim.

Extra Traffic

South Carolina and North Carolina roads have been quieter during the pandemic, but expect for traffic to build again as families embark on road trips. Beware of speeding and erratic drivers. Remember to keep your own driving in check by obeying posted speed limits, putting away the cell phone, and staying aware of your surroundings.

Tire Blowouts

Pavement gets hot in summer. The heat causes the air in tires to expand, and the friction of the moving tire on the roadway only increases the temperature more. Make sure to check your tires for wear and tear before hitting the road. Balding tires are more prone to blowouts, which endangers everyone.

More Construction Zones

Construction picks up in summer to repair roads damaged by poor winter weather. That means you’ll see more work zones in your area, along with the equipment that goes along with them. Construction workers will be on the road’s edge, sometimes crouched in holes that will make them difficult to see. You may need to navigate around narrowed roads, concrete barriers, cones, and heavy machinery at the same time, so it’s important to slow down and stay watchful.

Drunk Drivers

Intoxicated drivers are around at any time of the year, but summer sees holidays like the Fourth of July and Labor Day where people are more inclined to drink heavily. Backyard barbecues and the beach are also places where people tend to drink more frequently. If you’re planning on drinking, make sure to have a designated driver or rideshare lined up so that you can get home safely and protect others.

Teen Drivers

With school out for summer, it’s likely that teenagers will be on the roads more frequently. Teens are more likely to be injured and killed in car accidents compared to any other age group. That’s mostly due to their inexperience behind the wheel, but studies also show that their newfound independence gives teens a sense of invincibility that makes them more likely to engage in risky behaviors.

Hurt in a Summertime Car Wreck? Talk to an Auto Accident Lawyer Now

If you’ve been in a crash in the Carolinas, it’s wise to speak with an experienced car accident attorney to learn your legal options. You may be entitled to compensation to help cover the costs of medical bills, lost income, pain and suffering, and other losses.

Stewart Law Offices is available to help you 24/7. Call or contact us today for a free consultation.

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Talcum Powder Ovarian Cancer Lawsuits

2020-05-29T17:29:19.538000Z

Talcum powder is a product made from talc, a mineral comprised of magnesium, silicone, and oxygen. More commonly known as baby powder, it has been sold worldwide for decades. But while talcum powder has been popular for its drying properties and ability to prevent rashes, it has also been linked to ovarian cancer.

Nearly 20,000 lawsuits have been filed against Johnson & Johnson (J&J), alleging that its talcum powder products caused cancer in women. Talc is obtained from mines, some of which also contain asbestos, a known carcinogen.

Although J&J strongly denies the allegations that its baby powder is unsafe, it pulled its talc-based powders from the North American market in May, citing a decreased demand.

Were you diagnosed with ovarian cancer after years of using talcum powder? If so, you could be entitled to compensation. Contact the talcum powder lawyers at Stewart Law Offices today for a free consultation. Our dedicated legal team has successfully represented injured people throughout South Carolina and North Carolina for 30 years.

What is a Talcum Powder Lawsuit?

The talcum powder lawsuits currently pending against J&J allege that the company knew that its talc products had an increased risk of causing cancer in the reproductive system, but didn’t inform the public of the hazard.

Talc particles are microscopic. When applied to the genital area, it’s believed that the particles enter through the vagina and migrate through the fallopian tubes and uterus to the ovaries. Once there, the particles get lodged in the ovarian tissue. Over time, the talc irritates the tissues and causes DNA mutations, causing cancer.

The first talcum powder lawsuit was won in 2013. Since that time, J&J has been ordered to pay billions of dollars to women who claimed the talcum powder caused their cancer.

Proving Fault in a Talcum Powder Lawsuit

Cases involving talcum powder are complex. An experienced defective products attorney can help determine whether you have a case.

To win a talcum powder lawsuit, you will need to provide convincing evidence that the product caused your cancer. Factors that must be considered include:

Was your baby powder made from talc? J&J also sells a cornstarch-based form of baby powder.

How long did you use talcum powder? Cancer develops slowly. If you only used talcum powder sporadically, it will be much harder to prove that it caused your cancer compared to a woman who used it daily for 30 years.

Do you have ovarian cancer? Medical records can establish a diagnosis of the disease.

Did you use talcum powder made by other manufacturers? J&J is not the only maker of talcum powder products. If you used drugstore-brand baby powder or other talc-based powders along with J&J’s, it could be challenging to definitively show that one particular manufacturer is to blame for your cancer.

Did talcum powder cause your ovarian cancer? This will be the biggest hurdle to overcome. Many studies have pointed to a connection between talc and cancer. Other research has discounted these findings. The International Agency of Research on Cancer (IARC) has classified genital use of talcum powder as a “possible carcinogen to humans.” To win your case, your talcum powder lawyer will need to show that your baby powder use more likely than not caused your ovarian cancer.

States have different statutes of limitations, or deadlines, for when a talcum powder lawsuit must be filed. Our lawyers can help determine the statute of limitations in your case and whether you have a valid claim for compensation.

Not Sure If You Have a Talcum Powder Lawsuit? Contact Us Today

For more information about talcum powder lawsuits in North Carolina and South Carolina, call Stewart Law Offices today for a free consultation. With five offices throughout the Carolinas, our compassionate personal injury attorneys can meet with you wherever is most convenient for you.

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Tips for Driving in Bad Weather

2020-05-14T15:06:58.122000Z

South Carolina is no stranger to bad weather. Thunderstorms and lightning strikes are common in the Palmetto State, and both Carolinas unfortunately fall prey to hurricanes, tropical storms, hail and tornadoes. It’s an uncontrollable recipe for road disaster.

Bad weather makes for dangerous driving. According to the Federal Highway Administration, nearly 5,000 people are killed and more than 418,000 people are injured in weather-related traffic collisions every year.

Although weather is a contributing factor in many vehicle accidents, the drivers involved in them may still be found negligent depending on the facts of the case. If you were injured in a bad-weather crash, it’s a good idea to talk with an experienced South Carolina car accident attorney to learn about what types of compensation may be available to help with your medical expenses and other losses. Call or contact Stewart Law Offices right away for a free consultation.

Safety Tips for Driving in Bad Weather

It’s important to learn how to drive defensively in inclement weather. Around 11 percent of accidents in South Carolina occur when the weather is poor, according to the S.C. Department for Public Safety.

Here are some safety tips for driving in bad weather:

Slow down on wet roads.

Increase your following distance, as it may take longer to stop on slick or slippery surfaces.

Use your headlights in rainy weather and at night.

Be aware of your surroundings. Stormy conditions can make visibility scarce, so you need to scan the road to note if drivers have stopped, skidded, or crashed.

Avoid large puddles if you can.

Keep your windshield wipers well maintained, and use them. Also check that you have enough wiper fluid to clear any mud or debris that might disrupt your view during a storm.

Check your tires. Balding tires will not have as much traction in bad weather, which can lead to vehicle accidents caused by hydroplaning.

If you ever feel unsafe, pull off the road to a safe location and wait until the weather passes.

What to Do if You are Injured in a Weather-Related Car Accident

Taking certain steps after a weather-related crash can help protect any future legal claim that you might make. These include:

Seek medical attention as soon as possible. Call 911 if the injuries are urgent. If not, you should still get checked by a doctor promptly to rule out any undetected injuries.

Report the accident to the police. Law enforcement officers usually show up at weather-related crash scenes. If not, make sure to file an accident report.

Exchange contact and insurance information. Make sure to obtain information from every driver involved in the wreck, as well as the names and contact information for any witnesses.

Document the scene. Take photos of all accident-related evidence including damage to the vehicles involved, your injuries, and especially the environmental conditions. Video can help document damaging winds that may have contributed to the wreck.

Contact Stewart Law Offices. Our tough attorneys can take over all communications with the insurance company and negotiate for a full and fair car accident settlement on your behalf.

How Can Stewart Law Offices Help Me?

Injured in a weather-related car accident in South Carolina? At Stewart Law Offices, our legal team can investigate the crash, identify all liable parties, and fight for the compensation you are owed.

Your first step is to arrange a free consultation with one of our diligent car accident lawyers. With five offices throughout South Carolina and North Carolina, an attorney from Stewart Law Offices can meet with you wherever you feel most comfortable.

Call or contact us today to get started.

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What Is Carpal Tunnel Syndrome?

2020-05-13T15:02:04.946000Z

Carpal tunnel syndrome (CTS) occurs when the nerve that travels from the palm side of the wrist is compressed, or pinched. This nerve — also known as the median nerve — travels through an area called the carpal tunnel.

Carpal tunnel syndrome typically causes numbness, burning pain, and tingling in the hand and wrist. It may also cause numbness and tingling in the thumb, index, and middle finger. People with CTS sometimes report weakness in the affected hand and swollen fingers.

In a workers’ compensation claim, carpal tunnel syndrome would fall under the category of a repetitive motion injury. These types of injuries occur through continual use of the arms and wrists while performing the duties of your job. In South Carolina, you can obtain workers’ compensation benefits for carpal tunnel syndrome as long as you can prove the condition is work-related. However, it’s not always easy to convince an employer’s insurance company to pay workers’ comp for carpal tunnel syndrome.

If you’re struggling to obtain workers’ compensation for carpal tunnel syndrome, contact Stewart Law Offices today. Our team of highly qualified South Carolina workers’ comp attorneys can help prepare your claim and fight for the benefits you deserve.

Call or contact us today for a free consultation.

Common Causes of Carpal Tunnel Syndrome

According to the Mayo Clinic, any activity that puts pressure on the median nerve can lead to carpal tunnel syndrome. That is what makes it a tricky workers’ compensation claim. You must show that the injury is directly related to work, not to other medical conditions or daily life activities.

Common causes of CTS include:

A wrist injury

Pre-existing diagnosis of arthritis or diabetes

Fluid retention caused by pregnancy or menopause

Hypothyroidism

A cyst or tumor in the carpal tunnel

Repetitive use of the wrist

Sometimes, a person can have several risk factors that, in combination, result in carpal tunnel syndrome. An experienced workers’ compensation attorney at Stewart Law Offices can help collect the necessary evidence to show why your claim should be paid fully and fairly.

What Is a Repetitive Motion Claim in Workers’ Compensation?

Many occupations involve repetitive hand and wrist motions that could lead to carpal tunnel syndrome. These include:

Assembly line workers

Machinists

Construction workers

Farmers

Landscapers

Office workers

Data entry specialists

Workers’ compensation benefits for carpal tunnel syndrome can include payment for medical treatment and a portion of your lost wages. You may also be eligible for permanent disability benefits depending on the severity of your repetitive stress injury.

Making a Workers’ Comp Claim for Carpal Tunnel Syndrome

South Carolina workers only have 90 days from the time CTS first requires medical care or begins to interfere with the worker’s ability to perform his/her job to make a carpal tunnel claim. Before getting started, it’s recommended to speak with an attorney about the requirements and procedures for handling these complex claims.

