Who’s the employer? New Statutory Employer Workers’ Comp Case

Fortner v. Evans Construction, a recent South Carolina Court of Appeals case, examines some of the complications that can arise in employers in workers’ compensation cases, especially in cases involving construction settings.  In Fortner, the employee fell off of a roof while pressure washing.   The issue on appeal in the case is which construction company Fortner was an employee of, either Evans Construction or Custom Building (owned and operated by the son of the owner/operator of Evans Construction).

This issue is key because only an “employee” can bring a workers’ comp claim, and the employee can only bring his claim against an “employer” (the definitions of these terms in South Carolina come from the workers’ compensation statute and the collective judicial gloss on the statute).  A common controversy is over whether the worker is actually an employee, or rather an independent contractor. However, some cases, like Fortner, present the opposite problem: which business is the employer? (more…)

Rock Hill Man Electrocuted While at Working at Local School

A 44-year old Rock Hill resident was killed while working at Marlboro High School in Bennettsville, NC.

Sadly, the man was a electriction, and lost his life when he was electrocuted when doing some regulatory mainteneice on the generators. It is unclear exaclty when the man was killed becuase he was not founf until Wednesday moring; leaving the possibility that he may have been electrocuted Tuesday night and stayed in the electrical room until morning.

The body was found by a fellow employee who enetered the electrical room to get some supplies. The man was working alone at the time of the accident, where it was reported that he was called to the the highschool to fix the generators.

The victim’s body has been sent to the Medical Univeristy og South carolina, whre an autopsy will be preformed and will provide more answers by Thursday afternoon.

When working with electrical work, employees must be extra cautious not to harm themselves. One should never participate or attempt a job that they have not been properly been trained in. Although it may seem easier to “fix it yourself,” when you are dealing with dangerous or hazerdous chemicals or items, it is always safer to call a “professional.” However, as seen in the above case, even professionals can be fatilly harmed by their trade.

Many Carolinians are injured everyday on the job. If you, or a loved one have been injured on the job, or you have lost a loved one due to a work-related accident, please call the wrongful death and workers’ compensation attorneys at Reeves, Aiken, and Hightower, LLP. Don’t wait one more day to get the justice you deserve. Call us today at 704-499-9000 or toll free at 877-374-5999 and speak with one of our attorneys directly.  

 

Outside of Rock Hill Train and Truck Collide Causing Serious Injury

In late August,emergency crews were rushed to the scene of an accident involving a dump truck and train colliding, right on the border of North and South Carolina and ending in serious injury.

Officials have reported that the accident occurred around 11:00 a.m., right before the North Carolina state line. The South Carolina Highway Patrol states that a CSX train was heading westward when it collided with a 2005 Volvo dump truck.

At the location of the accident, there were no “cross arms,” nor any lights to lead the way. Thus, when the dump truck was crossing over the train track, he was unable to see the train coming towards him.

Consequently, the dump truck driver had to be airlifted to the hospital with serious injuries.

The Highway Patrol and State Transport Police are investigating.

Whether you’ve been involved in a car wreck with another automobile, tractor-trailer truck, or motorcycle, serious motor vehicle accidents are our primary practice area. Our accident attorneys have over 75 years combined trial experienced and have assisted countless injured individuals and their families since 1989.

As a former ICU Registered Nurse (RN), attorney Robert J. Reeves has personally treated seriously injured persons and understands the long-term, and oftentimes permanent, consequences of catastrophic accidents. Please contact us today at 704-499-9000 or 877-374-5999 toll-free and speak with one of our experienced attorneys.

 

DOT Worker Killed in Crash on Old 421

A Carolina Department of Transportation (DOT) worker was killed early this morning in a car crash.

Accordingly, the Police Department was forced to shut down large portions of Old Highway 421 due to the fatality. The wreck occurred around 5:00 a.m., right after  the DOT worker had left for work this morning.

No other information has been released at this time about this deadly crash, and officials are not releasing the DOT worker’s name until the family has been notified of this tragedy.

Wrongful death cases are multifaceted. A thorough investigation must be started almost immediately in order to preserve critical evidence in a fatality. Autopsies are almost always necessary to determine the exact mechanism and cause of death. There is the issue of whether the decedent died instantly or may have a “survival action.” The medical reports can be very confusing as they include external anatomy examination, internal organ examination, microscopic review of tissues, as well as fluid toxicology testing for drugs, alcohol, or disease.

If a loved one has been killed in a wrongful death action, please contact the wrongful death attorneys at Reeves, Aiken, and Hightower and let us sift through the confusing medical reports for you. We are ready, willing, and able to fight for the justice that you and your family deserves. Call us today at and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free.

Officer Injured Head in Motorcycle Crash-Rock Hill Lawyer

There is a current investigation going on for the North Carolina Highway Patrol where a single-vehicle accident has critically inured one of their officers.

According to the police report, the officer was off-duty when his motorcycle wrecked on Sunday evening, around 10:15 p.m. There were no other vehicles involved in the accident.

The officer was subsequently rushed to Gaston Memorial Hospital, where he has remained in critical condition in the surgical intensive unit since then. Moreover, there are reports that the officer may have obtained serious head injuries; it is too early to tell.

It remains apparent that motorcycles carry with them more danger than your average car. The rationale being that when involved in a motorcycle accident, your body is more susceptible to injury, as there is nothing between you and the ground. Even wearing a helmet may not always protect you o your brain from injury. Travelling back roads can add more risk as motorcycles often get their wheels caught in poorly kept roads, namely, in pot holes.

If you or a loved one has suffered any sort of serious accident due to a motorcycle accident, please contact the motorcycle and head injury attorneys at Reeves, Aiken, and Hightower and let us help you evaluate your claim. Contact us today at 704-499-9000 or 877-374-5999 toll-free and come in for a free consultation.

Fort Mill Man Injured on Job Turns to Begging

A 56-year old Fort Millian and Veteran claims to be a proud American, but he is not too proud to beg for help in the most public manner.

The resident is not homeless, however he claims that he does not have enough money to pay his bills, and will eventually not have enough to keep his home. Apparently a few week ago, he decided to start panhandeling in different locations around Fort Mill. He is not a loud man, as he lets his sign around his neck speak for itself stating: ” Veteran not working because I have suffered a job related disability.”

According to the Fort Mill resident, he was injured while working at a Charlotte plant back in 2012. The resident claims that he still is suffering from lingering injuries.

He was awarded a small settlement, but that money is almost gone, and without being able to work, the resident has turned to begging while he await for his disability to be approved.

After being injured at work, many of our clients are initially afraid of losing their jobs and are not sure if they even want to pursue a claim. In these difficult times, these are good people in tough financial situations that need help. Attorney Robert J. Reeves has practiced workers’ compensation law for over 22 years and knows how to protect your rights as well as your job.

Please call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. Let us help get you the recovery you deserve.