Smith & Griffith, LLP Anderson Personal Injury and Workers Compensation Attorneys | Smith & Griffith, LLP2024-03-05T13:50:21Zhttps://www.andersonsclawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1101591/2022/03/cropped-Smith-Griffith-site-icon-32x32.jpgOn Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509512024-03-05T13:50:21Z2024-03-05T13:50:21ZIdentifying chemical hazards
Chemical burns occur when skin or eyes come into contact with irritants. These irritants include:
Acids (such as sulfuric acid, hydrochloric acid)
Alkalies (like sodium hydroxide, ammonia)
Solvents (such as benzene, toluene)
Pesticides (like organophosphates, carbamates)
Heavy Metals (including lead, mercury)
These substances can cause chemical burns, skin irritation and rashes. Inhalation of these substances can also irritate the respiratory tract or cause lung damage. Chronic exposure to some of these materials may also lead to neurological disorders (lead), kidney damage (benzene), or even death in high doses (toluene).
What to do when exposed to chemicals
Immediate action is vital when dealing with chemical burns. Flush the area with water and remove any contaminated clothing. Seek medical attention promptly; this not only ensures your recovery but also serves as a record of the injury, which is critical when filing a claim.
Filing your claim
You may be entitled to workers’ compensation benefits under South Carolina law if you've suffered a chemical burn injury at work. The law notes that any injury arising out of and within the course of employment is eligible for compensation, including those caused by toxic substances.
Per state law, you have 90 days from the date of the injury incident to report it to your employer. The employer should then provide a form to file a workers’ compensation claim. It's important to document everything, including medical records and any lost wages. Workers’ compensation covers for medical expenses, disability benefits, and compensation for lost wages.
Although workers’ compensation can cover injuries caused by chemicals, there’s a chance that your employer or insurer will deny your claim. Alternatively, your employer might stop paying you benefits for a chemical-induced injury that you believe needs ongoing medical treatment. You can appeal the denials with the South Carolina Workers’ Compensation Commission in both cases.
You might need guidance if you have to file an appeal for a denied claim or stopped benefit. A legal professional may be able to review your case and represent you in hearings to fight for your right to compensation.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509412024-02-26T20:25:20Z2024-02-26T20:23:49ZHow does it happen?
Rear-end collisions typically happen in two main ways. First, they occur when drivers tailgate or follow the car in front of them too closely. Second, they happen due to distracted driving. Distractions can include:
Texting
Eating
Adjusting the radio
Speaking with passengers
Simply not paying attention to the road
Both these situations can lead drivers to fail to notice a slowing or stopped car ahead, resulting in a rear-end collision even at normal speeds. More often than not, it's the driver behind who is at fault, having failed to maintain a safe distance or keep their eyes on the road. Given this negligence, it's only right for the victims to seek compensation for their injuries and damage to their vehicle.
Is whiplash a compensable injury?
Yes, victims can often get compensation for a whiplash injury. However, the severity of the crash can affect the type of medical treatment needed—like physical therapy, medication or sometimes even surgery. The potential compensation amount, typically paid by the at-fault driver's insurer, can vary based on factors like medical costs, loss of earnings and personal suffering. Starting a compensation claim involves steps like filing the claim, gathering evidence and possibly going to court, which can be complex.
Victims suffering injuries like whiplash or others associated with rear-end crashes should consider consulting with a legal professional. They can provide valuable guidance in the legal process and help victims work toward compensation that can cover a wide range of costs related to their recovery.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509392024-02-21T20:28:23Z2024-02-21T20:28:23ZWrongful death claims are only for accidents
Many people believe that wrongful death claims are only applicable in cases of accidents, such as car crashes or workplace incidents. However, wrongful death claims can also arise from intentional acts, medical malpractice or product defects. Any situation where someone's actions or negligence result in the death of another person can potentially warrant a wrongful death claim.
Only immediate family members can file a wrongful death claim
While it is true that immediate family members, such as spouses, children and parents, typically file wrongful death claims, other parties, including domestic partners, financial dependents or distant relatives, may also have the right to file such claims.
Wrongful death claims are primarily about seeking financial gain
Financial compensation helps surviving family members cope with the financial losses associated with their loved one’s death. However, the primary goal of these actions is to hold the responsible party accountable for their actions. They seek justice and prevent similar tragedies from happening to others in the future.
Individuals need to file wrongful death claims immediately after the death
Individuals should act promptly in initiating a wrongful death claim to preserve evidence and meet legal deadlines. These claims have a statute of limitations.