Successfully linking your work activities to your diagnosis will be essential in order to be awarded workers’ compensation benefits. To do that, you will need substantial medical evidence.

A doctor will conduct an exam to confirm the diagnosis of carpal tunnel syndrome. He or she will then take a detailed history of your specific job activities to show how they contributed to your injury. The physician will also determine whether your condition is permanent or not.

This testimony, combined with other information collected by your attorney, can help build a strong case for workers’ compensation in South Carolina.

How Stewart Law Offices Can Help You

The attorneys at Stewart Law Offices can guide you through the entire process of filing a workers’ compensation claim. We understand that your livelihood may be at stake and will leave no stone unturned as we put together a claim that shows why you deserve compensation.

Call or contact us now to arrange your free, no-obligation consultation.

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Wrongful Death or Workers’ Comp During COVID-19?

2020-04-28T14:41:33.405000Z

What S.C. Families Need to Know

The coronavirus pandemic has already claimed the lives of essential workers nationwide. That’s a tragedy, especially because many have died providing services to those of us who are able to stay home to work. These losses have also led to valid legal questions: Do the surviving family members have any legal options after a work-related COVID-19 death? The attorneys at Stewart Law Offices can provide the answers you need during this painful time.

Can Families Obtain Workers’ Compensation Benefits for Their Loss?

In South Carolina, the vast majority of employees are covered under South Carolina workers’ compensation laws. Those laws include provisions if a worker dies from an injury or occupational illness that arises out of or during the course of employment.

Under the workers’ comp law, family members can receive death benefits through the deceased employee’s employer. These benefits include:

Providing two-thirds of the worker’s annual weekly wages to eligible family members for a period of 500 weeks

Payment of funeral and burial expenses of up to $2,500

There are some challenges that can make it difficult for deserving family members to receive death benefits. The first is that they must satisfactorily prove the death was work-related. With COVID-19 so widespread, employers may argue that there is no way to prove that the employee’s exposure (and resulting death) occurred on the job.

Another potential argument could be that the essential worker exposed himself or herself to the coronavirus by not following employer-provided sanitization procedures or wearing protective gear. These possible obstacles make it critical for family members to consult with a COVID-19 workers’ compensation lawyer as soon as possible. The coronavirus has raised questions about how occupational illness cases will be decided in South Carolina. You’ll want someone with experience and knowledge to guide you in these uncharted waters.

Who Can Obtain Death Benefits When an Essential Worker Dies from COVID-19?

Workers’ compensation benefits are payable to dependent family members of the deceased. Typically, this includes the employee’s:

Spouse

Minor children

Adult children who are physically or mentally incapable of self-care

Adult children (under age 23) who are enrolled full time at an accredited educational institution

The laws regarding eligibility can get more convoluted in complex family situations or if there are no eligible survivors. If you are wondering whether you may receive South Carolina death benefits, a lawyer from Stewart Law Offices can help determine whether you qualify.

Can I Sue for Wrongful Death Due to Coronavirus?

With rare exceptions, South Carolina employers are immune from negligence lawsuits as long as they carry workers’ comp insurance. That’s because worker’s comp benefits require no proof of fault. In other words, they are available to workers and surviving family members regardless of who is responsible for the work injury or illness.

However, it could be possible to file a wrongful death lawsuit if surviving family members believe that a third party’s negligence led to an essential worker’s COVID-19 death. A variety of parties could be held liable. Determining who the defendants should be will depend on the circumstances surrounding the worker’s infection and death.

The advantage of a South Carolina wrongful death lawsuit compared to a workers’ comp claim is that families could have access to a wider range of damages. A successful wrongful death claim could result in compensation for losses such as:

Medical expenses for the deceased

Lost income

Pain and suffering

Loss of companionship

Loss of household services

Pain and suffering

If you believe that your family member died as a result of negligence by a third party at work, a proven personal injury attorney can help you pursue a wrongful death claim in court. Family members will have the burden of proof to show that the third party was negligent — an undertaking that can be intense even without a pandemic to complicate matters.

Stewart Law Offices Will Demand Maximum Compensation for You

If your relative was an essential worker who died from COVID-19 complications, Stewart Law Offices extends its deepest sympathies to you.

As you grieve, please remember that your family could be entitled to South Carolina workers’ compensation death benefits or compensation from a wrongful death lawsuit. Our experienced attorneys can handle either type of claim and are available for private and free consultations right away.

Call 1-866-STEWART or contact us online to arrange your free consultation now.

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Top 10 Key Facts About Workers’ Comp and COVID-19

2020-04-20T15:51:26.213000Z

Like the rest of the world, the coronavirus (COVID-19) pandemic has thrust the United States into an unprecedented public health crisis. Companies and government agencies have sent countless numbers of personnel to work from home — or not at all — to reduce the risk of spreading infection. The exceptions have been the essential employees — those who work in jobs that provide critical services to the public. So, the question looms: Are workers’ compensation benefits possible if you develop COVID-19 on the job?

Here are 10 key facts that all South Carolinians should know about workers’ compensation and the coronavirus.

Most South Carolina employees are entitled to workers’ compensation.

Businesses with four or more regular or full-time employees are required to carry workers’ compensation insurance in South Carolina. Certain categories of workers are not covered under the state Workers’ Compensation Act, including railroad workers, federal employees, agricultural workers, and casual employees.

Obtaining workers’ compensation benefits depends upon proving that an injury or illness is job-related.

South Carolina law defines an occupational disease as one that arises out of and during the course of employment due to hazards specific to the job in which the employee works. Contagious diseases that happen in ordinary life (e.g., the flu) are excluded. With COVID-19, employees will need to prove that the likelihood of their exposure to the coronavirus at work was greater compared to the unknown amount of exposures they may have had outside of the job.

Getting workers’ compensation does not require you to prove someone is at fault.

The South Carolina workers’ compensation system is not fault-based. Medical care, partial wage replacement, and other benefits are available as long as employees can show they were performing job duties that would more likely than not have exposed them to the coronavirus. However, in exchange for these no-fault benefits, employees generally lose the right to file a lawsuit against the employer for negligence.

There may still be instances when it’s possible to file a lawsuit on top of a COVID-19 workers’ compensation claim.

Even though employers who carry workers’ compensation insurance are typically immune from lawsuits, you could still file suit if your employer engaged in grossly negligent conduct. For example, if your employer failed to sanitize regularly to protect its workers from COVID-19, you may have grounds to sue if you later developed the coronavirus.

You might also be able to sue negligent third parties who exposed you to the coronavirus. For example, if you delivered essential supplies to a facility that did not follow mandatory disinfecting protocols, you may have a valid COVID-19 lawsuit.

Compensation from a lawsuit can include money for pain and suffering and other noneconomic losses that cannot be obtained through workers’ comp alone. Consulting with a knowledgeable workers’ compensation lawyer is vital to maximize the amount of money you could potentially recover.

Independent contractors cannot obtain workers’ comp for COVID-19, but they may have other legal options.

Independent contractors are not considered employees and as such, are not entitled to workers’ compensation benefits. However, there are times when employers misclassify employees as independent contractors. Defining an independent contractor is set by law, not at an employer’s discretion. If you were diagnosed with coronavirus and are truly an employee — not an independent contractor — then you could be entitled to workers’ comp benefits.

Even when properly classified, an independent contractor may be able to file a lawsuit against an employer if he or she was exposed to the coronavirus due to negligence.

You must follow South Carolina rules for reporting and filing workers’ compensation claims.

In South Carolina, you must provide notice to your employer of a job-related illness or injury within 90 days. Fail to do so, and you could risk losing the ability to collect workers’ compensation benefits for COVID-19.

Family members can seek death benefits for a loved one who died from work-related coronavirus exposure.

One of the biggest tragedies about the coronavirus crisis is how many people — both young and old — have died. If you lost a loved one to COVID-19 from a job exposure, a caring and trusted attorney at Stewart Law Offices can walk you through the process of pursuing workers’ compensation benefits.

Essential employees who were infected with COVID-19 should speak with a workers’ compensation attorney right away.

Some workers are unable to stay at home no matter how much they would like to. Essential employees such as law enforcement officers, healthcare workers, emergency medical technicians, paramedics, utility workers, grocery/pharmacy workers, bank employees, postal workers, waste collectors, and others are at a greater risk of developing the coronavirus than others. The state is currently considering legislation that would presume that any first responders who develop COVID-19 were exposed at work, thus entitling them to benefits with a lower burden of proof.

Early workers’ compensation rulings will be important as more coronavirus claims emerge.

Right now, South Carolina doesn’t have previous case law that attorneys can turn to for guidance on handling COVID-19 workers’ compensation claims. However, as more claims are filed — and they will be — lawyers will begin to see how the S.C. Workers’ Compensation Commission decides these cases and will tailor their clients’ coronavirus claims taking these prior decisions into account.

If there is any question of whether your COVID-19 case is work-related, you should talk to a workers’ comp lawyer.

Models suggest that it could be several months or more before the U.S. sees the end of the coronavirus pandemic. If you have any legal questions about whether your coronavirus diagnosis was work-related, an attorney at Stewart Law Offices can analyze your case and discuss your legal options.

Can You Get Workers’ Comp for COVID-19 in South Carolina? Ask Us Now

If you were infected with the coronavirus on the job in South Carolina, the attorneys at Stewart Law Offices can discuss your rights to workers’ compensation benefits in a free case review.

Don’t wait — call or contact us to schedule your free consultation now.

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S.C. Considering Workers’ Comp for COVID First Responders

2020-04-20T14:21:12.192000Z

South Carolina’s first responders are on the frontlines battling the coronavirus (COVID-19) every day. Now, a state representative is pushing for legislation that would provide them with workers’ compensation benefits if they test positive for the illness.

Workers’ compensation pays for medical care and provides partial-wage reimbursement for employees who become injured or ill while performing duties within the scope of their employment. Typically, benefits can only be paid if a worker can prove that the illness is work-related.

Under the new bill, backed by Rep. Russell Fry, South Carolina’s first responders who test positive for the coronavirus would be entitled to the presumption that their COVID-19 diagnosis is job-related. As such, they would be entitled to total-temporary-disability benefits from the time of their isolation until they are cleared by a physician to return to work.

First responders include:

Law enforcement officers

Firefighters

Emergency medical technicians (EMTs)

Paramedics

Volunteer law enforcement officers, firefighters, EMTs, and paramedics

Healthcare providers

Members of the National Guard or South Carolina State Guard called to active duty in response to the pandemic

Correctional officers

Workers’ Comp is Essential for These Essential Workers

At Stewart Law Offices, our team of workers’ compensation attorneys applaud this effort to support frontline workers during the COVID-19 pandemic. In this unprecedented time where people are dying in exponential numbers, first responders who have dedicated their careers to service during a national emergency deserve to know that their personal finances will not be wiped out if they fall ill while they try stop the disease from spreading to others.

