Jan 3, 2012 | Car Accidents, Personal Injury, Uncategorized, Workers' Compensation
You were injured on the job. You’ve been released from medical care, and the doctor has given you an impairment rating. Now what?
Unless you qualify for permanent and total disability, which we will discuss in a subsequent blog, you will be assigned an impairment rating to a particular part of your body depending on your injury. For example, if you injured your knee at work and had arthroscopy surgery, the treating physician may release you from care and give you a 10% impairment rating. If you look down the list in the code section below, you will find the knee is worth 195 weeks total. Given the 10% rating, you would be entitled to a minimum of 19.5 weeks (195 x 10%) of weekly compensation. I say at a minimum because impairment ratings are only one factor the Commission uses to determine an award of disability. Other factors include the injured workers age, education, prior work history, permanent work restrictions, and future medical treatment needs. The following is the actual statutory law for your review. It is SC Code Section 42-9-10:
Schedule of period of disability and compensation.
In cases included in the following schedule, the disability in each case is considered to continue for the period specified and the compensation paid for the injury is as specified:
(1) for the loss of a thumb sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks;
(2) for the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks;
(3) for the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(4) for the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;
(5) for the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks;
(6) the loss of the first phalange of the thumb or any finger is considered to be equal to the loss of one half of such thumb or finger and the compensation must be for one half of the periods of time above specified;
(7) the loss of more than one phalange is considered the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;
(8) for the loss of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(9) for the loss of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;
(10) the loss of the first phalange of any toe is considered to be equal to the loss of one half of such toe and the compensation must be for one half the periods of time above specified;
(11) the loss of more than one phalange is considered as the loss of the entire toe;
(12) for the loss of a hand, sixty-six and two-thirds percent of the average weekly wages during one hundred and eighty-five weeks;
(13) for the loss of an arm, sixty-six and two-thirds percent of the average weekly wages during two hundred twenty weeks;
(14) for the loss of a shoulder, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks;
(15) for the loss of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(16) for the loss of a leg, sixty-six and two-thirds percent of the average weekly wages during one hundred ninety-five weeks;
(17) for the loss of a hip, sixty-six and two-thirds percent of the average weekly wages during two hundred eighty weeks;
(18) for the loss of an eye, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(19) for the complete loss of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five weeks, and the commission, by regulation, shall provide for the determination of proportional benefits for total or partial loss of hearing based on accepted national medical standards;
(20) total loss of use of a member or loss of vision of an eye is considered as equivalent to the loss of the member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye is the proportion of the payments provided in this section for total loss as such partial loss bears to total loss;
(21) for the loss of use of the back in cases where the loss of use is forty-nine percent or less, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. In cases where there is fifty percent or more loss of use of the back, sixty-six and two-thirds percent the average weekly wages during five hundred weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back the injured employee shall be presumed to have suffered total and permanent disability and compensated under Section 42-9-10
(B). The presumption set forth in this item is rebuttable;
(22) for the total or partial loss of, or loss of use of, a member, organ, or part of the body not covered in this section and not covered under Section 42-9-10 or 42-9-20, sixty-six and two-thirds of the average weekly wages not to exceed five hundred weeks. The commission, by regulation, shall prescribe the ratio which the partial loss or loss or partial loss of use of a particular member, organ, or body part bears to the whole man, basing these ratios on accepted medical standards and these ratios determine the benefits payable under this subsection;
(23) proper and equitable benefits must be paid for serious permanent disfigurement of the face, head, neck, or other area normally exposed in employment, not to exceed fifty weeks. Where benefits are paid or payable for injury to or loss of a particular member or organ under other provisions of this title, additional benefits must not be paid under this item, except that disfigurement also includes compensation for serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation. The weekly compensation payments referred to in this section all are subject to the same limitations as to maximum and minimum as set out in Section 42-9-10.
As you can see, there are a number of provisions in this Code section that interact with other parts of the law. Even if you have a “simple” case, you should meet with an experienced workers’ compensation attorney and see what options you may have.
