SC Workers’ Compensation Amputation Injuries

While great strides have been made in workplace safety, in factories, mills, harbors and every other workplace, injuries on the job causing amputation or requiring amputation still occur.  Whether the amputation is caused by a drill press, powered conveyor belt, unshielded or unguarded mechanical power press, power press brake, roll-forming or rollbending machine, food slicer, meat grinder, meat-cutting band saw, printing press, milling machine, hand tools, like shears, grinders, and slitters, or forklifts, doors, or trash compactors, the workers’ compensation recovery is based off of the same factors: time temporarily disabled, type of amputation injury suffered, and permanent total disability or permanent total disability rating.

The workers’ compensation amputation injury recoveries for a given type of amputation injury are calculated by multiplication of a statutory number of weeks times 2/3’s of the average of the worker’s weekly salary over the four quarters before the accident.  Below are the maximum recoveries for amputation injuries in workers’ comp, given in weeks and multiplied by the maximum allowed average weekly salary of $705.

  • Thumb – 65;  Max: $45,825
  • Finger – Index (1st) 40; Max: $28,200
  • Finger – Middle (2nd) 35; Max: $24,675
  • Finger – Ring (3rd) 25; Max: $17,625
  • Finger – Little (4th) 20; Max: $14,100
  • Toe – Great 35; Max: $24,675
  • Toe – Other 10; Max: $7,050
  • Amputation: Below 1st joint –  Entire Digit
  • Amputation: Above base of nail  – 1/4 wks; Max: $176.25
  • Amputation: Above 1st joint – 1/2 wks; Max: $352.50
  • Hand – 185; Max: $130,425
  • Arm – 220; Max: $155,100
  • Leg – 195; Max: $137,475
  • Foot – 140; Max: $98,700

Rock Hill Workers’ Compensation Attorneys

If you have been injured or killed in an accident on the job, call the South Carolina Workers’ Compensation attorneys of Reeves, Aiken and Hightower at 877-374-5999 to talk to an attorney who can help you understand and evaluate your claim and help you get the best recovery possible.

I-95’s Deadly Stretch Causes Several Accidents- SC Attorney

A 24- year-old  Marine lost his life this past weekend after being involved in a car accident in one of the most deadly stretch of Interstate that I-95 has to offer.

Statistics have shown that there is a particular section of this highway that is infamous for numerous accidents within the bounds of the roadway. The number of accidents is extraordinary since the year has begun: 132 car accidents so far in the same area of I-95 in Florence County for 2012.

The  South Carolina Department of Public Safety ( SCDPS) believes this number will increase as the year and holiday season begin. 2011 was a grizzly one as well, reporting 220 car accidents in the ” deadly stretch.”

Drivers who use I-95 on a regular basis have been offering suggestions on how to reduce the number of car accidents, but have not yet been fully heard. Daily driver, Natalie Bates spoke out and suggested that ” if the lanes were wider…if the road was in better condition, [or] if there were some signs showing speeds that people are going.” She additionally noted how is more State Patrol cars were available to monitor the speed, the incident number may also decrease.

Ultimately, the main issue boils down to the fact that the speed in the ” deadly stretch” is an extraordinary 75 mph! The SCDPS has reported that more than 50% of the accidents that occur on this roadway can be attributed to the speed of the drivers. And with 75 mph as the base, drivers are inclined to travel anywhere upwards to 90 mph at any given point, almost tripling the death rate if the car were to collide with another at that rate.

Common drivers of the highway also believe that vacationers on the way to the beach contribute to the accidents, as they are not as familiar with the roadways, speeds, and turns that the highway has in store.

Public Safety Officials have repeatedly encouraged drivers to follow the posted speed, and to not allow the 75 mph posting to be pushed beyond its limits. Speeding is the number one cause of accidents that happens on the roadways. Couple speeding with distraction and you have the perfect recipe for disaster.

North and South Carolina Attorneys

If you, or someone you love has been injured in a car accident or any sort, please contact the Offices of Reeves, Aiken, and Hightower, LLP to get the help that you deserve. With experienced attorneys on your side, Reeves, Aiken, and Hightower are ready and willing to help. Call us at 877-374-5999, or contact us using this form, to speak with an attorney who will help you evaluate your claim.

 

Product Recall Round-up

Products are typically recalled when manufacturers recognize they have released products to the public that are likely to cause personal injury.  When you have been injured by such products, you are very likely entitled to relief from the product’s manufacturer.  Contact our products liability attorneys immediately at 877-374-5999 or contact us at this link.  We can give you the help you need to be made whole after an  injury.  Below are products that have recently been recalled.

(more…)

Tate Blvd. Shuts Down for Overturned Truck- Hickory Attorney

Last Wednesday afternoon was a slow one for fellow drivers of the Hickory area. A large portion of one of the major roadways in Hickory, Tate Boulevard, was shut down for several hours due to an overturned tractor-trailer, causing major delays in traffic.