The key challenge in any workers’ compensation case is proving that an occupational illness is directly tied to the workplace. What makes this legislation so important is that it asks for “the presumption” that first responders who test positive for COVID-19 were exposed and became ill directly as a result of their work. In other words, we know that first responders have a higher likelihood of being exposed to the coronavirus due to the nature of their jobs. Under this rule, we’re going to assume that their COVID-19 diagnosis is the result of a work-related exposure even though officials can no longer definitively track down the source of exposure the way they could in the early days of the outbreak.

What S.C. Workers’ Compensation Covers

Most South Carolina employees are entitled to workers’ comp benefits. In addition to payment of medical expenses, workers’ compensation benefits also pay a portion of an employee’s lost wages while they are unable to work. Workers’ compensation also extends death benefits to family members who have lost a loved one due to a work injury or illness.

Applying for workers’ comp can be complicated under normal circumstances. With COVID-19, we have entered the realm of extraordinary circumstances. Workers’ compensation laws were not written with pandemics of this magnitude in mind, so employers and workers may find themselves in a gray area when it comes to what gets covered and what doesn’t.

How Stewart Law Offices Can Help

During these uncertain times, you need experienced and proven South Carolina workers’ compensation attorneys by your side. The legal team at Stewart Law Offices has represented clients in complex work injury and occupational illness claims for decades. If you are an essential worker who became infected with coronavirus, our attorneys can help with every aspect of your COVID-19 claim.

Call 1-866-STEWART or contact us today for a free consultation.

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COVID-19 Relaxes Federal Truck Regulations

2020-04-13T18:21:28.467000Z

For the first time in history, the Federal Motor Carrier Safety Administration (FMCSA) has loosened its restrictions on how long truck drivers can remain behind the wheel without resting.

The agency has temporarily lifted its hours-of-service regulations for truckers who carry emergency goods such as medical supplies, sanitizers, and food. The move is in direct response to the COVID-19 pandemic, which has caused critical shortages over much of the country.

Normally, truckers are limited to 11 hours of driving time within a 14-hour day to reduce the risk of accidents caused by drowsy driving. Fatigue is a noted problem within the industry. Around 13 percent of truckers involved in accidents are considered fatigued at the time of the wreck, according to FMCSA’s Large Truck Crash Causation Study.

For now, certain drivers are allowed to extend their trips to deliver loads as quickly as possible to hospitals, stores, and other essential businesses. Drivers of mixed loads or non-essential goods are still subject to normal hours-of-service restrictions.

Making unprecedented decisions often comes in times of crisis. The response to the coronavirus has proved no different. While the swift shipment of goods is vital to first responders and communities, FMCSA’s decision also has the potential to negatively affect road safety.

With fewer restrictions on commercial drivers, how can the public feel assured that they will make safe choices and rest when necessary? Furthermore, how will these temporary new rules apply if you or a loved one is injured in a truck accident during the pandemic? These are the types of questions that the South Carolina truck accident attorneys at Stewart Law Offices are examining now. Just as the trucking industry is changing due to COVID-19, so is the legal landscape. You can count on us to stay on top of all of these changes and advise clients of what they might mean for a legal claim.

At Stewart Law Offices, our team of accomplished injury attorneys can provide solid legal advice when you need it most. Call or contact us for a free consultation today.

Your Legal Rights After a Truck Accident Injury

People who are injured in tractor-trailer accidents caused by another party have the right to seek compensation for their losses. You aren’t stripped of those legal rights during a national emergency. Having a lawyer who can help you navigate the complicated state and federal liability laws during this unparalleled period of chaos can help ensure that your rights are protected and enforced appropriately.

At Stewart Law Offices, we can stay socially distant and still provide you with the free legal advice you need and deserve. If you’ve been in a South Carolina truck accident, call or contact us online to arrange a no-cost consultation.

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FDA Pulls Zantac Off Shelves for Possible Cancer Link

2020-04-08T15:40:10.441000Z

The U.S. Food and Drug Administration (FDA) has ordered for the popular heartburn medication ranitidine (brand name Zantac) to be taken off the market immediately. The decision was made due to the discovery that ranitidine drugs may contain dangerous levels of N-Nitrosodimethlyamine (NDMA), a probable human carcinogen.

The recall affects both prescription and over-the-counter (OTC) ranitidine medications. Hundreds of Zantac lawsuits are already pending throughout the United States, alleging that the drugmakers failed to warn the public of the dangers of NDMA and that their inaction led to diagnoses of cancer in some consumers.

If you or a family member took Zantac or a generic ranitidine product, you may have a case for compensation. The experienced personal injury attorneys at Stewart Law Offices can evaluate your case in a free consultation.

With five locations in South Carolina and North Carolina, our lawyers can meet with you wherever you are most comfortable.

Call or contact us today to schedule a free consultation.

What Makes Zantac Dangerous?

According to a press release, the FDA’s decision was based on testing that showed NDMA levels in some ranitidine medications increased to unacceptable levels over time, particularly when stored at higher than room temperatures. However, increases in NDMA levels were also observed when the drugs were stored at normal temperatures as well.

NDMA has been linked to primary cancers of the:

Stomach

Bladder

Small intestine

Colon/rectum

Esophagus

Liver

On a lesser level, NDMA has possible associations with:

Early-onset prostate cancer

Pancreatic cancer

Non-Hodgkin’s lymphoma

Multiple myeloma

No one should have to live with a life-threatening disease caused by someone else’s negligence — particularly a pharmaceutical company’s, whose main job is to make drugs to improve public health.

Can I Sue for Damages?

Zantac lawsuits are already underway. To determine if you have a case, you will need to meet with a knowledgeable attorney with experience handling defective drug claims.

Several steps must be taken to decide if you may be entitled to compensation:

Did you take Zantac or ranitidine? This can be established through medical records,

prescription receipts, or statements from a doctor, even if you only took the OTC

version of the drug.

How long did you take the drug? If you only took the medication for a short period, it

will be more difficult to prove a connection between Zantac use and your cancer

diagnosis.

Do you have cancer? Proof of diagnosis can be confirmed through medical records.

Did Zantac cause your cancer? Here is the trickiest part of your case. Your attorney will

need to provide compelling evidence to show that your Zantac use and cancer diagnosis

are closely connected. For example, if you took Zantac for three years for acid reflux,

you will likely have a stronger case than someone who used it for six months. There is

also a latency period (the time between exposure to a cancer-causing substance and the

development of the disease) to consider. If you took Zantac for six months and were

diagnosed with cancer a month later, it will be more difficult to convince a judge or jury

that ranitidine caused the disease.

Compensation in dangerous drug cases can help cover medical costs, lost income, lost earning potential, pain and suffering, and other losses stemming from the diagnosis. This money can be vitally important to keep families afloat during a cancer battle.

Diagnosed with Cancer After Taking Zantac? Learn Your Legal Rights Now

For more information about Zantac lawsuits, call or contact Stewart Law Offices today. Our North Carolina and South Carolina injury lawyers are standing by to help.

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Car Accidents and Health Insurance in South Carolina

2020-04-06T14:40:19.558000Z

Getting your medical bills paid is a priority after a car accident in South Carolina. But if you’re like most people, you are unsure of who pays first — the auto insurance company, or your health insurance provider.

It’s a good question that can have somewhat different answers, depending on your own insurance coverage and whether the at-fault driver has insurance. The experienced South Carolina car accident attorneys at Stewart Law Offices can determine the best way for your claim to proceed in a free consultation.

Call or contact us today to get started.

Will Health Insurance Cover My Injuries After an Accident?

Your health insurance coverage can pay for your car accident injuries, regardless of how they happened. What typically happens is your health insurance company will first ask you to pay the usual co-payments and deductible, and then they’ll pay their portion according to the terms of your policy.

You should turn to your health insurance first to pay your car accident expenses. Obtaining a settlement through the at-fault driver’s insurance company takes time, and getting the necessary treatment when you need it should always be the priority. Keeping all receipts and medical records can show the auto insurance company what was paid during this time. The health insurance provider may be allowed to recover any payments they made through a process called subrogation later.

Health Insurance vs. Auto Insurance

Your health insurance policy will pay for your medical expenses after a crash, but those are not the only types of losses that you can be compensated for after a car accident. Beyond medical expenses, car insurance companies provide crash victims with compensation for:

Lost wages

Lost earning capacity

Long-term care needs, such as full-time nurses or home health aides

Mental anguish

Pain and suffering

Permanent disability

Lost enjoyment of life

An adjuster from the at-fault driver’s company will investigate the accident and make a settlement offer taking these factors, along with your medical expenses, into account. Usually, this offer is far below what you deserve. An accomplished lawyer from Stewart Law Offices can represent you during these negotiations so that you are not shortchanged.

If you were struck by an uninsured motorist, you may be required to turn to your own auto insurance coverage to cover your losses. Purchasing uninsured motorist coverage is required in South Carolina. Underinsured motorist coverage (to protect you if the at-fault driver did not have enough insurance to cover your injuries) is not mandatory, but highly recommended.

Medicare and Medicaid After an Accident

After a car accident, Medicare and Medicaid coverage can be used to pay your medical bills. However, you must report the accident to The Centers for Medicare & Medicaid Services. The attorneys at Stewart Law Offices can take care of this for you.

Medicare or Medicaid will then place a lien on the amount they paid. This lien will ensure the government can be reimbursed for the money they spent to cover your medical treatment after the car accident. An advantage of having your car accident lawyer file the report for you is that he or she may be able to get the costs reduced by negotiating the amount of the lien.

How Can Stewart Law Offices Help Me?

At Stewart Law Offices, we know how high the cost of medical bills can be after a car accident. Our skilled attorneys strive to recoup those losses and restore your sense of financial security again.

With five offices across South Carolina and North Carolina, our law firm provides comprehensive legal services that puts your needs first. To learn more about how we can help, call or contact us today to schedule a free consultation.

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25 Most Dangerous Jobs in the U.S.

2020-03-22T19:38:28.213000Z

A job injury can happen in any work environment. However, there are some occupations that carry a greater risk of injury and death than others. In fact, there are some professions in which the risk of dying is 10 times higher when compared to the average American job.

The financial website 24/7 Wall St. recently reviewed fatal injury rates for 71 occupations from the U.S. Bureau of Labor Statistics’ Census of Fatal Occupational Injuries program. If you or a loved one has been injured in a workplace accident in South Carolina or North Carolina, contact Stewart Law Offices to speak with an experienced workers’ compensation attorney today.

Top 25 Most Dangerous Occupations

The most severe job injuries typically occur in industries that use heavy machinery or have employees working at great heights. But even a desk job could result in a serious injury.