At Reeves, Aiken & Hightower LLP, our lawyers are experienced workers’ compensation attorneys. Robert J. Reeves is a former Registered Nurse (RN) who has actually treated patients with the same type of serious injuries he now represents in workers’ compensation cases. Both Robert J. Reeves and Arthur K. Aiken are former insurance defense attorneys who know how to anticipate and prepare for defenses and insurance company tactics. During our twenty-two (22) years each of practicing law, we have successfully handled virtually every type of workers’ compensation injuries, including neck, back, shoulder, knee accidents, closed head / brain injury, herniated disks, bulging disks, diskectomy surgery, fusion procedures, arthroscopy, chemical and fire burns, automobile accidents on the job, psychological / post traumatic stress, permanent and total disability claims, and wrongful death. We welcome the opportunity to sit down and personally discuss your case. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation. www.rjrlaw.com
Jan 2, 2012 | DUI & DWI, Uncategorized
While researching current updates on breathalyzers, I came across this sales pitch for a “personal” model. Frankly, it is difficult to imagine a market for such a device. But, the sales information was very revealing as to how utterly unreliable these “alcohol breath testing” machines really are. I have highlighted those sections which are essentially disclaimers. See for yourself. Here’s the article I found:
“If you’ve been searching for the best breathalyzer to suit your personal alcohol tester needs, here are a few considerations you should keep in mind before buying.
The best breathalyzer for any individual who wants to test their blood alcohol content (BAC) on a regular basis is one with a fuel cell sensor. The fuel cell sensor technology is normally found on professional breathalyzer devices. The reason a fuel cell model is considered the best breathalyzer technology is due to it’s superior accuracy over other breathalyzer sensors such as the semiconductor. While the professional breathalyzer is created for professional use by law enforcement, clinics and other professional environments, many models are FDA 501(k) approved for sale and use by the general public.
Generally speaking, the fuel cell breathalyzers range in price from approximately $120 to upwards of $400. Although with that said, the better semiconductor models are near the $100 price level so it may, in some cases, make more sense to go with the professional grade breathalyzer.
The greater accuracy of the professional, fuel cell (or best) breathalyzer is partially dependent on the sensor’s ability to detect the difference between alcohol and higher acetone levels which can be found in individuals with diabetes or those on low-calorie diets. Also, professional breathalyzers feature the ability to give the same result on the same individual when testing repeatedly. In other words, if the same person blows into the mouthpiece in test after test, the results will be similar more often from a fuel cell sensor than a semiconductor model.
The best breathalyzer for your needs will also depend on the device’s ability to pull in an adequate deep lung breath sample. Many professional and personal breathalyzers feature a built “fan” of sorts that will pull the sample in and thus assure the proper deep lung sample is acquired. Many will also beep or otherwise alert the testing individual if the sample is incomplete and testing needs to be repeated.
Finding the best breathalyzer for your needs may also depend on recalibration requirements. The majority of both personal breathalyzer and professional breathalyzer models need to be returned to the manufacturer after a number of tests so that they can be re-calibrated and shipped back. This is usually done ever 1,000 tests (some don’t require recalibration for 1,500 tests) at a cost of about $30-$50. For individuals, it’s likely that the recalibration needs will be a lot less than those devices used for professional use. Either way, it is important, for the greatest accuracy that the devices are re-calibrated and that testing is done as directed by the manufacturer.”
As you can see, the manufacturers tell the buying public that their devices are not fool-proof. In fact, the results are very dependent on a number of variables. And this is with a brand new breathalyzer right out of the box. With these very difficult economic times, almost every county and city police department budget is under review. There are simply no funds for new equipment, and I fear not enough money for proper maintenance of the equipment they have. Nevertheless, courts and legislatures currently allow breathalyzer results into evidence and treat them as absolutely accurate without serious question. I am reminded that “lie detector” tests were similarly accepted for years but are no longer deemed reliable enough for prosecution. I hope that one day the “breathalyzer” will go the way of the “lie detector.” The only truly accurate test is a blood alcohol test performed by a licensed health professional and certified lab facilities.
