Losing your Spouse in a Workplace Accident

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It’s the call that every married person dreads. The call from your spouse’s employer informing you that they have been killed in a serious accident at work. Your heart sinks, your mind races, and you are left shocked, confused, and wondering what to do next. “How did this happen so fast?” You wonder. “I never even had a chance to say goodbye.”

Nothing can bring back your spouse after a workplace accident, and no amount of money can make up for your loss. You are left with the unenviable task of giving them a proper funeral, picking up the pieces, and trying to move on. During the midst of all this, it will take time to fully grieve the loss of someone so close to you, and several weeks or months will likely pass by before you are able to fully adjust.

Death Benefits for Losing a Spouse in a Workplace Accident

Though no sum of money is enough to compensate for a lost loved one, there should be death benefits available to you through the Workers’ Compensation policy from your spouse’s employer. In South Carolina, most employers are required to carry workers’ comp insurance, so chances are good that you can collect benefits.

Workers’ comp is a complicated and confusing system, however, and it is not always easy to get your employer to help you navigate the complexities of it. Employers typically pay higher premiums after a workers’ compensation claim is filed, so helping an injury victim’s family recover benefits is not in their best financial interests. In such cases, you may need to enlist the guidance of a skilled advocate who can help you secure the benefits you need and deserve.

South Carolina considers the following family members to be total dependents for the purposes of collecting death benefits through workers’ compensation:

  • Spouses;
  • Children under the age of 18;
  • Children under the age of 23 who are full-time students at an accredited school;
  • Children of any age who are disabled an incapable of supporting themselves.

Total dependents are eligible to receive the following workers’ compensation death benefits:

  • Up to $12,000 in funeral and burial costs;
  • 66 2/3% of the worker’s average weekly wage up to a maximum annual allowance ($838.21 in 2018).

Death benefits are paid to spouses for a maximum of 500 weeks from the date of the workplace injury. Benefits for children end when they reach age 18 or 23 if they are a full-time student. Disabled children who are not self-supporting can continue to receive death benefits for up to 500 weeks.

Can I File a Personal Injury Lawsuit Above and Beyond my Workers’ Compensation Benefits?

Workers’ compensation is a “no fault” system; meaning that, in most cases, injury victims and their families are eligible for benefits regardless of who was at fault for the accident. In exchange for paying benefits regardless of fault, employers who carry workers’ comp insurance are generally exempt from civil lawsuits (except in very rare cases). That said, there are some circumstances in which you may be able to bring a personal injury claim against the party responsible for your spouse’s death. Examples may include:

  • Employers Who do not Carry Workers’ Compensation Insurance: As mentioned earlier, there are a few employers in South Carolina that are not required to carry workers’ comp insurance. These include agricultural operations, railroad/railway companies, and employers with annual payrolls of $3,000 or less. If your employer was responsible for the accident and is not covered by workers’ comp, you may be able to sue them for damages.
  • A Third Party that is Responsible for the Accident: If a workplace accident occurred because of the negligence or reckless actions of a party other than you or your employer, you may be able to sue the responsible party for damages. Some common examples of this include auto accidents that occur on the job, and accidents that are caused by a third-party subcontractor at a jobsite.

Speak with a Compassionate South Carolina Personal Injury Lawyer

Losing your spouse in a workplace accident is one of the most traumatic experiences anyone ever has to go through. If this has happened to you, you may not know where to turn to for legal help. If you are having difficulty recovering workers’ compensation benefits and/or you think another party may be responsible for the accident, it is best to speak with an experienced accident injury attorney, so you fully understand your rights and options.

At Peake & Fowler, we understand that you have been through a lot, and we are here to provide comfort, support, and skilled legal guidance. We can sit down with you when the time is right to thoroughly review your spouse’s injury and go over your best legal options. For a free consultation with one of our attorneys, call our office today at 803-998-2412, or you may send us a secure and confidential message using our online contact form.