The opposing party may try to minimize the compensation owed to the surviving family members or even deny liability altogether. Therefore, navigating the legal complexities of a wrongful death claim can be challenging and time-consuming.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509372024-02-14T15:02:15Z2024-02-16T15:02:08ZSlippery conditions
Slick roads are one of the most common culprits behind jackknifing. Whether the cause is rain, snow or ice, reduced traction can make a truck's tires lose their grip on the pavement. When a driver brakes suddenly under these conditions, the wheels may lock up, triggering a skid that might result in the trailer swinging uncontrollably.
Improper braking
Drivers must apply brakes smoothly and gradually, especially in heavy vehicles with large loads. Harshly slamming on the brake pedal can lead to the rear wheels locking up, especially if the truck does not have an anti-lock braking system. This imbalance in braking force sometimes ends in jackknifing.
Speeding and sudden maneuvers
The faster a truck moves down the highway, the harder it becomes to stop or control in an emergency. In combination with sudden maneuvers such as swerving to avoid an obstacle, high speeds might cause the trailer to swing out. Maintaining a safe velocity and employing gradual, controlled movements help prevent these incidents.
Load distribution
Finally, there is the matter of a truck's load distribution. Uneven contents or a shifting load can alter the truck's balance, making it more prone to losing control. Properly securing and balancing cargo is a requirement for all trucking professionals.
Jackknifing is a terrifying event that can end in severe injuries or even death. Conscientious driving practices go a long way toward protecting every rig's operator, not to mention others on the road.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509342024-01-30T23:55:30Z2024-02-02T23:55:22ZTip 1. Be health aware
Regular check-ups are paramount. This is especially the case for those who have health conditions that could lead to emergencies like heart attacks or strokes. Doctor visits can boost one's health and prevent unexpected issues while behind the wheel.
Tip 2. Manage chronic conditions
Those with a persistent medical problem such as diabetes, epilepsy or heart disease need to be active participants in keeping it under control. They must follow their doctor's advice and recognize how the situation could impact their driving ability.
Tip 3. Understand medication side effects
Some medications cause drowsiness, dizziness or other reactions that might impair driving. Patients must always read labels carefully and avoid taking more than the recommended dosage. If a particular drug has the possibility of affecting driving, they should discuss alternatives with their primary care physicians or plan for other travel arrangements when taking it.
Tip 4. Recognize the warning signs
It helps to be aware of the early indicators of an oncoming medical episode. For example, chest pain, severe headache, dizziness or blurred vision can precede a heart attack or stroke. Anyone experiencing symptoms must stay out of the driver's seat.
Car accidents due to medical emergencies are entirely preventable. Responsible operators have a full grasp of their conditions, including how such concerns may compromise their ability to drive and what to do when problems arise.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509322024-01-18T22:34:01Z2024-01-19T22:32:50ZSlips, trips, falls and burns
The Bureau of Labor Statistics reports that private-sector employers in South Carolina reported 34,100 nonfatal job-related injuries and illnesses in 2022. Unfortunately, many of these injuries occurred in restaurants. One of the most prevalent risks in any restaurant setting is slips, trips and falls. Spills, wet floors, cluttered walkways and uneven surfaces can contribute to accidents. To prevent such incidents, restaurant workers should clean up spills immediately and place caution signs, ensure proper lighting in all areas and keep walkways clear of obstacles and clutter. Slip-resistant shoes can help improve traction.
Restaurant workers are also exposed to high temperatures, hot surfaces and boiling liquids, making burns and scalds a common occurrence. Preventive measures include using oven mitts or gloves when handling hot objects, labeling hot surfaces and equipment and being cautious when working with fryers, grills and steamers.
Cuts and chemicals
Sharp knives, slicers and other kitchen tools pose a significant risk of cuts and lacerations. To minimize these risks, workers should use appropriate safety equipment, such as cut-resistant gloves. Additionally, they should inspect and maintain sharp tools to avoid accidents caused by dull blades, follow proper cutting techniques and use cutting boards. Cleaning agents, sanitizers and other chemicals used in restaurants can also pose risks if not handled correctly. To ensure safety, employees should have training on the proper handling, storage and usage of chemicals. They should use appropriate personal protective equipment like gloves and goggles and ensure proper ventilation while using dangerous chemicals.
By implementing safety measures and promoting a culture of awareness, restaurant workers and their employers can create a safer working environment. Remember, workplace safety is a shared responsibility. Together, they can make restaurants a safer place for everyone.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509302024-01-08T20:43:49Z2024-01-08T20:43:49ZDelayed reactions
One of the main dangers of distracted driving is the delayed reaction time it causes. When drivers are not fully focused on the road, their ability to respond quickly to unexpected situations diminishes. This delay can lead to more severe accidents and increase the likelihood of injuries.
