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Workers' Compensation Archives

Motor vehicle accidents and work fatalities

South Carolina residents may be surprised to learn that motor vehicle accidents are to blame for a little more than a third of all on-the-job deaths that transpire in the U.S. According to the Bureau of Labor Statistics, during a seven-year period from 2003 to 2010, people working near heavily traveled areas such as highways and industrial sites were at the greatest risk of death by a motor vehicle.

Construction worker dies in accident on South Carolina highway

On Oct. 23, a 27-year-old driver in Beaufort County struck and killed a construction worker, according to the South Carolina Highway Patrol. The pedestrian accident reportedly occurred on eastbound South Carolina Highway 170 at around 2:10 a.m.

What rights do workers have under workers' compensation?

People who have been injured on the job in South Carolina may be unsure of their rights when they prepare to seek workers' compensation benefits. The South Carolina Workers' Compensation Act entitles injured workers to certain considerations and protections in the process of filing a claim or appeal.

Subsequent or Later Accident Can Be A Serious Problem in Your Workers Compensation or Auto Accident Claim

So you had an obvious injury and want to settle or have a trial - what could be the problem.  A later accident or injury may be a defense for the workers compensation carrier or at-fault party to allow them to avoid paying for your damages.  Legally, this defense is usually called the "superceding intervening cause" defense.  In other words, the defendant says that the subsequent or later accident breaks the direct connection between the cause of the original injury and the current injury which may relieve the defendant of liability for the injury - they claim the problem is now all from the second injury or the two cannot be separated. Even if you say the second accident did not cause more injury, the defendant will claim that it did especially if you received any medical treatment.

South Carolina standoff leaves 2 dead, 1 injured

According to reports, a South Carolina sheriff's deputy died and another official was wounded as they were engaged in a shooting incident on Sept. 8. A third individual, a retired Isle of Palms fire chief, also died when he tried to assist officers in the incident.

Independent Contractor or Not? for Workers Compensation Claim

See link FedEx Drivers Improperly Classified as Independent Contractors  According to the Federal Ninth Circuit Court of Appeals, FedEx improperly labeled delivery drivers as independent contractors which deprived them of employee benefits and rights.  FedEx had too much control over the drivers for them to be considered independent contractors.  South Carolina has specific rules to determine if truck drivers are employees covered by workers compensation or are not when the employer alleges that the driver is an indepedent contractor.  This is a complex legal issue and if you have this situation, please contact us for assistance.

Federal laws require climbing safety gear for all lineworkers

South Carolina workers may be interested in recently enacted rules pertaining to electrical workers who climb power lines, poles and towers. Heretofore, these workers were exempted from federal laws mandating the use of safety equipment for people who work at height. Thus, 'free climbing" has been a common practice among electrical lineworkers, according to authorities. However, new rules announced by the Occupational Safety and Health Administration will reportedly force electrical lineworkers to conform to safety requirements that are standard for climbing-related jobs.

"Free climbing" practice to be banned for lineworkers

South Carolina residents may be interested to learn about new safety rules for electric utility workers recently announced by OSHA. Beginning in July, electrical lineworkers will no longer be allowed to 'free climb" -- that is, ascend towers without harnesses -- on transmission towers. With the new ban on free climbing, employers will now have to provide climbers with a harness or send them up to do work in bucket trucks.

Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

Phone: 864-261-1571 (Personal injury)
Phone: 864-261-1912 (Workers' compensation)
Fax: 864-222-2257
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