Sep 19, 2012 | Uncategorized, Workers' Compensation
In Belton, South Carolina, near Anderson and Clemson, a 47-year-old worker was crushed to death in an accident at a South Carolina scrap metal yard, while he was on the job. Heavy equipment equipment ran him over .
The Anderson man was run over by a machine, a track hoe, loading a truck with scrap metal.
The Coroner said the trackhoe was lifting metal in a tight space. In the tight space either the injured victim or the machine operator failed to realize what the other was doing. Despite no reporting of foul play, both the Sheriff’s Office and the Occupational Safety and Health Administration (OSHA) are investigating the death, possibly wrongful.
Rock Hill Workers’ Compensation Attorney
If you or someone you love has been injured or killed on the job, you need a serious workers’ compensation attorney. Contact the attorneys of Reeves, Aiken & Hightower at 877-374-5999. Getting your best recovery depends on the attorney you choose. Call now.
Sep 19, 2012 | Car Accidents, Personal Injury, Uncategorized
A South Carolina Highway Patrol Officer was cited last Tuesday for driving too fast. Apparently, while the officer was travelling down Interstate 85, he hydroplaned on the wet road, flipping his vehicle over.
During the course of the accident, the Officer suffered minor injuries, was treated and then released from the Spartanburg Regional Medical Center. His injuries may have been more severe, had the officer not been wearing his seatbelt.
The Spartanburg County Sheriff’s Department handled the investigation, as it was their police officer whom was involved. Luckily, there were no other vehicles involved in this single-car wreck.
The Rock Hill Car Wreck Attorneys
Fortunately, no one was seriously injured in the aforementioned accident. However, that is not always the case. Often times, people are seriously injured in car wrecks, and the damage is more than just a car repair bill. With the Fall season just around the corner, all drivers must be extra vigilant when driving in the rain. Some drivers are less expirenced than others, especially some of the younger drivers. With Winthrop University being in the heart of the city, diligence is necessary to ensure the safety of our students, family members, and friends.
If you, or someone who you care about has been involved in any sort of serious car wreck, please call the lawyers at Reeves, Aiken, and Hightower to evaluate your claim. Contact us today and speak directly with one of our car wreck attorneys at 704-499-9000 or 877-374-5999 toll-free. We want to help you get the recovery you deserve.
Sep 18, 2012 | Brain Injury/Head Trauma, Uncategorized
New pediatric brain injury research suggests that disability caused by child traumatic brain injury (TBI) does not improve after two or three years meaning that quick intervention is necessary after child brain injury. The research supports the growing view that child brain injury should be viewed in a light different from adult brain injury.
While disability from child brain injury may improve for the couple years after the trauma, the improvement plateaus.
South Carolina Traumatic Brain Injury Attorneys
If someone you love has suffered a brain injury, contact the personal injury attorneys of Reeves, Aiken & Hightower. We have the experience to get your loved on their best recovery. Contact us at 877-374-5999.
Sep 18, 2012 | Uncategorized, Workers' Compensation
More analysis of last week’s Court of Appeals workers’ compensation decision, Lewis v. Dynasty, Inc.:
The South Carolina Court of Appeals in a workers’ compensation appeal ruled that an exotic dancer paid in cash was not an employee for the purposes of workers’ compensation.
The plaintiff was on her third night dancing at the Boom Boom Room in Columbia was shot while dancing (a few of the customers had gotten into a fight). She had not filled out an employment application nor signed an employment agreement. She simply showed up unannounced, gave the club a sort of bond, changed, and began dancing. This is apparently the custom.
The club, allegedly her employer, did not have workers’ compensation insurance as was required by law. Thus, the claim and appeals were defended by the South Carolina Uninsured Employers’ Fund.
Both the single Workers’ Compensation Commissioner and the panel ruled against the plaintiff, deciding that she was an independent contractor rather than an employee (to recover in workers’ compensation, the injured person must be an employee under the workers’ compensation statute).
The injured worker appealed the panel’s decision to the South Carolina Court of Appeals.
The only issue was whether she was an employee or an independent contractor.
In South Carolina, the analysis of whether a worker is an employee is to “examine[ ] four factors which serve as a means of analyzing the work relationship as a whole: (1) direct evidence of the right or exercise of control; (2) furnishing of equipment; (3) method of payment; [and] (4) right to fire.” Wilkinson ex rel. Wilkinson v. Palmetto State Transp. Co., 382 S.C. 295, 299, 676 S.E.2d 700, 702 (2009). Perhaps surprisingly though, the question of whether the worker is an employee is jurisdictional, which means on appeal, the appellate body “may take its own view of the preponderance of the facts upon which jurisdiction is dependent,” Pikaart v. A & A Taxi, Inc., 393 S.C. 312, 317, 713 S.E.2d 267, 270 (2011), despite none of the judges being at the trial.
Before applying the Wilkinson test, the court tips its hand, pointing out that in its view the dancer was “an itinerant artistic performer.” Since she was a travelling dancer, not tied down to any one club, and since she kept the majority of her tips, she faces something of a presumption against being an employee. Besides the court emphasizing the unorthodoxy of the situation, and the method of payment, nothing special is going on.
- Right or exercise of control – The court decided that this factor weighed against an employment relationship, despite club’s control of prices and dancing times, because the club did not tell the worker how to dance.
