Carolina Accident Lawyers

FAQs: Filing a Workers’ Compensation Claim in South Carolina

FAQs: Filing a Workers’ Compensation Claim in South Carolina

FAQs: Filing a Workers’ Compensation Claim in South Carolina

Rock Hill, SC Personal Injury Lawyer

In South Carolina, workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees that are injured while on the job. In exchange for these benefits, the employee gives up his or her right to sue their employer in negligence. Employees who are injured while working in South Carolina or develop an illness as a result of their working environment are eligible to collect benefits under the state’s workers’ compensation system.

What body of law governs workers’ compensation in South Carolina?

The South Carolina Workers’ Compensation Commission has been granted statutory authority to create and administer the state’s workers’ compensation regulations. The Commission decides the procedure to be followed in order to file a claim and to achieve a hearing. Visit their website for more information.

Who will pay my workers’ compensation benefits?

Any employer in South Carolina with more than with employees must purchase workers’ compensation insurance from a licensed insurance company.  The insurance company will then pay you on behalf of your employer.

How do I file a claim?

Usually, an employer requires you to inform them directly after you have been injured on the job or develop an illness.  You must give your employer notice of the injury within 90 days or risk losing your right to any benefits. The employer is then required to fill out a First Report of Injury form and file it with the Commission.

What if my employer refuses to report the accident to the Commission?

If your employer does not report the accident to the Commission, you will need to file a claim with the Commission yourself. You will need to fill out an Employee’s Notice of Claim form and pay a $25.00 fee in order to file the notice. You have two years in which to file your claim.

What type of medical care am I entitled to?

You are entitled to medical care for all reasonable work-related injuries or illnesses. All necessary treatments will be paid for by your employer’s workers’ compensation policy. However, in South Carolina, your employer and their insurance carrier have the right to choose what doctor you are treated by. You may not be able to see your own doctor. If you choose to see your own doctor, your treatments will not be paid for under the workers’ compensation program.

Can I collect benefits for punitive damages?

Punitive damages are often awarded in negligence cases to compensate for things like pain and suffering. Under a workers’ compensation claim you are not entitled to punitive damages. When you file a workers’ compensation claim you are giving up your right to sue your employer for negligence and thus may not collect punitive damages.

How will I be compensated for my lost wages?

If you are unable to work because of a work-related injury or illness, you will be paid the wages you would have earned while you recover. You will receive 66 2/3% of your average weekly wages and this will continue until your doctor “releases” you, or approves your going back to work.

Workers’ compensation insurance exists in order to provide for both you and your family after you are injured on the job.  The process is complex and time consuming, especially at a time when you are not feeling your best. If you have been hurt on the job, contact the personal injury attorneys at Bice Law today. Your consultation with one of our skilled attorneys is free and will help to get you on the road to recovery.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

Tripping at Work Can Be Compensated Through Workers’ Compensation

Even Tripping at Work Can Be Compensated Through Workers’ Compensation

Rock Hill, SC Personal Injury Lawyer

In two decisions handed down by the South Carolina Supreme Court, the court held that workers who suffer an injury at work – even if that same injury could have happened someone other than work – can receive workers’ compensation benefits.  In both cases, the injured plaintiffs had tripped and fallen while at work, suffering injuries. Both workers had their claims initially denied on the grounds that the workers’ accidents could have happened anywhere and there was nothing specific or notable about the walking surfaces or hallways that contributed to the accidents. But the South Carolina Supreme Court disagreed, holding that all that was required in order for a worker to receive benefits was a causal connection between a worker’s employment and his or her injuries.

Facts of the Cases

In the first case, an administrative assistant was walking down a hallway in order to check the e-mail of a co-worker when she tripped and fell. In the second case, a supervisor for the South Carolina Department of Social Services was walking to a meeting when she also tripped and fell in a hallway, suffering injuries. In the first instance, the administrative assistant’s claim was denied on the grounds that her employer was not to blame for her accident. The other woman’s claim was denied after a workers’ compensation commissioner found that the injury could have been sustained anywhere, and there was nothing special or noteworthy about the floor at her workplace that would have made a tripping accident more likely.

