Workers’ Compensation

A roadside worker was killed Wednesday morning when he was struck by a truck on Interstate 85 in Spartanburg County, report media sources.

According to the South Carolina Highway Patrol, 9:55 a.m. incident occurred when a white pickup truck belonging to a landscaping company and towing a trailer veered off the road and toward the 6-man crew doing weedeating work under contract with the South Carolina Department of Transportation. The trailer struck three of the men, pinning one of them, a 47-year-old Greer resident.

The pinned man died and the two other men were hospitalized with minor injuries and are expected to be okay. Spartanburg County Coroner’s Office officials believe that speed and wet road conditions contributed to the crash.

The driver of the truck, a 50-year-old man, has been charged with driving too fast for conditions and driving without a license. The owner of the truck and landscaping company has been charged with allowing an unauthorized driver to operate his vehicle.

As a Spartanburg personal injury lawyer, I have witnessed first-hand the shock and grief of those left behind after an unexpected death. My heartfelt condolences go out to the deceased man’s family, friends and loved ones. I hope that they are getting all of the help and support they need during this challenging time. Being a Spartanburg workers compensation attorney, I am well aware of the types of injuries that can be suffered in a work-related accident. I wish the injured men a rapid recovery from their injuries.

A woman being transported in an ambulance died after the Orangeburg County emergency vehicle overturned Monday night, report news sources.

According to the South Carolina Highway Patrol, the 2009 Chevrolet ambulance was traveling southbound on U.S. 301 when the emergency vehicle first veered off the right side of the road then traveled back across the roadway and exited the left side of the roadway and overturned near Homestead Road.

The 79-year-old Vance woman being transported in the ambulance died. The driver of the emergency vehicle, who was wearing a seatbelt at the time of the incident, and another passenger were taken to an area medical center with unspecified, non-life-threatening injuries.

The crash remains under investigation

As an Orangeburg auto accident attorney, I have witnessed first-hand the shock and grief of those left behind after an unexpected death. My heartfelt condolences go out to the woman’s family, friends and loved ones. I hope that they are getting all of the help and support they need during this challenging time. Being an Orangeburg workers compensation lawyer, I am well aware of the types of injuries that can be suffered in a rollover crash. I wish the the other occupants of the ambulance a rapid recovery from their injuries.

Workers’ Compensation in South Carolina is a great system for those that need it. I can’t tell you how many people I’ve encountered over the years who would have been sunk, physically and financially, if it were not for the workers’ compensation system. That having been said, sometimes there is a tough line between who is covered by workers’ comp and who is not covered. Often, it comes down to the highly loaded legal term “employee”.

I thought about this when I read a recent case in the Supreme Court of South Carolina, Shuler v. Tri-County Electric Cooperative, No. 26731 (S.C. Sup. Ct., Oct. 12, 2009). In Shuler, the claimant (the person seeking workers’ comp coverage) was on the Board of Trustees for the company. He received per diem allowances, reimbursement for expenses, and other benefits, all of which were reported to the IRS as 1099 business income (as opposed to “wages”). He was injured in a South Carolina auto accident while traveling to Texas for a work-related conference. The Court held that when a person gratuitously offers services to a company, having no right to demand payment, then he does not qualify as an “employee” and may not recover workers’ compensation benefits.

What does this mean for you? Probably not much – there are far more employees out there than there are board members traveling to professional conferences on the company’s dime.

Here is the point: the legal term “employee” is very tricky, and it may be the difference between you getting workers’ comp benefits or not. If you are not an “employee”, the law doesn’t require that your company carry workers’ compensation coverage that applies to you. When you are hurt on the job, you probably want to be an “employee”. If there is any question, talk to a South Carolina workers’ comp lawyer who can intervene and make sure you fit within that term, and can lay out other options if you don’t.

“The information relayed in this blog is for educational purposes only and is not legal advice. The cases referenced and explained by the blog’s author(s) are for informational purposes only and are not intended to imply that certain, or similar, results may be achieved in each client’s case.”

