Columbia, SC attorneys Lee, Eadon, Isgett, Popwell, Reardon, personal injury, workers' compensation, wrongful death, product liability, medical malpractice, insurance bad faith

Where Do I File My Workers' Compensation Claim? Which State's System Benefits Me?

Every day job seekers apply online looking for employment. Often these jobs will require training, travel, and work in more than one state. 
 
So what happens if you get hurt? Which state's workers' compensation laws determine benefits for the injured worker?  Which state's system is better for the injured worker? 
 
An injured worker can receive benefits under South Carolina's Workers' Compensation System if ONE of the following occurs:  The injured worker is hired in SC; the injury occurs in SC; or the injured worker's employer  is located in SC.  
 
Due to many reasons, like the location of the injury, a worker may be able to chose which state’s workers’ compensation system handles the claim. So  LEIPLAW attorneys are often asked the following questions: 
 
Where can I file my claim? Which state is more beneficial  for an injured worker? What is a workers’ compensation insurance company required to do for me? 
 
It depends on what benefits you are seeking. Most states provide medical care, weekly checks, and compensation for permanent injuries. However, states vary GREATLY on how much you can receive for an injury, how long you are able to receive medical care and weekly checks, and what lifetime benefits you may be entitled to receive. 
 
LEIPLAW attorneys will discuss these issues and other benefits your are owed under SC workers’ compensation laws. 
 
To find out which state's workers' compensation laws apply to your case, call LEIPLAW today.  Call us for a free consultation (803) 799-9811
 
 

Driving Under The Influence of Alcohol or Narcotics

Sadly, another life was taken this weekend in an accident involving a pedestrian and driver charged with DUI.  William Carlen, 24,  was charged with felony DUI, DUS, and failure to surrender his driver's license.  Justin Timmerman , 24, was killed at the scene of the accident.  Mr. Timmerman was crossing an intersection in 5 Points when he was struck. 

Two families destroyed as a result of bad decisions.  What can we do to inform the public of these dangers?  How do we stop these tragic events from occurring?  How easy is it to call a taxi or have a DD?  Our hearts go out to the Timmerman family and hope Mr. Carlen can get the help he needs. 

Please remember the potential consequences of drinking and driving.  If you have been a victim of a DUI call LEIPLAW to see if we can help you.  (803) 799-9811

 

Hiring LEIPLAW to Help You

LEIPLAW handles a variety of cases--automobile and trucking accidents, medical malpractice, workers' compensation claims, product liability, and personal injury cases.  So when do you need to call us to see if we can help?  Right away!  The sooner you call LEIPLAW, the quicker you will know what we can do for you. 

In most cases adjusters for the insurance company representing the at fault party will call you within forty eight hours and want you to give a recorded statement, sign releases and medical authorizations, speak with your doctors, and take all steps to help THEIR insured.  The adjuster has been hired by the insurance company to protect their insured, pay as little as possible to the injured party, and move on to the next claim.  They do not have YOUR best interests in mind, despite their promises and slogans (YOU ARE IN GOOD HANDS; WE ARE ON YOUR SIDE; LIKE A GOOD NEIGHBOR)

We advise anyone who has been injured, needs medical care, has incurred lost wages,  to call us to see whether you need legal help.  A few tips to follow:

1. Report your accident immediately to either your supervisor (if hurt at work) or call the police (if in a car accident)

2.  Do not give a recorded statement to an automobile insurance agent; do not sign a HIPPA release; and NEVER sign a full and final release UNLESS you are 100% ready to close your claim.  ALWAYS consult with an attorney if you are unsure or need advice.

3.  Seek immediate medical attention if needed; do not wait days, weeks or months because you will be told it is not related and the insurance company will refuse to pay for it!

Remember, it will be to your benefit to consult with LEIPLAW before making any important decisions about your case!  Call LEIPLAW today  (803) 799-9811 for your FREE consultation. 

Are acetaminophen products dangerous?

Acetaminophen, the active ingredient in Tylenol, Excedrin, and other over-the-counter pain relievers, is the number one cause of acute liver failure in the United States.  Over 56,000 visits to emergency rooms, 23,000 hospitalizations and 450 deaths per year are directly related to acetaminophen.  Since the mid-1990's, studies have shown that acetaminophen, when combined with not eating properly can cause liver damage.  People suffering flu-like symptoms (nausea, vomiting, loss of appetite), or dental pain, commonly take acetaminophen products during their illness.  Because these people are not eating properly during their illness, a liver injury may occur even when taking acetaminophen within the recommended dose. 

On July 28, 2011, McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson, announced that it would lower the recommended dose of extra strength Tylenol and Regular Strength Tylenol.   This is a substantial change for a product that for the last 30 years has marketed itself as: “the painkiller you can trust” and “the painkiller doctors prescribe most.”  If these marketing statements were true, then why does the company feel now that it should lower the recommended dose? 