What Then Do I Need to Show to Get Workers’ Compensation Benefits?

In both instances, the South Carolina Supreme Court held that all that a workers’ compensation plaintiff must show in order to receive benefits is a “causal connection” between the plaintiff’s injuries and his or her employment. It does not matter how accident-prone the plaintiff is or whether the injury is of a kind that could also be suffered at home or at a grocery store (for instance).

In some cases, showing this connection is relatively straightforward. In each of the two cases, for example, the plaintiffs were injured while they were at their workplace and on their way to accomplish some work-related task. In other cases, however, showing the “causal connection” can be more difficult.

Do I Need a South Carolina Workers’ Compensation Attorney?

While you do not need a South Carolina workers’ compensation attorney to file for benefits, retaining one can increase your chances of recovering benefits quickly. An attorney can review the facts of your claim and help you complete the necessary paperwork. If difficulties arise in your case – if, for instance, a commissioner states your injury is not work-related – an attorney can argue for benefits on your behalf.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Childcare and Daycare Neglect

Share

Childcare and Daycare Neglect

Charlotte, NC Personal Injury Lawyer

NBC Charlotte reported that a daycare center in Rock Hill, South Carolina that was under investigation after a child at the center came home with unexplained scratches and marks around his nose and eyes.  The child’s mother alleges her child also had inexplicable bruising and that an employee of the daycare center caused the mystery injuries. The South Carolina Department of Social Services has launched a full inquiry into the treatment of children under the care and supervision of the center.

Unfortunately, the maltreatment of children by childcare and daycare centers does occur in this country, sometimes with catastrophic consequences for the child and their families.

What is Childcare Neglect?

The South Carolina’s statutory code governs childcare centers in this state. It provides the proper practices and standards by which all facilities and centers must abide, including licensing requirements and employee hiring guidelines.

When a childcare center, or one of its employees, fails to act with the reason and responsibility of an ordinary adult with regard to a child’s care, and a child is hurt or harmed, the center may be found negligent.  Further, criminal charges may be in order based on the circumstances of the case buy levitra vardenafil.

Failure to adhere to the statutory guidelines provided by the state listed within the statute may be enough to hold a childcare center negligent in their care of children. For example, if the center creates a dangerous playground environment or unsafe napping situation for a child, they may be held liable. Further, an inadequate hiring process that places children in the care of a dangerous individual may be considered childcare neglect.

How to Recover for Suspected Childcare Neglect?

South Carolina’s statutory code governing negligence controls recovery in childcare neglect cases. In order to establish that a childcare center was negligent, all four of the follow requirements much be demonstrated:

  1. A duty of care was owed to the child from the center;
  2. The center breached that duty of care;
  3. The breach of care by the center caused the child’s injury; and
  4. Damages were incurred.

If all four requirements are met, a family may be able to recover monetarily for the injuries sustained by the child.

Tips for Securing Safe Childcare for Children

Parents who practice common sense and keep their eyes open should have no problem securing safe and adequate care for their children.  Here are a few helpful tips for spotting a safe childcare center:

  • Always take a tour of the center or facility prior to enrolling your child
  • Interview the center’s staff and ask questions about their background
  • Pay attention to the child-to-caregiver ratios at the center
  • Find out what the licensing requirements for the centers are
  • Ask your child about their day at the center and listen to how they respond
  • Ask friends or family for childcare recommendations

Childcare neglect is a very serious allegation that carries very serious consequences.  Your children are so very precious to you and the attorneys at Bice Law, LLC understand that special relationship. If you or someone you know may have experienced childcare neglect or any other type of serious injury, contact an attorney today for a free consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

 

Share
Share this article on Social Media!

What is a Wrongful Death Case?

Charlotte, NC Wrongful Death Lawyer

Anytime a loved one passes, the remaining family members can be expected to experience a wide range of emotions. This is especially true when a loved one passes because of the acts or carelessness of another person. When this happens, surviving family members face a myriad of stresses: the pain and grief associated with losing a loved one, the panic and anxiety about how to pay for the deceased’s final medical treatments and funeral expenses, and the uncertainty of living without the deceased’s income all prey on the minds of the surviving family members.