The wreck involved only one tractor-trailer that overturned while attempting to make a sharp left turn onto Tate Blvd. from 26th Street Drive in Hickory. The accident occurred around 3:10 p.m. Speed attributed to the cause of the accident, as the driver of the tractor-trailer did not slow his rig to the speed needed to make the angle of the turn.

Making matters worse, as the officials attempted to turn the vehicle upright, the truck was quickly compromised and caught aflame.  Apparently, the truck was carrying fuel, in which one of the barrels has a leak that initiated the fire.The Hickory Fire Department was subsequently called to the scene.

Thereafter, another tractor-trailer was called to the scene to unload the fuel and other supplies from the overturned vehicle in order to lighten the load and turn the vehicle upright, once and for all.

The North Carolina Tractor-Trailer Truck Accident Attorneys of Reeves, Aiken & Hightower

Tractor-trailers can be very dangerous vehicles, as they are hard to see around, and also infamous for having deadly blind spots. If you or a loved one have been injured or killed by a tractor-trailer truck, you need an experienced trucking accident attorney like those at Reeves, Aiken & Hightower.  Call us at 877-374-5999, or use this form, to speak with an attorney who can help you evaluate your claim and get you the best possible recovery.

Accident Law and Indian Reservations – NC Accident Attorneys

We all have a vague idea that the laws are different on Indian reservations like the one in North Carolina, the Eastern Band of Cherokee Indians, but what does it really mean after an car, truck, or motorcycle accident?  Basically it affects the court in which the matter will be heard: Tribal Court, State Court or Federal Court.

Basically, if the defendant is a member of the local tribe, a car accident case will generally be heard in the tribal court; if the defendant is a non-member of the tribe, a car accident case will generally be heard in state (or federal) court, even if the accident occurred on roads within the Indian reservation.

The basic reason for this is that, as long as the road was on a right-of-way given by the reservation to the state or federal government, the tribe’s claim of jurisdiction over non-members is fairly weak.  The accident occurred on a road that the tribe barely regulates and generally non-members tort defendants will generally have little meaningful interaction with the tribe.  The non-member came on the reservation to visit, isn’t a member of the tribe, and merely got into an accident on (usually) a state maintained road. The basis for giving the tribe jurisdiction over a non-member accident defendant is seemingly weak.

However, members obviously should be under jurisdiction of the tribe, and perhaps are owed the protection that a tribal venue might give.  Thus, when members are the defendants, the tribal court will likely have jurisdiction.

These are just the basic rules though.  State courts may have concurrent jurisdiction in these types of car, truck, and motorcycle accident cases, and federal courts will have jurisdiction over whether or not the tribal court has jurisdiction.  Federal courts may even have diversity jurisdiction in some cases as well.

Interestingly, it may not be so bad for the non-member defendant to try their car, truck, or motorcycle accident case in Tribal Court rather than North Carolina court: The Eastern Band of Cherokee Indians recognizes comparative negligence rather than North Carolina’s contributory negligence.

North Carolina Car, Truck, and Motorcycle Accident Attorneys

If you or a loved one has been injured or killed anywhere in the Carolinas, call our accident attorneys at 877-374-5999.  You’ll speak to an attorney who will help you evaluate your case, and we’ll fight to get you your best possible recovery.

Blood Thinner Pradaxa Investigation ongoing-South Carolina Drug Lawyer

Prescription drug Pradaxa (dabigatran etexilate mesylate), a blood thinner, was introduced in the US a couple years ago. Used in treatment of atrial fibrillation, a type of irregular heart rhythm, the drug reduces the risk of blood clots and stroke. However, there is increasing concern of injury from the drug’s dangerous side-effects, viz. serious internal bleeding, and resultant death.

Boehringer Ingelheim, the Pradaxa manufacturer, reports more than 250 deaths as a result of these side-effects since 2010.

Pradaxa is more dangerous for the usual suspects: people older than 75, persons with kidney issues, and persons with stomach ulcers or recurring stomach or intestinal bleeding.

FDA safety review of Pradaxa began late last year.  The drug has yet to be recalled, and there are no indications that it will be recalled; however, current Pradaxa litigation has been consolidated in a St. Louis federal District Court in a multi-district litigation (MDL) proceeding.

Pharmaceutical companies are legally responsible for harm caused by unsafe drugs. If you have been injured by a defective drug, you have a limited amount of time to seek compensation, so act promptly.

If you have experienced complications from Pradaxa, including internal bleeding, you may have legal rights to claim compensation. Contact the MEDLAW legal team of Janet, Jenner & Suggs, LLC, today. We offer a free, no-obligation consultation.  An experienced Pradaxa side effects attorney will review your situation and explain your legal rights free of charge.

South Carolina Defective Drug Attorneys

If you or someone you know was injured or died by use of Pradaxa, you should immediately speak to a Pradaxa drug injury lawyer.  Call us today at 877-374-5999 to speak with an attorney who can help you evaluate your claim and injury and help you get the recovery you deserve.