If you are arrested for suspicion of drunk driving (DUI / DWI), ask for a blood alcohol test and then consult an experienced DUI / DWI attorney. At Reeves, Aiken & Hightower LLP, our attorneys have over 70 years of combined trial experience in both civil and criminal courts. We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to try to reduce your DUI charge to reckless driving. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation of your case. www.rjrlaw.com
Jan 1, 2012 | Car Accidents, Personal Injury, Uncategorized, Workers' Compensation
Commission Approves 3% Increase on Maximum Compensation Rate
Each year, the maximum “compensation rate” is adjusted to reflect inflation and cost of living increases. An injured worker’s particular compensation rate is determined by the year of injury. Once set, it does not change. Unfortunately, you do NOT get a “raise” when the rates change even though it costs more to pay your bills. Oftentimes, the insurance carrier makes an initial estimate of the compensation rate. And even more often, that initial estimate is deliberately low. Once the employer completes a Form 20, an exact compensation rate is calculated and payments should be adjusted.
During their December 19, 2011 full Commission Business Meeting, the SC Workers’ Compensation Commission approved a 3% increase to the maximum compensation rate for 2012. The rate for 2011 is $704.92 and the new rate beginning January 1 will be $725.47 which is a $20.55 increase over the previous year. Accidents that occur on or after January 1, 2012 will use the new maximum weekly compensation rate.
Hiring an experienced workers’ compensation attorney will speed up the process of getting paid the correct compensation rate. Also, in those cases where the initial rate was too low, the lawyer will seek a lump sum payment to bring the total compensation due current.
At Reeves, Aiken & Hightower LLP, our lawyers are experienced workers’ compensation attorneys. Robert J. Reeves is a former Registered Nurse (RN) who has actually treated patients with the same type of serious injuries he now represents in workers’ compensation cases. Both Robert J. Reeves and Arthur K. Aiken are former insurance defense attorneys who know how to anticipate and prepare for defenses and insurance company tactics. During our twenty-two (22) years each of practicing law, we have successfully handled virtually every type of workers’ compensation injuries, including neck, back, shoulder, knee accidents, closed head / brain injury, herniated disks, bulging disks, diskectomy surgery, fusion procedures, arthroscopy, chemical and fire burns, automobile accidents on the job, psychological / post traumatic stress, permanent and total disability claims, and wrongful death. We welcome the opportunity to sit down and personally discuss your case. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation. www.rjrlaw.com
Dec 27, 2011 | DUI & DWI, Uncategorized
What To Do If You’re Stopped For Drunk Driving
- When you see “blue lights,” activate your turn signal and safely pull over to the side of the road or nearest parking area. Do not stop in the middle of the road or make sudden movements with your vehicle. Stay calm.
- Place both hands on the steering wheel in plain view. If stopped at night, turn on your vehicle’s interior lights. Police officers need to see that you do not pose a threat to them, and your interaction will be better if you eliminate this potential issue.
- When asked, “how much have you had to drink,” politely and respectfully decline to answer until you have spoken with a DUI lawyer. Remember, you are NOT required to answer any incriminating questions. But, be polite. The police are there to do a job.
- When asked to get out of the vehicle, do so promptly and keep your hands visible at all times. Again, keep the police officer at relative ease.
- When instructed that you will be performing certain “roadside” or “field sobriety tests,” again politely and respectfully decline until you have spoken with a DUI attorney. As with all other inquiries, you are NOT required to participate in these tests. At this point, you will probably be arrested for suspicion of drunk driving, placed in handcuffs, and put in the back of the patrol car.
- Once put in the back of the patrol car, you will most likely be videotaped or recorded during the ride to the police station. Look outside the window and do NOT talk. Any statements made can and will be used against you later in Court.
- Upon arrival at the police station, you will be taken for Breathalyzer testing. Again, politely and respectfully decline until you have spoken with a DUI lawyer. As before, you are NOT required to take these tests. Your driving privileges will be suspended, but restricted licenses are available so that you can get to work, school, or medical appointments. Also remember that you are being videotaped at this stage, so be very careful what you say and do.