The 25 most dangerous jobs in America include:

Logging workers

Fishers and related fishing workers

Aircraft pilots and flight engineers

Roofers

Refuse and recyclable materials collectors

Drivers/sales workers and truck drivers

Farmers, ranchers, and other agricultural managers

Structural iron and steel workers

First-line supervisors of construction trades and extraction workers

First-line supervisors of landscaping, lawn service, and groundskeeping workers

Electrical powerline installers and repairers

Grounds maintenance workers

Miscellaneous agricultural workers

Helpers, construction trades

First-line supervisors of mechanics, installers, and repairers

Police and sheriff’s patrol officers

Construction laborers

Maintenance and repair workers, general

Mining machine operators

Operating engineers and other construction equipment operators

Bus and truck mechanics and diesel engine specialists

Electricians

Heating, air conditioning, and refrigeration mechanics and installers

Athletes, coaches, umpires, and related workers

Industrial truck and tractor operators

Common Types of Workplace Accidents

According to the National Safety Council, a worker is injured on the job every seven seconds. While not all accidents are serious, even a mild job injury may keep an employee out of work for several days or longer.

The most common causes of workplace injuries include:

Overexertion

Contact with objects and equipment

Slips, trips, and falls

Defective machinery

Exposure to hazardous materials and toxic substances

Insufficient safety equipment

Poor supervision

Failure to follow safety standards

Undertrained workers

Repetitive motion

Most employers in South Carolina and North Carolina are required to carry workers’ compensation insurance to help cover medical expenses and lost income resulting from on-the-job injuries. These benefits can be critical sources of support for families while their loved one is recuperating, especially if he or she is the primary breadwinner.

Examples of Job Injuries

Tens of thousands of workers in the Carolinas suffer job injuries that range from mild to catastrophic. The most common types of workplace injuries include:

Muscle sprains, strains, and tears

Cuts and lacerations

Back injuries

Neck injuries

Knee injuries

Broken bones

Traumatic brain injury

Spinal cord injury

Amputation

Electrocution

Thermal and chemical burns

Respiratory problems

Visual or hearing impairment

Carpal tunnel syndrome

Workers’ compensation benefits are typically available to employees regardless of who is at fault. Despite this no-fault system, deserving workers sometimes need help getting the benefits they are entitled to. When that’s the case, a knowledgeable workers’ compensation attorney can advise them of their legal options.

Need Help with a Workers’ Comp Claim? Call Stewart Law Offices Today

Involved in a workplace accident? Obtaining full and fair workers’ comp benefits can be a vital way to stay financially afloat while you recuperate. But filing claims can be complex and frustrating. Our experienced and compassionate lawyers at Stewart Law Offices can assist with every part of the workers’ comp process.

Call or contact us today to schedule a free consultation.

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Workers’ Compensation vs. Personal Injury Claims

2020-03-19T18:20:12.387000Z

After an injury at work, it’s natural to wonder what happens next. While you may have heard the terms “workers’ compensation” and “personal injury” before, understanding the difference between the two types of claims will be important as you weigh your legal options.

To help answer these complex questions, the South Carolina workers’ compensation and personal injury attorneys at Stewart Law Offices have put together the following information for you.

Is Workers’ Compensation Considered Personal Injury Law?

No. Workers’ compensation and personal injury are two separate areas of the law.

The workers’ compensation system is designed specifically for injured employees. A successful workers’ comp claim can pay medical bills, provide partial wage reimbursement, and supply other benefits to employees who are injured in workplace accidents.

By contrast, an individual could file a personal injury claim for many different types of accidents. Auto accidents, slip and fall accidents, dog bites, medical malpractice, and defective products cases are all examples of personal injury claims.

People who are injured in workplace accidents are typically unable to file a personal injury lawsuit against their employer. However, there are times when a workplace injury can result in a personal injury claim. Because the lines can get blurry, the best way to find out your legal options is by consulting with a knowledgeable workers’ compensation attorney.

No Fault in a Workers’ Comp Claim

One major distinction between a workers’ compensation claim and a personal injury claim surrounds the issue of fault.

If you’re injured on the job, you may obtain workers’ comp benefits regardless of who is at fault for the injury. Not so in a personal injury claim — you can only recover compensation if you can prove that someone else’s negligence caused your injury.

Different Damages in a Personal Injury Claim

The types of compensation you are able to collect are also different when comparing personal injury and workers’ comp claims.

In a workers’ compensation claim, your employer’s insurance company will provide payment of your medical bills, a percentage of your lost wages, and disability benefits while you recuperate.

However, a workers’ comp claim will not pay for pain and suffering or provide for punitive damages against a party for especially gross misconduct. Those types of damages can be sought in a personal injury claim, along with coverage of medical expenses, lost income, and more.

Are All Work Injuries Eligible for Workers’ Compensation?

Not every injury that occurs at work will be covered under the employer’s workers’ compensation insurance. For example, insurers may refuse to pay if they believe the worker deliberately caused their injuries or was intoxicated at the time of the accident.

There are other times when a workers’ compensation claim is legitimate, but a worker also has a valid personal injury claim. These are known as third-party claims because they are filed when someone else (not the employer) causes an injury. For example, if a warehouse worker is injured by a piece of defective equipment, he or she could file a personal injury claim against the manufacturer that created the faulty equipment.

How Can Stewart Law Offices Help Me?

Need help figuring out whether you have a workers’ compensation or personal injury claim? Talk to the experienced attorneys at Stewart Law Offices today. Our law firm is staffed with accomplished personal injury lawyers and workers’ compensation attorneys who can advise which type of claim might be appropriate for you.

Call or contact us today for a free consultation.

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Stewart Law Offices COVID-19 Update

2020-03-16T20:03:06.145000Z

You Don’t Need to Leave the House to Meet with Our Lawyers.

Concerned About Coronavirus?

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Stewart Law Offices we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our health care system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure. (Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

GoToMeeting

Facetime

Skype

Zoom

If you are ready to speak with a lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

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Three Attorneys Given Rising Star Award by Super Lawyers

2020-03-16T18:03:06.905000Z

Stewart Law Offices is proud to announce that three of its personal injury attorneys have been named to the 2019 Rising Star list by Super Lawyers.

Attorneys Sam Bass, Tyler Bathrick, and Stephen Vicari II are among only 2.5 percent of young attorneys nationwide who are chosen for the honor. It recognizes attorneys for excellence in practicing law and is based on peer nominations, third-party research, and a final approval by a panel of attorneys. To qualify, lawyers must be 40 years or younger and in practice for less than 10 years.

Super Lawyers is a rating service that performs an annual review of outstanding attorneys in each state. The purpose is to help people who are searching for an attorney to find one with the high level of competency and skill that they are looking for.

The Super Lawyers and Rising Stars lists are published in Super Lawyers Magazines nationwide and in other publications across the country.

About Sam Bass

Sam Bass works in the Spartanburg, S.C. location of Stewart Law Offices. A 2008 graduate of the University of South Carolina School of Law, Bass represents clients in personal injury, workers’ compensation, motor vehicle accident, and wrongful death cases.

In addition to being designated a Rising Star, Bass has been named as one of the “Top 40 Lawyers Under 40” by The National Trial Lawyers. He has also earned a superb score by the online legal directory Avvo.

Bass is a graduate of the S.C. Bar’s Leadership Academy and a member of its House of Delegates. From 2015-2017, he served as the Seventh Circuit Representative of the Young Lawyers Division. In 2019, Bass also expanded his legal services by becoming a certified mediator.

About Tyler Bathrick

Attorney Tyler Bathrick represents clients in Stewart Law Offices’ Rock Hill office. Bathrick has extensive experience handling workers’ compensation claims in South Carolina. He trained under two former members of the state’s Workers’ Compensation Commission and has assisted hundreds of deserving South Carolinians in resolving workers’ compensation disputes.

A 2006 graduate of the University of South Carolina School of Law, Bathrick has an excellent rating by the legal directory Avvo and is a member of the York County Bar Association and the Injured Workers’ Advocates.

About Stephen Vicari II

Stephen Vicari II is based in the Columbia location of Stewart Law Offices, where he represents clients in personal injury, workers’ compensation, auto accidents, and other legal claims.

A South Carolina native, Vicari joined the U.S. Navy following the 9/11 terrorist attacks and went on the earn his law degree at the University of South Carolina School of Law in 2015. Vicari was named one of the “Top 40 Lawyers Under 40” by The National Trial Lawyers in 2018. He is also a member of the S.C. Association for Justice, American Association for Justice, and the Injured Workers Advocates.

Find High-Quality and Individualized Legal Services at Stewart Law Offices

Stewart Law Offices provides comprehensive legal assistance to injured clients in South Carolina and North Carolina. For more information about how our legal team can help you, contact us today.

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Who’s At Fault In A Self-Driving Car Accident?

2020-03-06T20:08:23.206000Z

Self-driving cars are widely considered to be the next great innovation in automotive safety. The idea is that autonomous cars will prevent crashes and injuries by eliminating the No. 1 cause of car accidents — human error. But who’s to blame when a driverless car is involved in an accident? So far, the answer’s not clear.

Right now, there are no laws regarding liability that specifically address autonomous vehicles. That’s a problem because the U.S. has already recorded fatal self-driving car accidents in several states.

Below, the South Carolina car accident attorneys at Stewart Law Offices have outlined some of the complicated liability questions that have been raised regarding self-driving cars.

Questions of Fault In Driverless Car Crashes

In a conventional South Carolina car accident, liability usually falls upon the at-fault driver. That person’s insurance company would therefore be responsible for paying compensation to the accident victim for any injuries. But with driverless cars, questions of fault get complex.

At this time, no self-driving vehicles are fully automated. Instead, a backup driver sits inside and is able to take over if a crash is about to happen. The eventual goal is for the self-driving car to be fully in control, but that’s still years away, according to the National Highway Traffic Safety Administration (NHTSA).

When someone is hurt in a crash caused by a self-driving car, determining fault depends on the cause of the collision.

Driver error

Human error is responsible for 94 percent of car accidents. Was the backup driver paying attention when the crash occurred? Investigations into a recent self-driving car accident in Arizona found that the driver did not have his eyes on the road in the moments before the collision. If the operator of the self-driving car was not being careful, he or she could be held liable.

Vehicle Malfunction

Just like today’s cars, autonomous vehicles can still experience malfunctions that could cause accidents. If the backup driver was monitoring the vehicle carefully and the car breaks down for some reason (e.g., brake failure), it’s possible that the manufacturer of the autonomous car may be held responsible for the crash.

Design Defect

Autonomous cars have complex computer software, sensors, cameras and other hardware that can control all aspects of the vehicle’s operation. Software bugs or other technological flaws that cause accidents could allow injured victims to sue the designers of the faulty technology.

Other Potentially Liable Parties

Keep in mind that there are other possible parties to blame in crashes involving self-driving cars. In accidents involving multiple vehicles, liability may need to be split among multiple drivers as well as the autonomous car’s driver and/or manufacturer.

Fault could also rest on a government entity if a failure to maintain the road or traffic signage contributed to the accident. For that reason, it will be critical to consult with a personal injury attorney who knows how to investigate complex car accident cases.

Demanding Compensation for Car Accident Victims

Stewart Law Offices represents car accidents victims in South Carolina and North Carolina. Our personal injury attorneys are paying close attention to the development of self-driving cars and how that will impact our clients in the future.

Need help now? Call or contact our experienced attorneys today.

