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.
By Personal Injury Lawyer on February 4, 2011
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.
By Personal Injury Lawyer on February 3, 2011
A subcontractor doing work at the South Carolina School for the Death and Blind in Spartanburg died in a fall, according to news reports.
The 27-year-old Spartanburg resident fell from a ladder while installing an electrical box Wednesday morning at the school while doing renovation work. He was taken to Spartanburg Regional Medical Center, where he was shortly pronounced dead around 8:30 a.m.
An autopsy is being conducted to determine the exact cause of death, according to the Spartanburg County Coroner’s investigator.
As a Charleston work injury lawyer, I’m saddened to hear about this fatal accident at the South Carolina School for the Death and Blind in Spartanburg. I hope the contracting company the man works for is 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. It’s important to practice extreme safety measures when working on ladders and on roofs. 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.
By Personal Injury Lawyer on November 16, 2010
Does it seem like that construction project down the road has taken years? That’s usually the norm in the United States, but the Chinese are showing they waste no time in erecting buildings, as new footage shows Chinese construction workers building a 15-story hotel in six days.
The Ark Hotel is a soundproof, thermal-insulated building that can withhold a 9.0 magnitude earthquake. Construction crews worked round the clock to assemble the hotel, using sections that were produced at an off-site factory. The skilled builders also produced little waste as they build the structure and used sustainable building practices.
The project was also completed without any reported work injuries, which is astounding to me, a South Carolina construction accident lawyer, considering the extraordinarily quick speed of construction. Remaining safe during a construction project is vital, as an accident may result in not only pain and suffering but impact the reputation of a company. It is also important to not sacrifice quality for speed. Buildings should not be hastily constructed in order to compete with astoundingly fast projects such as this.
Some suggest the release of the video may purposely have correlated with important political events. The United States and China are currently debating currency manipulation at the G-20 summit. The construction project serves as a clear demonstration of Chinese productivity.
Watch incredible footage of the construction process.
By Personal Injury Lawyer on November 11, 2010
South Carolina employees are in good hands, according to a recent study, North and South Carolina are among the country’s safest states to work.
The injury rate of employees in South Carolina was 3.2 cases per 100 workers last year, compared to 3.1 in 2008, according to the U.S. Bureau of Labor Statistics. Neighbor North Carolina’s rate of injuries or illnesses at private companies dropped to a historic low in 2009 – 3.1 cases per 100 full-time workers, compared with 3.4 cases in 2008.
While some workplace safety experts doubt if the rates really reflect safer states, the Carolinas lead the trend in falling workplace injuries for at least seven years.
North Carolina Labor Commissioner Cherie Berry said Thursday that employers and employees deserve credit for reducing workplace injuries, according to Business Week. However, last month, a U.S. Labor Department audit accused both Carolinas of downplaying serious safety problems and assessing weak fines on violating companies.
As a South Carolina personal injury lawyer, I’m happy to see South Carolina leading the county in safe work places. As people spend a large chunk of their day at work, it’s good to know they are staying safe. However, if your employer is covering up safety concerns it’s important to let someone know, so it doesn’t turn into a bigger safety concern. If you have been injured in a job related accident, it’s important to have your case evaluated by a personal injury lawyer.
As a Columbia personal injury lawyer, I would like to share with you the case summary of Hutson v. S.C. State Ports Authority
Workers’ Compensation: Two ways to recover for disability
Under the Workers’ Compensation Act in South Carolina, there are two forms of recovery for permanent disability resulting from a work-related the injury. A Claimant may recover for a specific disability claim or a general disability claim. To recover for general disability, the injured worker must show a loss in earning capacity as a result of the injury. Alternatively, an injured worker may recover for a specific disability resulting from the loss or loss of use of a specific body part, whereby disability is presumed, and no actual loss of earnings need be proven.
In a recent case, the South Carolina Court of Appeals held there was substantial evidence to support the Full Commission’s finding the injured worker failed to prove a loss in earning capacity when by his own testimony he had plans and the ability to open a restaurant and earn at least as much as he was earning prior to his injury, even though he had yet to implement his plans and had otherwise to that point had only made unsuccessful applications for work at a grocery store, a plumbing company, and a landscaping business.
Hutson v. S.C. State Ports Authority, No. 4737 (S.C. Ct. App. September 8, 2010). There was evidence submitted establishing loss of earnings, including a vocational expert opinion the injured worker was disabled. The Commission in fact indicated that but for the injured worker’s own testimony regarding his future plans, it would have found he proved he was generally disabled. Because of his own testimony, however, the court affirmed the lower court’s denial of recovery based on loss of earning capacity. However, the injured worker did suffer from a permanent loss of use to both his back and leg, and court held that the injured worker was entitled to a specific disability award for both of those body parts and remanded the case back to the Commission for additional findings.
The lesson: As a South Carolina work injury lawyer I stress the importance of examining the two forms of recovery for a permanent disability claim resulting from a work-related injury, and ensure you have evidence of loss of earnings if you are claiming general disability. It is also important not to overstate your potential earnings to the Commission, and rely on actual earnings and expert reports and opinions. In this case, a Claimant’s future plans and goals were accepted as concrete proof of his ability to earn high wages, when his actual ability to earn wages to date was significantly less.
One of the most important parts of a workers compensation case is the “impairment rating”. If you have finished medical treatment but will never completely recover from your injury, you may receive some kind of impairment rating from a doctor. An impairment rating measures how much function you have lost from a body part or the body as a whole. It is then your lawyer’s role to turn that impairment rating into a disability rating, which a crucial factor in determining the final settlement value of your claim with your employer’s workers compensation insurance carrier. There are hundreds of issues that could come up related to impairment ratings, but here are a few examples of a few common problems and solutions:
- Problem: The treating physician gives you a 0% impairment rating, but also lists that you have permanent restrictions such as you are unable to lift objects over your head.
Solution: Either send the treating physician a Form 14b (one of the standard forms created by the Workers Compensation Commission) with a cover letter explaining the inconsistency of his rating report, or get a second opinion from a physician who is familiar with workers’ compensation impairment rating reports.
- Problem: The treating physician bases her impairment rating on the American Medical Association’s Guides to the Evaluation of Permanent Impairment 6th Edition. The 6th Edition reportedly lowers the impairment ratings by up to 40% as compared to the 5th Edition, especially for spinal injuries.
Solution: Either send the treating physician a Form 14b with a cover letter explaining that you need the rating to be based on the AMA Guides 5th Edition or go to a different physician who will use the AMA Guides 5th Edition.
- Problem: You get an Independent Medical Examination (“IME”) and the bill for it is over $1,000.00. An IME is an opinion from another doctor about your impairment. If this charge shows up on your Statement of Costs, expect the Commissioner to inquire.
Solution: When the Commissioners make this call, they are not necessarily trying to remove this expense. Be prepared to explain why an Independent Medical Examination was necessary and if appropriate, tell the Commissioner how the IME benefited the case (i.e. higher settlement offer).
Workers Compensation in South Carolina is an area of the law that has unique legal problems. George Sink, P.A. Injury Lawyers deals with these sorts of problems all the time. Before you get lost in the maze of the workers’ compensation system, please give us a call toll free at 1-800-849-SINK (7465) for a free consultation.
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.