- Once processed and placed in jail, the next step will be a “bond hearing” at which point a monetary amount will be assessed to get out of jail. We recommend you use a “bail bondsman” so that you pay only 10% – 15% of any required bond. Do NOT pay the full bond. You’re going to need money to hire an experienced DUI attorney and get a restricted license.
- Most people get into trouble on weekends and holidays when it is usually very difficult to contact a lawyer. Look for firms that advertise mobile phone numbers. Also, look for DUI lawyers who have real trial experience. You don’t want inexperience here. A DUI conviction has both immediate and long-term effects on your permanent record.
- Always drink responsibly and have a designated driver. The goal is to get home safe and sound. But if you do make a mistake, we are not here to judge you. We are here to help. Call us and let’s get started.
At Reeves, Aiken & Hightower LLP, our attorneys have over 70 years of combined trial experience in both civil and criminal courts. We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. Our lawyers are licensed in both states and are effective criminal trial attorneys. We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to reduce your DUI charge to reckless driving. Call us today for a free attorney case review of your particular situation. We are here to help.
Dec 27, 2011 | Car Accidents, Personal Injury, Uncategorized, Workers' Compensation
I am injured on the job. I need my benefits started? What can I do if the carrier is taking too long?
Here is what the actual law says. At the end, I will explain what it means. Keep reading.
Section 42-17-20 (SC Code of Laws):
Hearing before Commission on compensation payable.
If the employer and the injured employee or his dependents fail to reach an agreement in regard to compensation under this Title within fourteen days after the employer has knowledge of the injury or after a death or if they have reached such an agreement which has been signed and filed with the Commission and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make application to the Commission for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such application has been received the Commission shall set a date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. The hearing shall be held in the city or county in which the injury occurred, unless otherwise agreed to by the parties and authorized by the Commission.
What this section means is that once a worker is injured on the job and reports the accident to his employer, there is a fourteen (14) day window for the insurance carrier to make a decision about accepting the claim and beginning benefits. The carrier will investigate all new claims. They will talk with witnesses and will probably want to take a “recorded statement” of the injured worker. It is never a good idea to give a recorded statement without an experienced workers’ compensation lawyer present. Adjusters are there to do a job, and that job is to limit benefits if there is any doubt about a claim. If accepted, initial benefits include medical treatment and weekly benefits, if written out of work or the employer is unable to provide work within restrictions. The treating medical provider would provide the work restrictions or limitations (no lifting over 20 pounds). The employer and carrier are required to recognize only those out of work or work restrictions from the authorized provider. An injured worker is not allowed to use a doctor or provider on their own.
This is the best time to consider hiring an experienced workers’ compensation attorney. The earlier we get involved, the better we can help manage your case and medical treatment. We want the best possible outcome for you and your family, both medically as well as financially. If you are seriously injured, a work-related accident can affect you for years and may even change your life forever.
At Reeves, Aiken & Hightower LLP, our lawyers are experienced workers’ compensation attorneys. Robert J. Reeves is a former Registered Nurse (RN) who has actually treated patients with the same type of serious injuries he now represents in workers’ compensation cases. Both Robert J. Reeves and Arthur K. Aiken are former insurance defense attorneys who know how to anticipate and prepare for defenses and insurance company tactics. During our twenty-two (22) years each of practicing law, we have successfully handled virtually every type of workers’ compensation injury, including neck, back, shoulder, knee accidents, closed head / brain injury, herniated disks, bulging disks, diskectomy surgery, fusion procedures, arthroscopy, automobile accidents on the job, psychological / post traumatic stress, permanent and total disability claims, and wrongful death. We welcome the opportunity to sit down and personally discuss your case. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation. www.rjrlaw.com
Dec 26, 2011 | Car Accidents, Personal Injury, Uncategorized, Workers' Compensation
What about medical treatment when you’re hurt on the job? Who controls?
Here is the actual law as it is written in the South Carolina Code of Laws. We explain what it all means at the end. Keep reading.