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Kids’ Chance of South Carolina

2020-03-06T17:38:27.451000Z

The workers’ compensation attorneys at Stewart Law Offices understand how a workplace accident can change the lives of families forever. That’s why we’ve chosen March to highlight and share our support for Kids’ Chance of South Carolina, a nonprofit organization that provides scholarships to children of workers who were injured or killed on the job.

Stewart Law Offices Supports Changing Families Forever

Since 1992, Kids’ Chance has awarded more than $1.1 million in scholarships to eligible students seeking to attend college or vocational schools after graduating from high school. But the need for additional support to South Carolinians is great. Data from the Bureau of Labor Statistics shows there were 32,800 workplace injuries or illnesses recorded in South Carolina in a recent year. Of that number, an astounding 57 percent of those cases were considered severe.

“When a parent is suddenly unable to work after a job accident, the stability of the entire family is put in jeopardy,” says Brent Stewart, founder of Stewart Law Offices. “Our law firm and Kids’ Chance of South Carolina share a similar mission in helping these deserving families find the financial means necessary to secure a better future.”

There are many ways to contribute to Kids’ Chance. Financial donations can be made by individuals, companies, foundations, and other organizations. Volunteers are also welcome to serve on fundraising committees or as board members.

Spreading the word about Kids’ Chance is another way to help. Many South Carolina businesses provide corporate sponsorships to community organizations. Ask your employer whether they’ll consider donating to Kids’ Chance. All contributions are tax deductible.

Do you know someone whose parent was severely injured or killed in a job accident? You probably don’t hear them complaining about how hard life can be, not just financially but also emotionally. But the challenges are there. If they are considering post-secondary education but worried about the costs, direct them to https://www.kidschancesc.org/ to learn more.

Scholarship Eligibility

To be eligible, an applicant must:

Be bound for post-secondary (after high school) education

Have achieved a high school diploma by the first disbursement of the scholarship

Under age 25 at the time of the full disbursement of the award

Entering to study or already studying at an accredited two-year or four-year college or vocational school

Have at least one parent, stepparent, or legal guardian who was seriously injured or killed in a workplace accident that was documented and deemed compensable by the S.C. Workers’ Compensation Commission

Applicants are eligible for four traditional years (eight traditional semesters) of the scholarship award. You can apply online. For questions or additional information, email angie@kidschancesc.org or call (846) 546-5837.

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Daylight Saving Time Increases Risk of Fatal Accidents

2020-03-03T19:42:19.759000Z

On March 8, South Carolinians will shift their clocks forward one hour to mark the beginning of Daylight Saving Time (DST). With the transition, Americans lose one hour of sleep and are at an increased risk of being involved in deadly car accidents, according to researchers.

A new study in the journal Current Biology found that auto accident deaths rise 6 percent in the week after the spring time change, resulting in about 28 fatal crashes per year.

Scientists say that springing forward contributes to crashes by disrupting sleep patterns, putting drowsy drivers on the roads each morning while it’s still dark. Essentially, motorists are in a state of “mini-jetlag,” where their normal sleep and wake cycles are suddenly thrown off balance.

This is not the first time that researchers have linked the spring shift to Daylight Saving Time with a rise in auto accidents. Several studies have shown a significant increase in crashes, especially on the Monday following the time change. In addition, the spring switch has been attributed to a spike in the number of workplace accidents, heart attacks, strokes and even suicides.

These latest results come just after South Carolina passed a bill that would allow the Palmetto State to remain on DST if the federal government allows it, something that both Gov. Henry McMaster and the Trump Administration have said they support.

Drowsy Driving: A Serious Problem

Daylight Saving Time aside, drowsy driving is already a concern for U.S. motorists. According to the Centers for Disease Control and Prevention (CDC), around 1 in 25 adult drivers report having fallen asleep behind the wheel.

Closer to home, the South Carolina Department of Public Safety’s most current statistics show that 536 traffic collisions in a single year involved a driver who was fatigued or asleep. Of those crashes, three people died and 274 others were injured.

Sleepy drivers are dangerous drivers for several reasons:

They are less able to pay attention to the roads.

They have slower reflexes, causing delays in their reaction times if an emergency arises.

They are more likely to make careless driving decisions.

Preparing Yourself To Spring Forward

Sleep experts say that there are ways to prepare yourself for the upcoming switch to DST. Tips include:

Go to bed 15 minutes earlier in the week leading up to the time change. You will need to shift your wake times as well.

Turn the lights on as soon as you wake up. Light plays a huge role in regulating your sleep and wake cycle.

Use blackout curtains. Make your room dark and cool to help your body get into sleep mode, even if it’s light outside.

Don’t increase your caffeine. Many people rely on caffeine to get through the morning lull, but upping your intake to cope with Daylight Saving Time could make it more difficult to get to bed at night.

Listen to your body. If you’re too tired to get behind the wheel, don’t drive. It’s better to call in late to work or make your kids tardy for school than risk a crash.

Skilled South Carolina Car Accident Lawyers Are Here To Help

The personal injury attorneys at Stewart Law Offices represent clients who have been injured in accidents in both Carolinas. If you were in a car accident involving a drowsy driver, contact us today for a free consultation.

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What To Do If You’re In An Uber Car Accident

2020-02-28T18:26:20.285000Z

Over the past several years, Uber and other rideshare services have exploded in popularity in South Carolina. While Uber is a convenient way to travel, it can be confusing to figure out what to do if your Uber driver causes an accident and you get hurt.

Like all car accidents, compensation for any injuries usually comes through the at-fault driver’s insurance company. But with Uber accidents, liability issues become more complicated. Whose insurance applies — your driver’s, or Uber’s? Stewart Law Offices can answer your questions and help you pursue compensation after an Uber accident in South Carolina.

Our law firm provides compassionate and comprehensive legal services to accident victims in both Carolinas. We have the knowledge, skills, and resources needed to build solid claims for compensation for Uber accident victims. You won’t feel alone with Stewart Law Offices by your side.

To learn more, call or contact us today to arrange a free consultation.

Uber’s Insurance Policy For Passengers

Uber requires all of its drivers to carry their own auto insurance. The company also has its own insurance policy in case an Uber driver is at fault for a crash. Determining which policy kicks in depends on the driver’s status at the time of the Uber accident.

Not logged in: If the driver is not logged into the Uber app at the time of the crash, his/her own car insurance is responsible for covering any injuries, up to the policy limits. In South Carolina, the minimum required liability coverage is $25,000 per person for bodily injury and $50,000 for all persons involved in one accident.

Logged on, waiting for fare: Uber drivers who are logged into the app and waiting for a rider can receive partial coverage from Uber’s insurance policy if a crash occurs. In these cases, Uber provides up to $50,000 for injuries, but only pays what the driver’s personal auto insurance won’t cover.

Transporting a passenger or matched with a rider: In these circumstances, Uber’s $1 million liability insurance policy pays for any injuries if the Uber driver is at fault.

Protecting Yourself After An Uber Accident

The moments after an Uber crash can be disorienting. If you’re able, there are several things you can do to protect your legal rights.

Check for injuries: If anyone is hurt, call for emergency help right away.

Seek medical treatment: Even if you don’t feel hurt, it’s important to get checked by a doctor. Some injuries aren’t immediately apparent. Getting timely medical care will strengthen your Uber accident claim by showing that you did everything possible to minimize the severity of your injuries.

Gather evidence: Take photos of the accident scene and your injuries. Include a screenshot of the Uber app to show the details of your ride. You should also obtain the insurance information of everyone involved, as well contact information for any witnesses.

Report the accident to Uber: This can be done in the app or by phone.

Contact Stewart Law Offices For Help With Your Uber Accident Claim

If you’ve been hurt in an Uber accident, the last thing you need to worry about is haggling with insurance companies over whose coverage will pay for your injuries. That’s when the South Carolina Uber accident attorneys at Stewart Law Offices can help. Our experienced lawyers can handle all negotiations with the insurance company for you. That leaves you free to focus on the most important priority — getting healthy again.

Having legal representation is especially important if you’re in an Uber accident involving multiple parties, such as other cars, bicyclists, or pedestrians. In those cases, fault may need to be split among all negligent parties. That could mean fighting several different insurance companies to get full and fair compensation. Our Uber accident lawyers can help identify all liable parties and work to obtain maximum compensation from all possible sources.

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Stewart Law Offices Highlights Polar Plunge South Carolina

2020-02-25T14:56:27.896000Z

Stewart Law Offices is diving into a fun and vital initiative in February — Polar Plunge South Carolina, the largest overall fundraising event for the Special Olympics.

Stewart’s legal team joins other Polar Plunge participants to dip their toes, hop in the cold waters of Lake Murray, or plunge into waters at other aquatic locations around the state to raise money for the Special Olympics.

Special Olympics South Carolina provides athletic training and Olympic-style sporting activities for both adults and children with intellectual disabilities, promoting both physical fitness and fostering friendships throughout the state. More than 30,000 athletes participate in the Special Olympics in South Carolina every year.

“The Special Olympics and Stewart Law Offices share the common belief that everyone — regardless of ability, health, or location — deserves the same opportunities for inclusion in the community,” says personal injury attorney Brent Stewart, the law firm’s founder. “We’re proud to support an organization that that celebrates diversity and wellbeing for all.”

Throughout 2020, Stewart Law Offices will be supporting charitable organizations that make a difference in the lives of individuals and families throughout the Carolinas. Each month, the firm will highlight the groups online and urge others to donate time, money, or whatever they can to these important causes.

“There’s always an opportunity to help,” says Stewart. “Every little bit counts. When we work together, we make our communities a better place to live.”

Interested in participating in the Polar Plunge? There’s still time to do it! Here are the locations for upcoming South Carolina events:

Feb. 29: Lake Wateree State Park, Winnsboro

Feb. 29: Paris Mountain State Park, Greenville

You can also ask your friends, family members, and employers to participate by donating money or sponsoring the Polar Plunge.

About Stewart Law Offices

For decades, Stewart Law Offices has been providing experienced and compassionate legal services to accident victims and their families in South Carolina and North Carolina. The firm’s core practice areas include personal injury, workers’ compensation, car accidents, truck accidents, boating accidents, pedestrian accidents, motorcycle accidents, medical malpractice, dog bite and slip and fall cases.

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Stewart Law Offices Celebrates Its 25th Year Of Business Serving The Community

2020-02-18T14:43:20.388000Z

Community involvement has been a tradition at Stewart Law Offices. To celebrate its 25th anniversary in 2020, the law firm is dedicating each month this year to highlight different charities and organizations in the community. Their goal is to bring more awareness and inspire others to join them in supporting and building better communities across North and South Carolina.

Since being founded in 1995, Stewart Law Offices has dedicated its professional efforts towards helping injured people. But effective representation doesn’t happen without compassion and caring of those in need — and that caring extends far beyond office doors and courtrooms. It flows into the communities they serve. Supporting the community makes everyone involved stronger.

Everyone has an opportunity to be a good citizen. It can start with something as simple as picking up litter on the sidewalk or volunteering time at the local animal shelter. It all adds up.