If your loved one is killed because of someone else’s negligence, it is important to know that the law allows you and other surviving family members to bring a lawsuit against the person or entity responsible for the death.

Basics of a Wrongful Death Suit

In a wrongful death suit, a personal representative of the deceased brings a lawsuit on behalf of the deceased against the individual or entity responsible for causing the death. The personal representative can be the person’s executor or executrix (if the person had a will and designated such a person) or a surviving adult family member.

The lawsuit must be filed within two years of the date of the person’s death in North Carolina (three years in South Carolina); after this time, the courts will generally refuse to hear the case due to the expiration of the statute of limitations.

To succeed in a wrongful death lawsuit, the plaintiff (the representative of the deceased) must show by a preponderance of the evidence that the deceased’s death was caused by the negligence or intentional act of another.

What Can I Recover from a Wrongful Death Suit?

If a wrongful death lawsuit is successful, the personal representative can recover expenses such as:

  • Expenses for any medical care or hospitalization the deceased incurred as a result of the injury that ended in death;
  • Reasonable funeral expenses;
  • Damages to compensate for the reasonable earning potential of the deceased;
  • Damages to compensate for the loss of comfort and companionship of the deceased; and
  • Any punitive damages the decedent could have recovered.

Do I Need a North Carolina or South Carolina Wrongful Death Attorney?

While you do not need the assistance of an attorney to file a wrongful death suit, choosing to have an experienced North Carolina or South Carolina wrongful death attorney on your side can make a huge difference. Not only are such attorneys familiar with what needs to be shown in order to recover compensation and what sort of evidence meets this burden, but they can also help you navigate the challenges of this difficult time.

At Bice Law, LLC, we know and understand the difficulties presented by a loved one’s unexpected passing. We stand ready to help you get the compensation you and your family deserves and hold those responsible for your loved one’s death accountable. Contact us at (855) 5-BICE-LAW today for a free consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Proving a Slip and Fall Case

Charlotte, NC Slip and Fall Injury Lawyer

Were you injured on someone else’s property, and have proof that you were not at fault? Consider the following 6 key factors to increase the odds of winning your personal injury case, and then contact a good personal injury lawyer in Charlotte without delay.

Contact the Slip and Fall Injury Law Firm of Bice Law

If you have suffered injury or harm in a trip and fall or slip and fall accident at someone else’s property or business, take the first step to protect your legal rights– contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  slip and fall injury attorney Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Slip and Fall Injuries

Charlotte, NC Slip and Fall Injury Lawyer

Slip and fall injuries are one of the leading causes of injuries in the United States and involve over 16,000 deaths annually.  A slip and fall injuries can result from things such as:

  • Wet floors/puddles
  • Grease spills
  • Faulty moving sidewalk in airports
  • Wet or slippery deck or balcony
  • Ice/Snow
  • Poor or improper lighting
  • Poorly marked or slippery steps
  • Cable or wire on the floor
  • Unsecured rugs, carpets or mats
  • Food or drink spills
  • Uneven sidewalks, driveways, parking lots or broken concrete
  • Missing or broken handrails
  • Faulty escalator/elevator
  • Objects left were they should not be

Property owners, landlords, store owners, property managers or building owners have a duty to reasonably inspect their property for potentially unsafe conditions on their premises and either repair or give adequate warning of any condition that could cause harm to others or they may be liable for any personal injury or damages.  When you are at a restaurant, supermarket, airport, store, stadium, school, casino, hotel, shopping mall, building, private residence, or just walking down the street you should be protected from anything that could potentially cause a slip and fall injury.

Suffering a slip and fall injury puts you at risk for developing bone fractures, neck/back injury, soft tissue injury, spinal cord injury, nerve damage, brain injury or unfortunately wrongful death.

Contact the Slip and Fall Injury Law Firm of Bice Law

If you have suffered injury or harm in a trip and fall or slip and fall accident at someone else’s property or business, take the first step to protect your legal rights– contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  slip and fall injury attorney Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!