LeipLawBlog

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

Wed, 16 May 2012 17:20:00 -0400

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

Mon, 07 May 2012 12:28:00 -0400

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

Mon, 23 Apr 2012 18:02:00 -0400

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?

Fri, 13 Apr 2012 13:26:00 -0400

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!

Wed, 11 Apr 2012 14:47:00 -0400

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?

Thu, 05 Apr 2012 16:22:00 -0400

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?

Tue, 03 Apr 2012 14:26:00 -0400

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?

Wed, 28 Mar 2012 17:40:00 -0400

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?

Tue, 27 Mar 2012 13:41:00 -0400

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

Thu, 22 Mar 2012 16:22:00 -0400

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

Delayed or Denied Treatment by a Workers' Compensation Insurance Company?

Tue, 20 Mar 2012 17:27:00 -0400

We receive calls every day from injured workers who are angry about delayed or denied medical treatment. The injured worker is often forced to choose between waiting on an insurance company to set a medical appointment, use their own health insurance, or pay out of pocket. So what is the law on medical treatment under South Carolina Workers' Compensation Act? Section 42-15-60 of the Act provides that the employer "shall provide medical, surgical, hospital, and other treatment, including medical and surgical supplies.." If you are hurt on the job, your employer MUST provide reasonable medical treatment.

If you are not getting the medical treatment you need and were injured on the job, call us today WE CAN HELP!

Auto Insurance Company Complaints

Wed, 14 Mar 2012 15:43:00 -0400

Auto insurance companies and their adjusters continue to rile up drivers across the state! Delays, denied claims, car rentals, undervalue totaled vehicles, split liability, low offers, and overall unprofessional handling of claims. This is why more people are forced, yes FORCED, to file lawsuits against at-fault drivers. Innocent drivers are being left with no choice but to hire attorneys to fight for their rights--rental expenses, car damage, medical bills, lost wages, and injuries. Insurance companies are holding and investing money that should be immediately paid to innocent drivers. They know the longer the delay, the more likely it is that drivers will take low offers or give up on legitimate claims-- YOU ARE NOT IN GOOD HANDS; YOU ARE NOT PROTECTED; THEY ARE NOT ON YOUR SIDE

Call us today to see if we can help you deal with an unfriendly, unfair, and low ball insurance company! We are on YOUR SIDE. We will fight for you!

Kids' Chance Scholarships for Children of Injured or Killed Workers

Tue, 13 Mar 2012 12:25:00 -0400

Did you know that children of an injured worker or worker killed on the job can qualify for college scholarships? Kids' Chance of South Carolina awards up to $3000.00 per semester to children who qualify. If you are interested go to www.kidschancesc.org to obtain information and apply.

The scholarship money is raised through events and fundraisers. We have two this month. A barbeque and bluegrass band event is set for March 23, 2012 from 5:00 pm - 8:00 pm at Fluor Daniel Management Center in Greenville, SC. Tickets are $20 each.

The second event is the Dennis Brewer Annual Golf Tournament on Friday March 30, 2012 at The Members Club at Woodcreek in Columbia, SC. We need more teams and sponsors.

For more information, call Angie Kohl, Executive Director, at 843-546-5837 or email at info@kidschancesc.org. You can also purchase tickets and register on our website at www.kidschancesc.org.

Jerry Reardon serves on the Kids' Chance Board.

COMMUNITY FORUM--FRANCIS BURNS UNITED METHODIST

Fri, 09 Mar 2012 16:42:00 -0400

Jerry Reardon and Brett Owens will be speaking tomorrow at Francis Burns United Methodist Church as part of 'Standing In The Gap Community Forum'. We will be answering questions regarding wrongful death claims, automobile and truck accidents, workers' compensation claims, Social Security disability claims, medical malpractice claims, personal injury claims, and other civil trial work issues. Come by and see us!

SC Supreme Court Rules Divorced Parents Can Be Required To Pay Child's College Expenses

Thu, 08 Mar 2012 13:28:00 -0400

http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=27100

The South Carolina Supreme Court ruled this week that divorced or unmarried parents can be required to pay a child's college tuition and expenses. The Court ruled in part:

This State has a strong interest in the outcome of disputes where the welfare of our young citizens is at stake. As can hardly be contested, the State also has a strong interest in ensuring that our youth are educated such that they can become more productive members of our society. It is entirely possible "that most parents who remain married to each other support their children through college years. On the other hand, even well-intentioned parents, when deprived of the custody of their children, sometimes react by refusing to support them as they would if the family unit had been preserved." In re Marriage of Vrban, 293 N.W.2d 198, 202 (Iowa 1980). Therefore, it may very well be that Risinger sought to alleviate this harm by "minimiz[ing] any economic and educational disadvantages to children of divorced parents." Kujawinski v. Kujawinski, 376 N.E.2d 1382, 1390 (Ill. 1978); see also LeClair v. LeClair, 624 A.2d 1350, 1357 (N.H. 1993), superseded by statute on other grounds ("The legitimate State interest served by these statutes is to ensure that children of divorced families are not deprived of educational opportunities solely because their families are no longer intact."). There is no absolute right to a college education, and section 63-3-530(A)(17), as interpreted by Risinger and its progeny, does not impose a moral obligation on all divorced parents with children. Instead, the factors identified by Risinger and expounded upon in later cases seek to identify those children whose parents would otherwise have paid for their college education, but for the divorce, and provide them with that benefit.

We accordingly hold that requiring a parent to pay, as an incident of child support, for post-secondary education under the appropriate and limited circumstances outlined by Risinger is rationally related to the State's interest. While it is certainly true that not all married couples send their children to college, that does not detract from the State's interest in having college-educated citizens and attempting to alleviate the potential disadvantages placed upon children of divorced parents. Although the decision to send a child to college may be a personal one, it is not one we wish to foreclose to a child simply because his parents are divorced. It is of no moment that not every married parent sends his children to college or that not every divorced parent refuses to do so. The tenants of rational basis review under equal protection do not require such exacting precision in the decision to create a classification and its effect.

Indeed, Father's refusal to contribute towards Collin's college expenses under the facts of this case proves the very ill which Risinger attempted to alleviate, for Father articulated no defensible reason for his refusal other than the shield erected by Webb. What other reason could there be for a father with more than adequate means and a son who truly desires to attend college to skirt the obligation the father almost certainly would have assumed had he not divorced the child's mother? Had Father and Mother remained married, we believe Father undoubtedly would have contributed towards Collin's education. Collin has therefore fallen victim to the precise harm that prompted the courts in LeClair, Kujawinski, and Vrban—as well as Risinger—to hold that a non-custodial parent could be ordered to contribute towards a child's college education. Thus, this case amply demonstrates what we failed to recognize in Webb: sometimes the acrimony of marital litigation impacts a parent's normal sense of obligation towards his or her children. While this is a harsh and unfortunate reality, it is a reality nonetheless that Risinger sought to address.

Very interesting decision that I believe in the right circumstances should benefit our state.