When a Workplace Accident Falls Outside of Workers’ Compensation

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When you suffer an injury or illness at work, the first recourse is usually to file a workers’ compensation claim to pay for your medical expenses, time missed from work, disability benefits, and related expenses. In South Carolina, almost all companies that have four or more employees are required to carry workers’ comp insurance.

If you work for a company that is covered by workers’ comp and you suffer a work-related injury, you are eligible for benefits regardless of who was at fault for the incident. There are a few exceptions to this, such as injuries caused by:

  • The use of alcohol or illegal drugs;
  • The commission of a serious crime;
  • Intentionally violating a workplace policy;
  • Intentionally trying to do yourself or someone else harm.

In exchange for “no-fault” coverage, South Carolina employees are generally barred from bringing a personal injury lawsuit against their employer.

When Would a Workplace Accident Fall Outside of the Workers’ Compensation System?

Workers’ comp is a complex and confusing system. Sometimes, workers are denied benefits even if their injury or illness was not the result of one of the aforementioned exceptions. In some cases, employers deny benefits because, for whatever reason, they mistakenly believe the employee is ineligible. This can be very frustrating for employees who have a right to compensation but have a hard time navigating the complexities involved with pursuing a workers’ comp claim.

There are other cases in which a workplace incident may not fall under the purview of a workers’ compensation claim. Here are some examples:

Your Employer Does Not Carry Workers’ Comp Insurance: As mentioned earlier, employers in South Carolina who have less than four employees are not required by law to carry workers’ compensation insurance. There are a few other types of employees whose employer may not have workers’ comp benefits available. These include:

  • Agricultural workers;
  • Railroad or railway express workers;
  • Realtors paid on commission;
  • Textile Hall Corporation workers; and
  • Employers whose payroll is under $3,000.

The Injury Occurred Outside of Work: Some injuries happen while you are commuting to and from work, on your lunch break, or traveling during the work day or work week. This is a gray area in which some incidents may be covered while others may not. For example, if you have an automobile accident while you are driving straight home from work, that is probably not covered. On the other hand, if you were injured while running an errand for your boss, that might be covered.

The Injury Was Caused by a Third Party: There are some instances in which the party responsible for the injury or illness is someone other than the employer or employee. Examples may include:

  • Accidents caused by a subcontractor who is working nearby the employee (this scenario is common in the construction industry);
  • Automobile accidents in a company vehicle when the individual who caused the accident is a liable third party;
  • Accidents caused by defective machinery, equipment, and other faulty products;
  • Workplace illnesses caused by a toxic substance made by a third party; and
  • Injuries caused by a co-worker through willful or wanton acts or gross negligence (ex: co-worker assault).

Bringing a Lawsuit Against your Employer or a Third Party

If you experienced a work-related illness or injury and your employer does not carry workers’ compensation coverage or the injury was caused by a third party, you might be able to bring a personal injury lawsuit against the party that was responsible. If you are successful with your personal injury action, you may be able to secure damages above and beyond what might be available through workers’ comp.

In South Carolina, you are generally allowed to pursue a personal injury lawsuit against a third party while simultaneously pursuing a workers’ comp claim through your employer. This would come into play if you suffered a work-related injury that qualifies you for workers’ comp benefits, but the injury was the fault of a third party. This could get complicated, however, and it is best to work with an experienced attorney to ensure that everything is done properly, and you don’t do anything to jeopardize your benefits.

At Peake & Fowler, we have been standing up for the rights of South Carolina workers since 2000. Our attorneys have in-depth knowledge of the complexities of both workers’ compensation and personal injury law, and how the two areas often converge during workplace injury cases. We work closely with our clients and explore every potential legal avenue to ensure they are fully compensated for their injuries. Call our office today at 803-998-2412 to schedule a free consultation. You may also send us a secure and confidential message through our web contact form.