Coal mine safety is being debated among industry officials who say that two new safety rules proposed after a fatal explosion in West Virginia last year should be dropped.

The new safety rules proposed by federal regulators following an explosion that killed 29 West Virginia miners last year would require mine operators to conduct more extensive safety examinations, according to news reports.

The West Virginia Coal Association and Alpha Natural Resources Inc., the third-largest U.S. coal producer, and mine safety officials with the states of West Virginia and Illinois urged the federal to drop the proposal.

“The inspections proposal would require miners to find, fix and record serious regulatory violations while simultaneously conducting mandatory safety examinations to check for hazardous conditions such as elevated levels of explosive methane gas,” according to news reports.

“Specially certified miners conduct the examinations, but Coal Association lobbyist Chris Hamilton said they’re not trained to know federal regulations and shouldn’t be asked to perform the job of a federal inspector.”

Opponents of the safety measures said the “rule would place unrealistic burdens on mine examiners and exposes them to MSHA citations if they miss violations, which often are open to interpretation.”

As a Beaufort personal injury lawyer, I hope the industry officials and Mine Safety and Health Administration can work together to make the mining workplace safer.

If you or a loved one has been injured in a workplace accident, contact a personal injury lawyer in Beaufort.

Work zones marked with orange cones, flashing yellow signs or construction workers should be a sign for drivers to slow down, according to the South Carolina Department of Transportation.

The SCDOT is urging drivers to practice safe driving habits near highway work zones. While last week was “National Work Zone Safety Awareness Week,” aiming to highlight the importance of making work zones safer for highway workers and the traveling public, the SCDOT reminds drivers ever week is safety week.

From January through November 2010, there were nearly 754 crashes in work zones, according to news reports. Nearly 363 of the crashes resulted in injuries and 11 included fatalities.

The most dangerous time for work zone construction workers is during the afternoon rush hour period, 3:00 p.m. to 6:00 p.m., according to news reports.

Most work zone crashes were caused by drivers who were traveling too fast.

As a Greenburg car accident attorney, I’m glad the South Carolina Department of Transportation is working to remind drivers of safety techniques in work zones. I urge drivers to slow down and pay attention in these areas to ensure everyone’s safety.

If you or a loved one has been injured in a car accident in a work zone, contact a personal injury lawyer in Greenburg.

A South Carolina Department of Transportation worker died in a car accident Wednesday caused by a drunken driver, according to news reports.

The fatal car accident occurred around 9:49 a.m. on Laurens Road beneath the Interstate 85 overpass when a 29-year-old woman was exiting the interstate onto Laurens Road. The Greenville woman, who is accused of driving under the influence, struck a 60-year-old Taylors man who worked for the South Carolina Department of Transportation.

The SDOT worker was repairing the road when he was struck. He died from the blunt force trauma sustained in the collision.

Greenville police said the woman is charged with felony driving under the influence resulting in death.

Authorities had to close down the ramp to northbound Laurens Road from Interstate 85 northbound while the accident was investigated and the scene cleared.

As a Greenville car accident attorney, I’m saddened to hear about this fatal car accident, especially because it is related to driving under the influence of alcohol. My condolences go out to the WSDOT’s friends, family and coworkers during this difficult time.

If you or a loved one has been injured in a car accident involving drunken driving, contact a personal injury lawyer in Greenville.

Six people were injured while constructing a church in Asheville on Friday, according to news reports.

The construction accident occurred around 10:30 a.m. Friday when people were constructing the Korean Methodist Church at 25 Mills Gap Road in Asheville. As they were working, the roof trusses collapsed, trapping three people and injuring six total, according to news reports.

While six people were injured in the collision, two refused treatment, according to the Buncombe County Emergency Operations Center Dispatcher. The remaining four were transported to Mission Hospital in Asheville. According to news reports, one victim is in serious condition and two are in fair condition.

As a North Charleston personal injury lawyer, I’m saddened to hear about this construction accident. I hope all the victims in this accident are able to recover fully and quickly. I hope crews can determined what caused the roof trusses to fall and injury these workers so an accident like this can be prevented in the future. Construction work can be very dangerous and injuries at work sites can cause life-threatening injuries.