Expressing gratitude is another way to spotlight the community’s finest. That’s what motivated Stewart Law Offices to launch its annual Teacher Appreciation Awards, which honors teachers throughout North and South Carolina for their hard work and dedication. It’s just one of the firm’s initiatives that will continue in 2020.

Stewart Law Offices knows that 25 years in business would not have been possible without earning the community’s trust. Paying it forward is an honor and responsibility that the entire team at Stewart Law Offices doesn’t take lightly. Stay tuned to learn more about who the firm is highlighting each month.

If you are interested in ways to help or get involved, please contact us for more details.

Check out our Community Giving Back page for more information.

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Stewart Law Firm Cancels Medical Debt in Local Counties

2020-01-14T16:18:30.694000Z

South Carolina Law Firm Changes Lives with Medical Debt Purchases in Local Counties

SOUTH CAROLINA — Stewart Law Offices recently donated $559,202 to alleviate the mountains of medical debt currently burdening families in several South Carolina communities.

The South Carolina personal injury law firm partnered with RIP Medical Debt, a nonprofit organization that collects donations to forgive health care debt for needy people. With Stewart’s contribution, 480 families in Richland, Lexington and Lancaster counties will have a fresh financial start.

The injury attorneys at Stewart Law Offices are no strangers to people in need. With five offices throughout the Carolinas, they represent numerous clients who have been injured in accidents caused by someone else’s recklessness. These accident victims are almost always struggling to afford their accident-related medical expenses, according to Brent Stewart, the firm’s founder.

“Every day, we see people who are struggling with accumulating medical debt and limited means to pay it,” he says. “We see the frustration and hopelessness they feel as they consider whether they can afford to go to the doctor for medical treatment and still put food on the table. We wanted to help.”

Roughly 79 million Americans must choose between paying their medical bills and meeting basic human needs like obtaining food and shelter, according to RIP Medical’s website. Around 450,000 families have had medical debt forgiven thanks to charitable contributions from donors like Stewart Law Offices.

Some people who are injured in accidents have the chance to recover legal compensation that eliminates or reduces their amount of medical debt, says Stewart. But for those who become ill or suffer a medical emergency, a legal settlement or courtroom verdict to offset the cost of their medical treatment may simply not be an option.

For that reason, the personal injury lawyers sought out a new, impactful way to give back to the communities they know and love so well.

“As attorneys, we can and will always advocate aggressively for our clients,” says Stewart. “But our profession is founded on public service — and being able to provide a lifeline for non-clients who are struggling with health care debt is just as important to us. It’s a natural extension of what we do as lawyers.”

About Stewart Law Offices

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The Top 5 Worst Workplace Injuries

2019-12-10T14:59:12.158000Z

Life is never the same for someone who suffers a catastrophic workplace injury. In the span of a few seconds, everything changes. Your health, your livelihood and your quality of life are in jeopardy.

When a workplace accident happens in South Carolina, workers’ compensation laws require most employers to pay 100 percent of the injured employee’s medical expenses, no matter who is at fault.

The workers’ compensation system also provides disability benefits and income replacement if the injury forces an employee to miss work — which is typically the case with the most severe injuries.

If you or a loved one suffered a catastrophic job injury, workers’ compensation benefits can be an essential lifeline during such a difficult time. But obtaining the full and fair amount of benefits that you are entitled to can be a challenge. The experienced workers’ compensation attorneys at Stewart Law Offices can alleviate your burden by helping to prepare your claim for maximum work injury benefits.

What Is A Catastrophic Injury?

There is no legal list of catastrophic injuries. Instead, a catastrophic injury is defined by the impact that it has on a person’s life.

Example: You fell at work and were diagnosed with a concussion, but went back to normal after a couple of days of rest. That is not a catastrophic injury. But if the fall resulted in widespread brain damage that left you unable to speak, read or walk, that counts as a catastrophic injury.

If an on-the-job accident caused an injury that permanently prevents you from working, then you have likely suffered a catastrophic injury.

Top 5 Worst Workers’ Compensation Injuries

Thankfully, most job injuries (while painful) do not have lifelong consequences. Some of the most devastating injuries include:

Spinal cord injury: Severe damage to the spinal cord can cause permanent paralysis and other medical problems. The lifetime direct costs of caring for someone who suffered a spinal cord injury at the age of 25 is between $2.1 to $5.4 million, according to the National Spinal Cord Injury Statistical Center.

Traumatic brain injury (TBI): Employees may suffer brain injuries from falls, job-related auto accidents or being struck by an object. Estimates show that it can cost anywhere from $85,000 to $3 million in lifetime treatment costs for a person with a TBI.

Loss of limb: Getting a body part caught or crushed in a piece of equipment is a frequent cause of amputation from workplace accidents. Prosthetics make it possible for amputees to accomplish many feats. But they cannot enable a person to do everything the way they could before the injury.

Burns: Thermal or chemical burns caused by explosions or fires can lead to permanent disfigurement, blindness, scarring, infections, inability to regulate body temperature and the need for lifelong surgeries.

Toxic exposure: Exposure to dangerous chemicals can put workers at risk of developing serious and permanent illnesses, including respiratory diseases such as asbestosis, mesothelioma and other cancers.

The Bureau of Labor Statistics reported than more than half of all South Carolina workplace accidents in a recent year were “of a more severe nature,” requiring days off work, transfers or other restrictions.

Contact A South Carolina Workers’ Compensation Lawyer Today

If you’ve been injured at work, the workers’ compensation attorneys at Stewart Law Offices can help. We serve clients throughout South Carolina and select areas of North Carolina.

For a free consultation with one of our compassionate lawyers, contact us today.

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Bullying Bosses Can Make Workplaces More Dangerous

2019-11-16T21:04:48.489000Z

Bullying bosses can certainly make a workplace unpleasant. But they can also increase the likelihood of workplace accidents and job injuries, according to findings from a Portland State University study.

Surveys of airline workers and manufacturing technicians revealed that abusive treatment from superiors inadvertently caused workers to neglect safety in ways that could endanger themselves and others.

Why? Employees who are routinely bullied by their bosses tend to lose their sense of belonging in the work group. This causes them to become more self-centered and less focused on overall safety. As a result, they pay less attention to workplace hazards, putting themselves and their colleagues at risk of injury.

Not only that, bullying can also increase the chances of workplace violence due to an employee’s diminished sense of self-worth.

The study underscores the devastating impact that stress can have not just on an individual worker, but on the entire workplace as a whole.

Stress and Workplace Accidents

Job-related stress can be attributed to 80 percent of workplace accidents, according to the American Psychological Association.

People who are bullied are more likely to be distracted at work. The Workplace Bullying Institute found that 37 percent of Americans have been affected by abuse at work, either by being the direct target of the bullying or a witness to it.

Put another way, bullying has kept more than one-third of American employees from paying attention to their jobs. In particularly hazardous work environments, such as a construction site, this amount of distraction can easily turn deadly.

Can S.C. Employees Get Workers’ Compensation for Job-Related Stress?

Making a workers’ compensation claim for a mental injury like stress is possible in South Carolina, but getting benefits can be tricky. Convincing an insurance company that bullying is a valid reason to compensate for the injury could be an uphill battle.

South Carolina law states that stress (with no other physical injury) can be covered under workers’ compensation if:

The employee’s job situation that led to the stress injury was extraordinary and unusual compared to the normal work environment

There is medical evidence connecting the stressful work conditions to the employee’s mental distress

If you’ve been bullied on the job and are diagnosed with work-related stress, the best way to find out whether you may be entitled to workers’ comp benefits is to talk to an experienced workers’ compensation attorney.

Contact A Compassionate South Carolina Workers’ Compensation Lawyer

Employees have the right to a workplace that is safe not only from physical hazards, but also emotional ones. If you are suffering from a job-related psychological injury, let the dedicated attorneys at Stewart Law Offices help you.

Our devoted workers’ comp attorneys treat clients like family. Just as we would never abandon a loved one during a time of need, we can make sure that you don’t have to navigate the workers’ compensation process alone.

Not sure if you have a valid claim? No problem. Our workers’ comp attorneys provide free consultations to all potential clients. Call or contact us today to arrange yours.

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Wrongful Death And Workers’ Compensation In N.C.

2019-11-14T19:10:48.236000Z

Losing a loved one in a workplace accident is something that no family is ever prepared for. The death can have a devastating impact on all who depend on the family member for love, care and financial support.

Most employers in North Carolina have workers’ compensation insurance that provides death benefits if an employee dies from a work-related injury or illness. Death benefits can be a source of valuable financial assistance for families in the midst of tragedy. But understanding how to apply and obtain workers’ compensation benefits can be challenging, especially while you’re trying to cope with such a great loss.

Let a compassionate North Carolina workers’ compensation attorney from Stewart Law Offices help you through this difficult time. Our experienced legal team can help you apply for benefits, handle any appeals and investigate whether any other parties may be held liable for your family member’s death.

Contact our skilled workers’ comp attorneys today for a free consultation.

Is Wrongful Death Covered Under N.C. Workers’ Compensation Laws?

The North Carolina workers’ compensation system provides for death benefits when a work-related injury or disease contributes to a worker’s demise, even if the incident was not the sole cause of death. Death benefits are also available if the job aggravated a previously existing condition and led to death.

Workers’ compensation benefits may even be paid when the cause of the worker’s death is unknown, but still occurred within the scope of employment. This is called the “Pickrell presumption.”

What Benefits Are Available In A Wrongful Death Workers’ Comp Claim?

Benefits in North Carolina amount to two-thirds of what the worker was getting paid weekly when the illness or accident occurred, up to a cap that changes each year. Benefits are paid weekly for 500 weeks, except:

If benefits go to dependent children, they’re paid until the children turn 18.

If the deceased’s spouse can’t support themselves due to a disability, then benefits are paid as long as the spouse is alive or until they remarry.

Benefits also cover funeral and burial expenses up to $10,000, even if the person had no dependents or next of kin.

How Long Do I Have To File A Wrongful Death Claim In N.C.?

To file a claim for death benefits under North Carolina’s workers’ comp system, the worker’s wrongful death must have happened no more than six years after their injury or illness or within two years of their final disability determination, whichever is later.

Survivors must inform the worker’s employer within 30 days of his or her death by filing a “Notice of Accident” with the North Carolina Industrial Commission (NCIC) and sending a copy to the employer. Survivors have two years to file for workers’ comp benefits.

How Can Stewart Law Offices Help Me?

The N.C. workers’ compensation system has specific procedures that must be followed before benefits can be paid. Survivor’s claims are often denied if the appropriate paperwork isn’t filled out correctly or filed on time, which can easily happen when you’re focused on picking up the pieces after your loss. One of the experienced workers’ compensation attorneys at Stewart Law Offices can take over this process for you so that your claims are prepared properly and submitted on time.

If a family member died while working, you may have the right to death benefits to help in the aftermath of your loss. Call or contact us today to set up a free consultation.