5 Most Common Causes of Traumatic Brain Injuries

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Traumatic brain injury (TBI) is one of the leading causes of disability and death in the United States. According to the Centers for Disease Control, more than 150 Americans die each day from TBI. Those who survive this condition often have to deal with its effects for the rest of their lives. The impact of TBI affects not only the individual who suffers from it, but his/her family and friends as well.

What is Traumatic Brain Injury?

TBI is a disruption to the normal function of the brain that typically results from a bump, blow, or jolt to the head. Not all bumps, blows, and jolts to the head result in TBI, and the condition has varying degrees of severity. In its mildest form (commonly referred to as a concussion), TBI causes a temporary change in mental state or consciousness. In its more severe forms, TBI can have lasting effects, such as:

  • Severe headaches;
  • Blurred eyesight and other problems with vision;
  • Dizziness and loss of balance;
  • Ringing in the ears;
  • Nausea and vomiting;
  • Slurred speech;
  • Memory loss;
  • Fatigue;
  • Difficulty with focus and concentration;
  • Mood swings (e.g., stress, anxiety, depression, etc.);
  • Impulsive or risky behavior.

What are the Most Common Causes of TBI?

There are several ways an individual can suffer a traumatic brain injury, here are some of the most common:

Falls

Almost half of all cases of TBI are caused by various types of falls. People fall down all the time, and many times, the fall is minor and results in nothing more than a few scrapes and bruises. Some slip and fall accidents are more serious, however, and they can result in severe injuries. Falls that involve hitting your head on hard ground or pavement are especially hazardous and can increase the chances of developing TBI. If this occurs on the property of another party who did not take reasonable steps to make the property safe, the TBI injury victim may be able to file a claim for damages.

Being Struck By/Against Events

The second-leading cause of TBI is being struck by an object or bumping into or against an object. This type of injury is common in many worksites where heavy equipment and machinery is often used. On construction sites, this can happen because of loose or falling debris that strikes someone in the head.

Motor Vehicle/Traffic-Related Incidents

The third-leading cause of TBI is a motor vehicle crash or another type of traffic-related incident. In these types of cases, vehicle drivers and passengers are often jolted suddenly because of the impact of the crash, causing head trauma. Traumatic brain injuries are not always readily apparent after a motor vehicle crash, and it could take some time for the symptoms to fully manifest themselves. For this reason, it is important to seek medical attention right away if you are involved in an auto accident.

Violence

The fourth-leading cause of TBI in the U.S. is assault, self-harm, or similar forms of violence. Domestic assault is one of the leading causes of death in children ages 0 to 4, and many teens are also hospitalized for TBI injuries related to assault.

Other

There are several other causes of TBI that can be put into the miscellaneous category. These may include gunshots, explosions, and various types of sports-related injuries, such as helmet-to-helmet football collisions and blows to the head while boxing.

Children and the Elderly are at the Greatest Risk for TBI

It should come as little surprise that the most vulnerable among us are the most susceptible to developing traumatic brain injury from falls and other hazards. The rates of TBI-related deaths are highest among individuals age 75 and older. Among non-fatal TBI injuries, hospitalizations are also highest among the 75 and above age group. Assaults are the leading cause of TBI-related deaths among children ages 0 to 4, and this age group also has the second highest number of TBI-related hospitalizations.

Speak with a Seasoned South Carolina Personal Injury Lawyer

If you or someone close to you has suffered a traumatic brain injury resulting from the negligence or reckless actions of another party, you may be entitled to compensation. Severe TBI is a life-changing condition, and you deserve to be compensated for medical expenses, lost wages, physical pain and suffering, emotional distress, and other types of damages.

At Peake & Fowler, we have successfully represented injury victims in South Carolina since 2000. We can thoroughly assess your case and inform you of your rights and options, so you can make the most informed decision on which legal avenue you want to pursue. Call our office today at 803-998-2412 to schedule your free consultation, or you may send us a secure and confidential message using our online contact form.