When you are driving, staying safe on the road sometimes depends on reaction times. This involves three main steps: seeing a potential hazard, processing the information about it and physically reacting to avoid or address the situation.
Your vehicle will not react until you depress the brake pedal or turn the steering wheel, and it takes time for cars to respond to your directions. The quicker and more accurate your reactions, the better you can navigate the road.
Common distractions on the road
Various distractions contribute to the heightened risk of accidents. Electronic devices, such as smartphones, are major culprits. The allure of text messages, calls or social media notifications diverts attention away from the road. Other common distractions include adjusting the radio, eating or engaging in conversations with passengers.
Reading a text while driving takes about five seconds. In that time, if you are going at the average highway speed, you can cover the length of a football field. That is a lot of ground without your full attention on the road.
Types of injuries in distracted driving accidents
Accidents caused by distracted driving can result in a range of injuries, from minor to severe. Common injuries include whiplash, cuts, bruises and fractures. More severe accidents can lead to traumatic injuries like concussions, spinal cord injuries or even fatalities.
Staying focused on the road is not just a personal responsibility but a collective effort to prioritize road safety.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509282024-01-03T01:20:45Z2024-01-03T01:20:45Z1. Your actual medical costs
One of the biggest factors is the amount of medical bills and expenses related to your injury. This includes ambulance fees, hospital bills, costs for surgery, medication, physical therapy and any other treatments. The more severe the injury and higher the costs, the greater the claim value. Make sure to keep track of all of your expenses and receipts.
2. Your lost income
If your injury prevents you from working either temporarily or permanently, the lost income can significantly increase the value of your claim. Be prepared to provide pay stubs, tax returns and other documentation to prove lost wages. Lost future earnings also apply in the event of permanent disabilities.
3. Pain and suffering
Compensation for physical pain and emotional suffering is another element that boosts claim value. The average pain and suffering settlement is approximately $23,000. The more severe and lasting the impacts on your life, the higher this portion will be. Be prepared to describe how the injury affects your daily activities and quality of life.
4. Liability assignment
In some cases, shared fault for the accident can reduce your claim value. This depends upon the assessment of the accident and the role your own actions played. In South Carolina, comparative negligence laws allow you to collect provided that the other party carries more than half of the responsibility for the incident.
Consider each of these elements as you gather documentation to support your personal injury claim. The more information you have, the stronger your case is likely to be.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509252023-12-19T15:43:38Z2023-12-21T15:43:29ZCargo and hazardous materials
Trucks often carry different kinds of cargo, and some of them can catch fire easily. If there is a crash, anything in the truck can spill out and make the fire risk worse. Things like chemicals and fuels can catch fire and make burn injuries worse, making it harder for emergency workers and doctors to handle.
Vehicle design and safety measures
The design of trucks and safety features play an important role in preventing or lessening burn injuries. Older trucks might not have the latest gear, making them more likely to have problems like fuel tank breaks. Newer trucks have better safety features, like stronger fuel tanks, to try and stop spills and fires after a crash.
Emergency response challenges
Truck accidents make it tough for people who come to help in emergencies. These trucks are big and heavy, so putting out fires and saving people can take a long time. 86% of burns come from thermal causes, and in addition, if the response takes too long, the flames and burn injuries can get more intense.
The confusion and fear that occur directly after a commercial truck crash can linger in people's minds, especially if they face fires at the same time. Knowing why burn injuries happen in truck accidents helps everyone be safer on the road.]]>0On Behalf of Smith & Griffith, LLPhttps://www.andersonsclawyer.com/?p=509232023-12-13T20:26:50Z2023-12-13T20:26:50ZThe purpose of workers' compensation
Workers' compensation exists to provide financial support and medical benefits to employees who suffer job-related injuries. It is a safety net designed to help workers recover without facing financial hardships. However, employees often worry about potential repercussions, especially in terms of job security.
The legality of employer retaliation
In most cases, employers cannot legally retaliate against employees for filing a workers' compensation claim. Laws are in place to protect workers from unjust treatment due to seeking benefits after a workplace injury. This means that employers cannot terminate an employee simply because they filed a claim.
Communication is key
To ease concerns on both sides, open and honest communication is a must. Employers and employees should maintain clear lines of dialogue throughout the process. Employees can keep their employers informed about their recovery progress, while employers should provide necessary information about the workers' compensation process.
Protecting your rights
If you suspect any form of retaliation, it is important to document the situation and gather evidence. This documentation can serve as a protective measure if legal action becomes necessary.
Statistics show that there are approximately 4.9 million workers' compensation claims made each year. This number shows more than anything that claiming the compensation you deserve is a common and acceptable practice. It is not something that your employer has a right or reason to retaliate against.]]>0