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JUUL, E-Cigarette Products Under Investigation By CDC

2019-11-13T19:06:13.782000Z

When JUUL e-cigarettes were first released onto the market, they were touted as a safe alternative to traditional cigarettes. New evidence indicates that is not the case. At least 34 people in 24 states have died after using e-cigarettes from numerous manufacturers, according to the most recent data from the Centers for Disease Control and Prevention (CDC).

In addition, the CDC has recorded more than 1,600 cases of lung diseases related to e-cigarette use, also known as vaping. The trend is so concerning that the agency is publishing updates to the statistics every week.

Lawsuits against JUUL Labs have been filed by users (including parents or guardians of teenagers who used JUUL products), alleging that the devices and their flavors are dangerous. If you or a family member has been diagnosed with an illness caused by vaping, the JUUL injury attorneys at Stewart Law Offices can advise you of your legal options.

What is JUUL?

A JUUL is a type of e-cigarette. The device heats a liquid containing nicotine (the addictive ingredient in cigarettes) into an aerosol that users can inhale into their lungs. This process is called vaping, although no vapor is created.

Today, e-cigarette manufacturers are widely criticized for developing products that are getting children and teens hooked on nicotine unknowingly. The liquids come in a number of flavors, many of which cater to a youth market. Examples include graham cracker, fruit, candy, gummy bear and unicorn.

Are JUUL Devices Dangerous?

Although all vaping products are risky, JUUL devices are considered particularly dangerous. The liquid produced by JUUL Labs has five percent nicotine, more than twice the amount found in other e-cigarettes. This makes them much more likely to be addictive.

In addition, the amount of nicotine in one JUUL pod is equivalent to one pack of cigarettes. Teenagers often use multiple pods in one sitting, meaning they are inhaling extremely high levels of nicotine at once.

E-Cigarette Statistics

The statistics surrounding e-cigarette use are alarming, showing a lack of public awareness about the products and their dangers.

For example:

36 percent of e-cigarette users thought that the devices were less harmful than cigarettes.

60 percent of teenagers in a recent study believed e-cigarettes contained mostly flavoring ingredients, not nicotine.

Another survey shows that nearly a quarter of high school seniors in the U.S. have vaped within the last 30 days.

98.7 percent of all e-cigarettes sold in retail stores contain nicotine. Others contain THC, the addictive ingredient in marijuana.

Symptoms of E-Cigarette Illnesses

Like cigarettes, JUULs and other e-cigarettes typically affect the lungs. The main symptoms associated with vaping diseases include:

Coughing

Shortness of breath

Tightness in the chest

Wheezing

Fatigue

Fever

Weight loss

The full range of illnesses caused by e-cigarettes is not yet known. However, vaping has been linked to irreversible lung damage and pulmonary disease.

Can I Sue JUUL?

Lawsuits have already been filed against JUUL Labs. In addition to deceptive marketing practices, other pending cases are related to defective ion-based batteries and injuries caused by exploding JUUL devices.

If you believe that you have an injury claim against JUUL, you should contact our knowledgeable e-cigarette attorneys to learn your legal rights.

How Can Stewart Law Offices Help Me?

JUUL lawsuits are complicated, particularly because U.S. officials have not yet isolated what is causing people to develop vaping-related lung diseases. But that shouldn’t discourage you from seeking legal advice.

At Stewart Law Offices, our hardworking JUUL injury attorneys will listen to your story, examine the facts and help determine whether you could be entitled to financial compensation.

Call or contact us today for a free consultation.

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North Carolina Workers’ Compensation Guide

2019-11-12T17:02:05.130000Z

The experienced North Carolina workers’ compensation attorneys at Stewart Law Offices fight for the rights of employees who are injured at work or diagnosed with a job-related disease. Call or contact us today to learn how we can build a workers’ compensation claim that demands maximum benefits for your injuries and losses.

What is Workers’ Compensation?

North Carolina workers’ compensation (or “workers’ comp”) provides medical coverage, wage reimbursement and other non-monetary benefits to workers who are involved in workplace accidents or diagnosed with an occupational disease. North Carolina employers with three or more employees are required to carry workers’ compensation coverage, with certain exceptions.

Who Handles North Carolina Workers’ Compensation Claims?

The North Carolina Industrial Commission (NCIC) oversees the state’s workers compensation system. Its deputy commissioners and commissioners are in charge of resolving disputes between injured workers, employers, and employers’ insurance companies over access to appropriate workers’ compensation benefits.

Workers’ Comp Statute of Limitations in NC

Workplace injury: 2 years from date of injury

Occupational disease: 2 years from date of diagnosis

Death benefits: 2 years from date of death

Failure to file on time can bar a workers’ compensation claim forever.

Notification Requirements for Workers’ Compensation

Worker must report the injury to employer within 30 days

File a Form 18 —Notice of Accident to Employer and Claim of Employee with the N.C. Industrial Commission (provide copy to employer)

Employer has 5 days from the date of injury or allegation of injury to file a Form 19 — Employer’s Report of Injury to Employee with its insurance carrier

Filing Requirements

All forms and documents must be filed with the NCIC electronically

Employer Response to Claims

Employer/insurance carrier has 30 days to admit, deny or pay the claim without prejudice (by completing Form 60, 61 or 63, whichever is appropriate)

Employee must receive written explanation for denial of benefits within 14 days of receipt

Average Weekly Wage (AWW)

Calculated by totaling the amount of wages for 1 year prior to injury and dividing by 52

If employee worked less than one year, divide wages by the number of weeks worked

Any period in which employee missed more than 7 consecutive calendar days of work not included in calculation

Workers’ Comp Claim Compensation Rates

Calculation: 66⅔ percent of average weekly wage not exceeding the state’s maximum rate

Maximum rate: Adjusted annually ($1,028 for 2019)

Minimum rate: $30 a week

Mileage: Reimbursed for medical treatment more than 20 miles from home (Also adjusted annually — 58 cents per mile for 2019)

Other costs: Travel, hotel and food costs may also be reimbursed

Waiting Period For Payment

Must wait 7 days before benefits (aside from medical expenses) can be paid

If you are out of work for more than 21 days, you will be reimbursed for the first 7 days

Payments made weekly unless NCIC directs otherwise

Medical Benefits For Eligible Workers

Covered costs: Employer must pay for medical treatment that can cure an injury, relieve pain or help the employee get back to work. Includes payment for medical conditions that are a “direct and natural consequence” of job injury.

Handling Workers’ Comp Disputes in North Carolina

If medical treatment and wage reimbursement does not happen promptly, employee can call the insurance carrier or request a hearing with the NCIC by filing a Form 33 — Request That Claim Be Assigned for Hearing

Types of Disability Benefits

Temporary Total Disability (TTD)

For workers who are totally disabled (but temporarily) after a workplace accident

66⅔ percent of AWW wage not exceeding the state’s maximum compensation rate

Limited to 500 weeks for accidents occurring after 6/24/11; no cap on claims before that date

Benefits still payable while employee is authorized to return to work but with restrictions

Temporary Partial Disability (TPD)

Paid when healing worker can return to work but will be earning lower wages

66⅔ percent of difference between AWW pre-injury and AWW post-injury, not to exceed state maximum

Limit of 300 weeks for injuries before 6/24/11; 500 weeks for injuries after 6/24/11

Permanent Total Disability (PTD)

For employees who can never work again

Medical compensation and 66⅔ percent of AWW paid for lifetime of employee

Certain injuries are automatically considered PTD, including loss of both: Hands, arms, feet, legs, eyes, and any combination of two of the above.

May also include some traumatic brain injuries, paralysis and severe burns to 33 percent or more of the body

Permanent Partial Disability

Payable to workers who have reached maximum medical improvement (MMI) but continue to have impairments to “scheduled” body parts according to N.C. workers’ comp law (N.C.G.S. §97-31)

MMI is determined by doctor and worker is assigned rating that represents percentage of loss of use

Scheduled body parts are entitled to benefits for a set number of weeks based on the percentage

Scheduled Members and Body Parts

Injury to Compensation (Weeks)

Arm – 240

Back- 300

*If loss of use is more than 75 percent Total disability — 100 percent loss

Ears:

One ear – 70

Both – 150

Eye – 120

Fingers*:

Thumb – 75

First (index) – 45

Second – 40

Third – 25

Fourth (little) – 20

*Loss of first phalange of thumb/ finger counts loss of half of affected digit and compensation will be for one-half the weeks specified

Foot – 144

Hand – 200

Leg – 200

Toes*:

Great – 35

All others – 10

*Loss of first phalange of any toe counts loss of half of affected digit and compensation will be for one-half the weeks specified

Serious head or facial disfigurement – Up to $20,000

Serious bodily disfigurement – Up to $10,000

Loss/permanent injury to any important organ – Up to $20,000

NC Workers’ Compensation Death Benefits

Death must be a compensable injury

Must occur within 6 years of date of accident or onset of disability, or within 2 years of a final determination of disability by NCIC (whichever is later)

Payable to dependents of employee, with burial expenses not exceeding $10,000

500 weeks after death for claims after 6/24/11; some exceptions apply

Contact the N.C. Industrial Commission

Mailing Address

1240 Mail Service Center

Raleigh, NC 27699-1240

Physical Location

430 N. Salisbury St.

Raleigh, NC 27603

NCIC Main Phone Number*

(919) 807-2501

(800) 688-8349

*Press 1 to find out the status of Form 18, 19 or to learn your NCIC File Number

*Press 3 for claims or procedure questions

*Press 0 for general questions

Fax Number

(919) 715-0282

Email: infospec@ic.nc.gov

Important N.C. Workers’ Compensation Forms

Form 18 — Notice of Accident to Employer and Claim of Employee

Form 19 — Employer’s Report of Injury to Employee

Form 22 — Statement of Days Worked and Earnings of Injured Employee

Form 23 — Application to Reinstate Payment of Disability Compensation

Form 24 — Application to Terminate or Suspend Employee’s Workers’ Comp Benefits

Form 25N — Notice to NCIC of Assignment of Rehabilitation Professional

Form 25P — Itemized Statement of Charges for Drugs

Form 25PR — Request for Preauthorization of Medical Treatment

Form 25R — Evaluation of Permanent Impairment

Form 25T — Itemized Statement of Charges for Travel

Form 26A — Employer’s Admission of Employee’s Right to Permanent Partial Disability

Form 28 — Return to Work Report

Form 28B — Report of Employer or Carrier of Compensation and Medical Compensation Paid and Notice of Right to Additional Medical Compensation

Form 28C — Report of Employer or Carrier of Compensation Paid Pursuant to a Compromise Settlement Agreement

Form 28T — Notice of Termination of Compensation by Reason of Trial Return to Work

Form 28U — Employee’s Request that Compensation be Reinstated After Unsuccessful Trial Return to Work

Form 30 — Agreement for Compensation for Death

Form 33 — Request That Claim Be Assigned for Hearing

Form 33R — Response to Request for Hearing

Form 60 — Employer’s Admission to Employee’s Right to Compensation

Form 61 — Denial of Workers’ Compensation Claim

Form 62 — Notice of Reinstatement or Modification of Compensation

Form 63 — Notice to Employee of Payment of Compensation Without Prejudice or Payment of Medical Benefits Only Without Prejudice

Form 90 — Report of Earnings

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via Blog https://www.stewartlawoffices.net/blog/north-carolina-workers-compensation-guide/

Red Light Accident Deaths Reach 10 Year High

2019-11-11T18:21:27.686000Z

A recent study by the AAA Foundation for Traffic Safety found deaths caused by drivers breezing through red lights are the highest they’ve been in a decade.