How to Deal with Uninsured Motorists in an Auto Accident

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If you have been injured in a motor vehicle accident that resulted from the negligence or reckless actions of another party, you have a right to compensation. Normally, you would recover compensation from the insurer for the responsible party. There are times, however, when the party at-fault is uninsured or does not have adequate insurance to cover the damages.

Liability insurance is required for all motorists in South Carolina. Despite this requirement, the Insurance Information Institute estimates that almost 10% of drivers in the Palmetto State are uninsured. This gives you about a one in 10 chance of having an accident with an uninsured motorist in this state.

What to Do If you are Hit by an Uninsured Driver

Whenever you are involved in an auto accident, there are certain steps you should take right away, regardless of whether or not the other driver has insurance:

  • Call 911: The first priority is to ensure that anyone who is hurt receives immediate medical attention. Some injuries are not discovered until after some time has passed, so if you or anyone else feels like they may be injured after a crash, call for medical help right away. When you call 911, have them send the police to the scene as well to file a report.
  • Retain Extensive Documentation of the Incident: Provided you are not severely injured, take detailed notes, multiple photos, and speak with witnesses who saw what happened. Write down what the witnesses say and obtain their contact information in case you need to call on them later. After an accident, it is best to document the event in as much detail as possible while everything is still fresh in your mind.
  • Exchange Information with the Other Driver: Politely exchange necessary information with the other driver, such as their name, address, phone number, and the name of their insurer. This is the point at which you will likely find out that the other driver is uninsured. If this turns out to be the case, remain calm and move on to the next step.
  • Report the Accident to your Insurance Company: South Carolina drivers are required to carry uninsured motorist/underinsured motorist coverage with liability minimums of $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 for property damage. The liability limits in your policy may be higher than the state minimums. When you have an accident with an uninsured motorist, you will need to recover damages under this portion of your auto policy. Most insurers have strict deadlines in which to file uninsured motorist claims, usually 30 days. For this reason, be sure to contact your insurance company as soon as it is convenient.

Dealing with your Own Insurance Company after an Auto Accident

It is important to keep in mind that, although you deal with your own insurer when you have an accident with an uninsured motorist, the insurance adjuster is not necessarily looking out for your best interests. At the end of the day, their main concern is the company’s bottom line, not your well-being. When you speak with the adjuster, do NOT admit any fault, and do not speculate on the injuries you may have suffered until you have a full medical report.

At this point, it is strongly advisable that you retain skilled legal counsel. Insurance adjusters are trained negotiators who deal with attorneys virtually every day. And since their best interests do not line up with yours, you are at a disadvantage if you choose to deal with them on your own. A skilled personal injury lawyer will thoroughly review your case and go over all your legal options, so you can make the most informed decision on how you want to proceed.

Depending on the extent of your injuries and other specific circumstances of the case, there are a few possible outcomes, including:

  • Settlement: The most preferable result would be a reasonable settlement with your insurer that fully compensates you for your injuries. This saves the cost and time involved with going to trial.
  • Lawsuit: If your insurance company does not agree to a reasonable settlement, you have the option to sue those responsible and your insurance company will pay any verdict the jury awards but only up to the maximum liability limits within the uninsured motorist portion of your policy.
  • Pursuing the Responsible Party: If damages exceed the limits of your uninsured motorist policy, you may attempt to collect from the other driver. However, an individual who does not have car insurance most likely will not have much in the way of assets to recover.

Speak with an Experienced South Carolina Automobile Accidents Lawyer

Having an accident with an uninsured motorist means you will most likely be dealing with your own insurance company to pursue compensation for any injuries you sustained. If this has happened to you, get in touch with an attorney as soon as possible, so your rights and interests are fully protected. At Peake & Fowler, we have successfully represented car accident injury victims in South Carolina since 2000. Call our office today at 803-998-2412 for a free consultation, or you may send us a secure and confidential message using our web contact form.