This is an admission by the manufacturer of Tylenol that the product is in fact extremely dangerous and that too many people are dying and suffering liver damage as a result of acetaminophen poisoning.  This change is important for consumers who have been injured by acetaminophen and they are advised to seek legal representation. Call LEIPLAW today to see if we can help you or a family member.  Call us at (803) 799-9811 or (800) 882-0742

South Carolina Needs to Pass a New Law on Damages Cap!

Did you know that if you suffer injuries or death due to the negligence of the State of South Carolina that you are limited in the amount you can recover?  South Carolina has a Tort Claims Act that limits your recovery to $300,000 per person and/or up to $600,000 per event.  So what does this mean in 'real life'?  Well, last year in Spartanburg County, SC a miniature train derailed and killed a child and injured 28 others.  The train was operated by a SC County agency and therefore, the Tort Claims Act applied.   As a result, the entire group can only recover $600,000, despite hundreds of thousands in medical bills and the loss of a life.  As you can imagine, the parents and families are outraged!  If this train had been a private company or business like Carowinds, the insurance coverage would have been much greater and could have fairly compensated the injured parties.  The South Carolina Senate has a bill pending that would increase the amount a party can recover for actions filed against the State of SC.  However, it has been stalled and does not appear will pass this year.  Call your Senator today and ask for him to vote in favor of this bill and get it passed to help SC citizens! 

If you or a family member have a claim against the State of South Carolina for injuries or a death and need legal assistance, call LEIPLAW today at (803) 799-9811

Have you been exposed to a toxic chemical while working that has caused you an illness?

Thousands of workers are exposed daily to toxic chemicals and products while working on their jobsite.   Often workers will suffer illnesses due to this exposure.    Do these injured employees have a workers' compensation claim?   Yes, they may have a compensable claim under the South Carolina's Workers'  Compensation Act. 

We have successfully represented workers who are suffering from injuries due to workplace exposure.  Call LEIPLAW today if you have questions regarding your workers' compensation claim.  Call us today to set up a free consultation  (803) 799-9811

Do I have to pay back my health insurance company?

If you have been in a wreck and go to a hospital, admissions will normally ask you for your health insurance information to cover your expenses.  When you attempt to resolve your case with the at fault driver's insurance company, you are told by the adjuster that your health insurance company has a lien on your case.  What?  Why? 

Despite paying insurance premiums to cover your treatment, if someone causes you to be injured and there is liability insurance covering the at fault party, you most likely will have to reimburse your heath insurance carrier.  If you read your insurance contract, you will discover this is a common provision.   The health insurance company will have a lien on your recovery, and they must be dealt with in order to resolve your case.   

However, if you hire an attorney to help you with your claim,  you may be entitled to have the lien reduced significantly, increasing your net recovery.  Call us today to see if we can help you!  The consultation is free!  Call LEIPLAW  today at   (803) 799-9811

Do you have a Social Security Disability Claim?

You have worked for most of your life then suddenly become ill , injured, or suffer greatly from an emotional event which causes you to be unable to work.  Where do you turn?  What can you do?  If you are unable to work for 12 months or longer, you may qualify for Social Security Disability.   The Social Security Administration (SSA) will send you a monthly disability check if you prove that your injury/illness/disability meet the SSA regulations.  The SSA will consider your age, education, physical or mental restrictions, and past work history to determine if you are disabled.

If you can no longer work and think you may have a Social Security disability claim, call LEIPLAW to see if we can help you!  Call us today to discuss your case. 

Do you have workers' compensation claim AND a product liability claim?

Did you know that if you were hurt on the job while working with machinery that you may have BOTH a workers' compensation claim and a product liability claim?   Often we will investigate and discover that a machine sold by a manufacturer to your employer  is in an unreasonably dangerous condition, has defects, or fails to provide proper safety devices.  These defective and dangerous products often cause severe injuries or death.  If a worker is hurt or killed on the job as a result of defective machinery, a workers' compensation claim and a product liability claim can be pursued by the injured worker or his/her family.

If you, a family member, or friend have been hurt while working on a machine, call LEIPLAW to see if we can help file a workers' compensation claim and a product liability claim. 

Cost of Transportation to Doctor

Gas prices have skyrocketed in the last few months (they will drop down soon we hope!).   It makes traveling difficult for injured workers who receive a fixed weekly check from their workers' compensation insurance carrier.   Did you know that the insurance company is supposed to pay you for your mileage?  Currently, injured workers are to be paid $.555 per mile when traveling to a doctor that is five miles or greater from their home.  Often the insurance company will not tell the injured worker about mileage reimbursement and many other rights!  Keep track of your appointments and mileage.  Call LEIPLAW to discuss other legal rights that an injured worker may have that are not being protected by an insurance company!  Email us or call today!  803-799-9811

More Entries

Attorneys Lee, Eadon, Isgett, Popwell & Reardon, P.A
1314 Lincoln Street Columbia, South Carolina 29202
1-800-882-0742 (TOLL-FREE)
803-799-9811

Myrtle Beach Web Design by InterCoastal Net Designs