Data from the report shows that red-light crashes have increased by 28 percent since 2012. Almost 30 percent of fatalities that occur at intersections are caused by a driver running a red light.

There is no excuse for ignoring a red light. If have been injured in a red-light crash, you could be eligible for significant compensation. The experienced car accident attorneys at Stewart Law Offices can help determine whether you have a claim and pursue maximum compensation for your losses.

With offices in both South Carolina and North Carolina, Stewart Law Offices represents clients in a wide variety of car accident and personal injury claims. Call or contact us today for a free consultation.

Red-Light Accident Injuries

Running a red light can result in severe and sometimes fatal injuries. Nearly 900 people nationwide were killed when someone drove through a red light in a recent year.

Red-light accidents are particularly dangerous because they tend to happen at higher speeds. The greater the speed, the more violent an accident can be. Some of the most common injuries include:

Broken bones

Whiplash

Traumatic brain injuries

Soft tissue injuries

Back injuries

Cuts and bruises

Chest and torso injuries

Being injured in a car accident often means costly medical bills, missed work, rehabilitation and significant property damage. For most people, these sudden and unwelcome expenses can create hardships that victims should never have had to endure.

A hardworking car accident attorney at Stewart Law Offices can work to reduce those burdens by seeking full and fair compensation for your injuries.

Getting Hit By Someone Running A Red Light

The first step towards compensation is by filing an auto accident claim with the at-fault driver’s insurance company. It’s a good idea to contact a skilled South Carolina car accident attorney like the ones at Stewart Law Offices before making that call.

Here’s why:

Insurance companies look out for themselves. Although adjusters sound sympathetic, they will be looking for ways to discredit your claim in order to deny you a fair settlement offer.

Having an attorney sends a message. Accident victims with a lawyer by their side sends the message that they will not be taken advantage of.

A lawyer knows how to place a fair value on your claim. Making the most of your compensation means taking current losses into account, but also anticipated future needs. Our attorneys consider every potential expense that could be a consequence of the accident.

Red Light Accident Compensation

If you are unable to recover full and fair compensation from the insurance company, you also have the option of filing a lawsuit against the driver who ran the red light.

Compensation can provide payment for losses like medical bills, lost wages and pain and suffering. In rare cases, victims may also be entitled to punitive damages intended to punish a driver for a particularly reckless act.

What Causes People to Run Red Lights?

As many as one out of every three drivers in the AAA study admitted to running a red light within the last 30 days. Most often, drivers run red lights because they are in a hurry or because they are distracted.

Whether it was intentional or not, a person who is injured by a driver who ran a red light should still consider scheduling a free consultation with one of Stewart Law Offices’ dedicated attorneys. Determining who is at fault is an essential component in any car accident claim, and the laws are different in the Carolinas when it comes to your legal rights.

How Can Stewart Law Offices Help Me?

If you were hit by a driver who ran a red light, the attorneys at Stewart Law Offices can launch an immediate investigation into your claim to determine what happened and who should be held responsible. Then we will collect the evidence necessary to build a strong case on your behalf, all with as little disruption to your life as possible.

To learn how we can help, contact Stewart Law Offices today.

The post Red Light Accident Deaths Reach 10 Year High appeared first on .

via Blog https://www.stewartlawoffices.net/blog/red-light-accident-deaths-reach-10-year-high/

Car Alarms to Prevent Child Heatstroke Deaths

2019-11-08T17:35:16.967000Z

Carmakers Agree to Add Alarms to Prevent Child Heatstroke Death

Every summer, news headlines deliver the tragic news that a child has died after being left in a hot car. This phenomenon, sometimes called forgotten baby syndrome, happens when a parent or caregiver either accidentally or intentionally leaves a young child in vehicle in sweltering temperatures.

The Alliance of Automobile Manufacturers and the Association of Global Automakers has committed to adding rear seat reminder systems or alarms to lessen the likelihood of hot car deaths. Industry efforts aimed at hot car death prevention will include various “baby in car reminder” alarms or other approaches to help adults remember to check the back seat before exiting their vehicles.

The alliance suggests that vehicles become equipped with a baby car seat alarm system that will include a combination of auditory and visual alerts that will activate after a driver turns off the vehicle.

All motor vehicles are expected to have a similar car seat warning system for model year vehicles 2025 and after.

Hot Car Death Statistics

The number of young children left in cars each year is staggering. Consider these statistics from the National Safety Council (NSC):

Nearly 50 children under the age of 15 died in hot cars in 2019.

Every state has experienced at least one hot car fatality over the last years.

Some states have higher rates of hot car deaths than others, especially Texas, Florida, North Carolina, Georgia and California.

2018 had a record number of hot car deaths, with a total of 53.

How Do Parents Forget Their Children in Cars?

There are numerous reasons that parents can forget their kids in the back seat, but often it is a combination of stress and distraction. It is never appropriate to leave a child in a car alone under any circumstances, even for a few minutes.

Keeping a car’s windows open or cracked doesn’t make much difference in terms of protection, either. A study from the American Academy of Pediatrics found that in either situation, the interior temperature of a car can jump 40 degrees even when outdoor temperatures are a mild 72 degrees.

In addition, a child’s body is not able to regulate temperature as well as an adult’s, putting them at significant risk of heat stroke.

What Happens If a Baby is Left in the Car Too Long?

If a child is left in the car for too long, he or she can experience heat stroke, which can be fatal. Symptoms of heatstroke in children includes but is not limited to:

Fatigue or weakness

Dizziness

Nausea or vomiting

Headache

Heat cramps in the abdominal muscles, arms or legs

Disorientation

Seizures

Lack of sweating

Shortness of breath

Unconsciousness

Heat exhaustion or heat stroke needs to be treated by a medical professional immediately. It is essential to take action to lower the child’s body temperature by providing cold drinks, removing clothing and applying cool water to the skin until emergency help arrives.

How Can a Wrongful Death Attorney Help?

Depending on the circumstances of your case, it may be possible to take action against a person or entity (e.g., a daycare) who negligently left your child in a hot vehicle. In the case of a hot car death, a wrongful death lawsuit could provide compensation for medical expenses, funeral and burial costs, pain and suffering and possibly punitive damages.

Parents may also be able to file a personal injury action if their child was left in a hot car and survived. Overheating is more than just a simple case of dehydration. Heatstroke can result in permanent physical damage, including brain injuries. An experienced personal injury attorney can help families decide their next step if their child was left in a hot car.

How Can Stewart Law Offices Help Me?

If your child sustained injuries in a hot car death of another party’s negligence, you deserve to be compensated for your family’s suffering. Talk to one of the compassionate South Carolina attorneys at Stewart Law Offices. Although compensation cannot possibly make up for the loss of a child, it can help manage financial burdens that arise from the event and hold the reckless party accountable for their actions.

The post Car Alarms to Prevent Child Heatstroke Deaths appeared first on .

via Blog https://www.stewartlawoffices.net/blog/car-alarms-to-prevent-child-heatstroke-deaths/

What Types of Injuries Are Covered Under S.C. Workers’ Compensation Laws?

2019-11-05T18:18:08.949000Z

Injured employees in South Carolina are sometimes surprised to learn that their injuries or illnesses are not covered by workers’ compensation. It’s a distressing discovery, especially when the worker is suffering from an injury or disease that is costly to treat or will have a long recovery period.

The experienced workers’ compensation attorneys at Stewart Law Offices believe that all hardworking S.C. employees deserve to know their rights after a workplace accident. Here’s a list of the types of injuries that typically are — and are not — covered under the state’s workers’ compensation laws.

Examples of Injuries That Are Covered In S.C. Workers’ Compensation Claims

In South Carolina, any injury that you sustain while performing duties within the scope of your employment should be covered by workers’ compensation, regardless of who is at fault. Workers’ comp provides payment for medical bills and partial wage reimbursement while the employee is healing.

Examples of injuries that could entitle you to South Carolina workers’ compensation benefits include:

Overexertion

Falls

Struck by an object

Crush injuries

Burns

Repetitive motion injuries

Occupational illnesses

Auto crashes

Stress-related or emotional conditions

Workplace violence

Although these injuries should be covered by workers’ compensation insurance, it’s not always easy for employees to secure these benefits on their own. Our workers’ comp attorneys strive to help clients get the full and fair amount of benefits that they deserve.

South Carolina Workplace Injuries That Are NOT Covered

Certain injuries are not covered by workers’ compensation in South Carolina, such as:

Injuries that are easily treated with basic first aid

Injuries that occur outside of your scope of employment (e.g., a car accident while you are commuting to work)

Damage that you deliberately inflict upon yourself

Injuries caused while you were under the influence of drugs and alcohol

Although your own negligence won’t necessarily bar you from receiving workers’ compensation benefits, many claims have been denied due to an employee’s misconduct. However, you should contact a knowledgeable workers’ comp attorney at Stewart Law Offices before assuming your own actions are the sole reason that you were injured.

Sometimes there are multiple reasons for why an accident occurs. An independent investigation by our lawyers can help identify whether someone else could be held liable for the accident that injured you.

How We Can Help

At first glance, South Carolina’s workers’ compensation rules make it sound like obtaining benefits will be easy. Unfortunately, that’s not always the case.

Workers’ compensation is provided by insurance companies that prioritize their own profits over the health of employees. As such, they regularly deny or diminish employees’ claims.

At Stewart Law Offices, our South Carolina workers’ compensation attorneys can assist you through the entire claims process. Having legal representation can prevent you from being treated unfairly and improve your chances of getting the benefits you need to recover from your injuries.

Call or contact us today for a free consultation.

The post What Types of Injuries Are Covered Under S.C. Workers’ Compensation Laws? appeared first on .

via Blog https://www.stewartlawoffices.net/blog/what-types-of-injuries-are-covered-under-workers-compensation/

Stewart Law Offices - Spartanburg

2019-11-01T06:51:18.558000Z

Brent Stewart
409 South Pine St,
Spartanburg, SC 29302, United States
Phone: 704-521-5000
Email: brent@stewartlawoffices.net
Web: https://www.stewartlawoffices.net
Map: https://goo.gl/maps/77Tdeee82Sj9xdoK8

The Charlotte personal injury attorneys of Stewart Law Offices seek just compensation for accident and injury victims and their loved ones. Our practice areas include Car Accidents, Motorcycle Accidents, Truck Accidents, Workers’ Comp, Medical Malpractice, and Wrongful Death

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