- Furnishment of equipment – The court disregards as unimportant under the Wilkinson analysis the equipment provided by the club, i.e. the stage, poles, couches, rooms, and music. In the view of the court, the only relevant equipment is the “equipment” brought by the dancer to the club. Thus the court finds that this factor weighs against an employment relationship.
- Method of payment – This factor weighs heavily against the worker. The dancer actually paid the club for the right to perform there, she paid the club a portion of her VIP, private dance fees, and she tipped the DJ and bartender. The club paid her nothing.
- Right to fire – The court decided that the right to fire factor weighed against the worker as well. The employment was to only last the evening, and virtually the only actions that would get a dancer kicked out were illegal.
The factors as applied by the court all weighed against the worker.
In the dissent, Judge Short, recognizing the unusualness of the situation just as the majority did, goes the opposite way. Since the club provided everything to the dancer except the dancing, since the club had the right to throw the dancer out at any time without contractual recourse, the dancer was in fact an employee rather than an independent contractor and should be entitled to a workers’ compensation recovery for being shot on the job.
Rock Hill Workers’ Compensation Attorneys
If you or someone you love has been injured in a workers’ compensation accident, you need serious legal help. At Reeves, Aiken & Hightower, we have the experience necessary to get the recovery you deserve, the best possible recovery. Call us today at 877-374-5999.
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Sep 18, 2012 | Brain Injury/Head Trauma, Car Accidents, Personal Injury, Trucking/Tractor-Trailer Accidents, Uncategorized, Wrongful Death
Apparently, a trash can is to blame for a serious four-vehicle accident on I-26. The collision injured two people, but caused thousands to be late for work this past Monday.
According to the police report, the accident occurred when a car stopped on the bridge to avoid hitting a trashcan that was left in the roadway. From there, the chain-reaction crash continued with the second car rear-ending the first vehicle. The third vehicle then rear-ended the second, and the fourth vehicle hit the third, causing it to flip over.
The four car pile-up caused all but one of the four highway lanes to be closed down while emergency crews rapidly worked on cleaning up the mess.
The South Carolina Car Accident Attorneys
According to the National Highway Traffic Safety Administration (NHTSA), the number of traffic fatalities has been unexpectedly increasing as the months go on. In fact, for the first three months of 2012, the number of fatalities was at an all-time high.
NHTSA further released that approximately 7,630 people were killed in motor vehicle crashes in the first quarter, a 13.5 percent jump over the same period in 2011. With these numbers increasing at the rate they are, one can never be too safe while driving.
However, in the event that you or a loved one are involved in a motor vehicle collision, please contact the car accident attorneys at Reeves, Aiken, and Hightower to have your claim evaluated! Litigation maybe the only avenue to take to recover the medical costs and other damages that you may have lost. For more information on your options, please call us at 877-374-5999 for a private consultation to evaluate your case.
Sep 18, 2012 | DUI & DWI, Uncategorized
As South Carolina experiences an increase in DUI and BUI enforcement, many people in lowcountry areas such as Charleston, North Charleston, James Island, Folly Beach, West Ashley, Sullivans Island, Isle of Palms, Mount Pleasant, and Awendaw are unaware of the differences associated with driving under the influence and boating under the influence. While both charges are serious offenses, there are distinct differences in the procedures effecting the enforcement.
On land, law enforcement generally relies upon the Standardized Field Sobriety Test (SFST) to establish probable cause for a DUI arrest. The SFST was developed by the National Highway Traffic Safety Administration (NHTSA) and includes three tests: 1) Horizontal gaze nystagmus 2) walk-and-turn and 3) One-leg stand. There is an ongoing debate about the effectiveness and scientific nature of these tests, but for the time being they relied upon by law enforcement to continue the prosecution of alleged DUI offenders. Also, South Carolina law mandates that the officer videotape the suspect with his/her in-dash camera while conducting these tests.
Boating Under the Influence (BUI) differs in multiple ways from a DUI. For the most part, the Department of Natural Resources is tasked with the responsibility to enforce the BUI laws. Similarly to the NHTSA, the National Association of State Boating Law Administrators has developed its own method for testing boater’s sobriety. As you can imagine, it would not make much sense to administer the walk-and-turn test or the one-leg stand while on an unstable boat so the NASBLA test differs from the Standardized Field Sobriety Test. DNR uses the “Afloat Test Battery” to determine the sobriety of a boater. This test includes reciting the ABC’s, counting backwards from 25 to 1, a finger dexterity test, a palm pat test, and a touch finger to nose test. It is also an important distinction to realize that BUI laws do not require the arresting officer to videotape the suspect.
As the waterways, rivers, and lakes heat up it is important to understand the boating laws and the seriousness of both DUI/BUI offenses. In areas in and around the South Carolina lowcountry such as Sullivans Island, Isle of Palms, Folly Beach, James Island, Charleston, West Ashley, North Charleston, Moncks Corner, Mount Pleasant, and Awendaw, boaters will notice an increased DNR presence looking for drunk boaters. The DUI/BUI attorneys at Reeves Aiken & Hightower LLP stand ready to help you if you have been arrested and charged for DUI, BUI or DUAC. Before hiring an attorney, you should carefully check out their credentials and actual experience. For more information about our lawyers, please visit our website at www.rjrlaw.com. Or to schedule a confidential consultation about your particular case, please call us directly at 877-374-5999.