If you or a loved one has been injured in a construction accident and think you deserve workers’ compensation, contact a personal injury lawyer in North Charleston.

A developing area of South Carolina workers’ compensation law concerns “repetitive trauma” injuries. Repetitive trauma injuries are injuries that develop over an extended period of time because of the repetitive nature of the job. For example, a typical repetitive trauma injury is carpal tunnel syndrome developing over time from repetitive motion of the hands and wrists. Repetitive trauma injuries are distinguished from injuries “by accident”, in which the claimant suffers an injury on a specific day and time. For example, an injury by accident happens when someone falls, gets hit, or gets cut on the job.

Repetitive trauma injuries have been compensable under the South Carolina workers compensation system for a long time. However, in 2007 the South Carolina legislature enacted a new statute that governs these types of injuries, and several key points have been unclear since then. One of the most contentious issues has been when should an injured worker know that their pain may be work-related, giving rise to the requirement to put their employer on notice of a potential workers’ compensation claim.

In a recent case, the South Carolina Court of Appeals shed some light on this issue. Murphy v. Owens Corning, No. 4807 (March 9, 2011). In this case, the claimant Murphy worked in a factory for around 11 years at a position where she continually had to stoop over and look up over her head. She first reported back pain to her family doctor in 2004. When in 2007 her doctor suggested that the condition may be work related, she told her employer the same day. The Court of Appeals held that despite the employer’s assertion that they should have been given notice of the claimant’s condition back in 2004, the claimant complied with the notice statute because she could not have known that her condition may be a workers’ compensation claim until the day of that 2007 doctor visit.

A man working at the Kennedy Space Center died Monday from injuries sustained in a fall, according to news reports. The NASA space shuttle contract swing-arm engineer fell when he was preparing the the space shuttle Endeavour for its final flight, according to news reports.

“He fell at the pad, and NASA emergency medical personnel responded but were unable to revive him,” said a Kennedy Space Center spokeswoman.

It is unclear what caused the man to fall, and NASA has not reported on an exact cause. The incident is being investigated, according to news reports.

The fall victim has been working at the Kennedy Space Center for 30 years. He was scheduled to be laid off in the coming weeks, along with many other space shuttle program employees, according to news reports.

The space shuttle Endeavour he is working on is scheduled to blast off on its final mission April 19, according to news reports.

As a North Charleston personal injury lawyer, I’m saddened to hear about this fatal work injury. I hope investigators are able to determine how this work accident occurred so they can prevent any injuries like this from happening in the future at NASA work sites.

If you or a loved one has been injured in a work accident and think you deserve worker’s compensation, contact a personal injury lawyer in North Charleston.

An employee at the Fisher Barton plant died Friday after falling into a superheated pit used to melt metal, according to news reports.

The 29-year-old employee at Laurens County plant was preparing a heat treatment that is used to treat metals by dumping salt into the pit, which is heated to high temperatures. As he was working, he fell into the hit, which was at least 600 degrees at the time, although the pit reaches “much, much higher” temperatures, according to news reports.

The man was still alive after the accident and was able to get out of the pit by himself, but later died as a result of the severe burns.

The Occupational Safety and Health Administration will be investigating this incident, according to nres reports.

“Fisher Barton South Carolina Inc. is a supplier of precision metal stampings, welded assemblies and heat-treated products, according to its website. The company provides low-to high-volume metal components for a variety of industries, including automotive, industrial, lawn and garden, material handling, hand power tools, transportation, outdoor products and agricultural,” according to the company website.

As a Charleston work injury lawyer, I’m saddened to hear about this fatal work accident. I hope OSHA and Fisher Barton are able to conduct an in-depth investigation on what exactly went wrong in this incident so they can make sure an accident like this doesn’t ever occur again. My condolences go out to this man’s family and friends as they deal with this tragic accident.

If you have been injured in a work accident and think you deserve worker’s compensation, contact a personal injury lawyer in North Charleston.