SECTION 42-15-60. Time period medical treatment and supplies furnished; refusal to accept treatment; settled claims; total and permanent disability.
(A) The employer shall provide medical, surgical, hospital, and other treatment, including medical and surgical supplies as reasonably may be required, for a period not exceeding ten weeks from the date of an injury, to effect a cure or give relief and for an additional time as in the judgment of the commission will tend to lessen the period of disability as evidenced by expert medical evidence stated to a reasonable degree of medical certainty. In addition to it, the original artificial members as reasonably may be necessary must be provided by the employer. During any period of disability resulting from the injury, the employer, at his own option, may continue to furnish or cause to be furnished, free of charge to the employee, and the employee shall accept, an attending physician and any medical care or treatment that is considered necessary by the attending physician, unless otherwise ordered by the commission for good cause shown. The refusal of an employee to accept any medical, hospital, surgical, or other treatment or evaluation when provided by the employer or ordered by the commission bars the employee from further compensation until the refusal ceases and compensation is not paid for the period of refusal unless in the opinion of the commission the circumstances justified the refusal, in which case the commission may order a change in the medical or hospital service. If in an emergency, on account of the employer’s failure to provide the medical care as specified in this section, a physician other than provided by the employer is called to treat the employee, the reasonable cost of the service must be paid by the employer, if ordered by the commission.
(B)
(1) When a claim is settled on the commission’s Agreement for Permanent Disability/Disfigurement Compensation form, the employer is not required to provide further medical treatment or medical modalities after one year from the date of full payment of the settlement unless the form specifically provides otherwise.
(2) Each award of permanency as ordered by the single commissioner or by the commission must contain a finding as to whether or not further medical treatment or modalities must be provided to the employee. If the employee is entitled to receive such benefits, the medical treatment or modalities to be provided must be set forth with as much specificity as possible in the single commissioner’s order or the commission’s order.
(3) In no case shall an employer be required to provide medical treatment or modalities in any case where there is a lapse in treatment of the employee by an authorized physician in excess of one year unless:
(a) the settlement agreement or commission order provides otherwise; or
(b) the employee has made reasonable attempts to obtain further treatment or modality from an authorized physician, but through no fault of the employee’s own, is unable to obtain such treatment or modalities.
(C) In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall be paid during the life of the injured employee, without regard to any limitation in this title including the maximum compensation limit. In cases of permanent partial disability, prosthetic devices shall be furnished during the life of the injured employee or for as long as such devices are necessary.
So what does all this mean? Well, it means an injured worker gets medical treatment but with fairly substantial restrictions. For example, the employer (or their insurance carrier) chooses which doctor you see. They get to manage and control your treatment, even if you disagree with the physician or do not believe they have your best interests in mind. Frankly, most doctors are conservative by nature. And, it often seems they are more concerned with their insurance contract than your particular concerns. Even before making a definitive diagnose, treatment usually starts with “conservative care” (i.e. physical therapy). When that fails, then an MRI or CT scan is finally ordered. When it is learned that the injured worker has something more serious, surgery is scheduled. The result is delayed recovery, and sometimes, additional permanent disability.
At Reeves, Aiken & Hightower LLP, our lawyers are experienced workers’ compensation attorneys. Robert J. Reeves is a former Registered Nurse (RN) who has actually treated patients with the same type of serious injuries he now represents in workers’ compensation cases. Both Robert J. Reeves and Arthur K. Aiken are former insurance defense attorneys who know how to anticipate and prepare for defenses and insurance company tactics. During our twenty-two (22) years each of practicing law, we have successfully handled virtually every type of workers’ compensation injury, including neck, back, shoulder, knee accidents, closed head / brain injury, herniated disks, bulging disks, diskectomy surgery, fusion procedures, arthroscopy, automobile accidents on the job, psychological / post traumatic stress, permanent and total disability claims, and wrongful death. We welcome the opportunity to sit down and personally discuss your case. Compare our attorneys’ credentials to any other firm. Then call us for a private consultation. www.rjrlaw.com
