Sep 12, 2012 | Brain Injury/Head Trauma, Uncategorized, Workers' Compensation
Columbia Police made an arrest in a collision between a vehicle and a pedestrian that took pace near the intersection of Assembly and Greene Streets around 5 a.m. Wednesday.
23-year-old Natalie Jacobson was charged with felony DUI for driving into a construction zone and striking a victim construction worker.
The construction worker was a member of the Lovelace Commercial Construction crew that was doing road work at the scene at the time of the incident. According to the report, the victim was doing traffic control. Police say that the injured crew member is still in the hospital with a head injury.
It takes just an instant of inattention on the road to hit a construction worker doing his or her job. The traffic laws are strict in this area in an attempt to try and prevent what happened here. Please be aware and pay extra attention in road construction areas. The difference could literally save a person’s life.
South Carolina Workers’ Compensation Attorneys
If someone you love is seriously injured while at work on the job, call the experienced workers’ compensation attorneys of Reeves, Aiken & Hightower LLP. Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 803-548-4444 or 877-374-5999 toll free. We have offices throughout South Carolina and proudly represent injured workers and their families in York County, including Rock Hill, Fort Mill, Indian Land, Tega Cay, Lake Wylie and Clover. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives.
Sep 12, 2012 | Personal Injury, Uncategorized, Workers' Compensation
In a recent 2-1 decision, the South Carolina Court of Appeals affirmed the workers’ compensataion commission’s position against former stripper, LeAndra Lewis’ claim for benefits because she was not considered an employee of Boom Boom Studio 54 in Columbia.
Lewis, who was 19-years-old when she was performing at the Columbia Club, was shot in the abdomen during a fight that occurred between two customers. The 2008 shooting left Lewis with serious injuries to her liver, intestines, pancreas, kidney and uterus.
During her stripping days, Lewis would normally work five nights a week, traveling between the Carolinas. However, the scarring resulting from her injuries has cut her stripping career short.
Various arguments that Lewis was not an employee support the Court’s decision, including that management never specified how she was supposed to dance for patrons and that the club had not supplied her with any equipment. In fact, “from the standpoint of both the Boom Boom Room and its customers, Lewis brought her own ‘equipment’ for her work,” wrote the court. The Court further noted that the club did not pay Lewis to perform and that it was actually Lewis who paid for the opportunity to dance and collect tips from customers.
Judge Paul Short, dissenting, argued that Lewis was an employee of the club because management had the power to fine or fire strippers who missed their turn in rotation, who left early, charged their own V.I.P. dance price, or broke any other rules.
Columbia Workers’ Compensation Attorneys
Please call the experienced worker’ compensation attorneys of Reeves, Aiken & Hightower LLP. to have you case heard now! Our seasoned litigators have over 75 years combined trial experience. Our team of personal injury attorneys include former insurance defense lawyers, a former Registered Nurse (RN), and former criminal prosecutor. We can investigate all aspects of a serious accident and hold all parties accountable for your loss. Call us today and speak directly with one of our lawyers at 704-499-9000 or 877-374-5999 toll-free. We have offices in Charlotte and throughout South Carolina. We would be honored to have an opportunity to help you and your family get through this most difficult time in your lives. Hire the best worker’s compensation attorneys with whom you have the most confidence in!
Sep 10, 2012 | Personal Injury, Premises Liability, Trucking/Tractor-Trailer Accidents, Uncategorized, Workers' Compensation, Wrongful Death
Last Saturday was grim when a Chester County man was crushed to death while on the job. Isiah McCrorey, age 51, was in charge of operating the cranes for Palmetto Recycling in Rock Hill.
His daughter, Nydia Wherry, is confused by the accident states that her father ” knew those cranes, he’d been working with cranes and working construction for over 20 years,” when the accident occurred; leaving the family baffled and full of questions. Specifically, McCrorey had been working this particular crane at Rock Hill’s Palmetto Recycling for over 2 years.
According to the Rock Hill police report, McCrorey was operating the crane last Saturday when he noticed something was in the way of the crane. He subsequently locked the crane and got out of the equipment in order to move something out-of-the-way. It was at that moment that the one-ton storage container that the crane was holding fell atop McCrorey. Co-workers ran to his rescue and tried to lift the container off of McCrorey as they called 911.
Currently, OSHA is investigating the accident to see if Palmetto Recycling could have done something different to prevent the accident.McCrorey’s daughter Wherry states that her family is not pointing fingers to place blame, however they have obtained counsel to look into the incident.
The victim has left behind his wife of 28 years, along with children and grandchildren to bear the grief.
Rock Hill Work-Related Accident Attorneys
If you or a loved one have been injured or killed in any work-related accident, call the offices of Reeves, Aiken, and Hightower, LLP to help get you the justice you and your family deserve. 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. Hire the best work-related accident attorneys in whom you are the most confident will get the job done right! WIth over 75 years of combined experience, Reeves, Aiken, and Hightower, LLP is ready to get you the compensation you deserve.
Aug 25, 2012 | Uncategorized, Workers' Compensation
In order to win a denied workers’ compensation claim, the claimant must show the alleged injury arose out of and in course and scope of employment. This burden of proof usually requires the submission of medical evidence from a doctor or other health care provider relating the injury to the work accident. South Carolina law [Section 42-1-160(g)] defines “medical evidence” as “expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider.” For years, the use of a “check the box” questionnaire has been used by workers’ compensation claimants’ attorneys. The letter format is much less expensive than scheduling a doctor’s deposition, and treating physicians have become used to receiving these requests for virtually all of their workers’ compensation patients. However, as claims are increasingly being defended more aggressively by insurance companies, many are now starting to question their sufficiency as “medical evidence.”
Questionnaires are customarily used in claims where there is a dispute as to the causal relationship of an alleged injured body part; where there is a question of whether the claimant has reached maximum medical improvement; whether additional medical treatment is necessary; and/or where a prior medical opinion has been changed or even reversed. The questionnaires themselves typically consist of three or four short statements regarding the issue(s) in dispute and then provide “boxes” the option to check “yes” (to agree) or “no” (t0 disagree) with the question posed. However, the questionnaires almost never seek further elaboration from the health care provider of how the opinion was reached or what objective medical evidence was used to base the opinion offered. Hence, the dilemma. While the claimant has technically complied with the statute and produced an opinion from a health care provider, stated to a reasonable degree of medical certainty. However, there is no real foundation offered for a hearing Commissioner to consider the sufficiency of the opinion.
To date, the Commission has not issued any regulation nor given guidance on the use of these medical questionnaires. For now, the questionnaires remain admissible as “medical evidence” at a hearing. But, it appears that the sufficiency and probative value of “check the box” questionnaires will be the subject of defense challenge in the future. Better make sure your lawyer’s questionnaire is clear and shows a basis for the opinion being offered.
Robert J. Reeves of Reeves, Aiken & Hightower LLP has practiced workers’ compensation law for over 23 years. His first seven (7) years was as an insurance defense attorney. He has proudly represented injured workers and their families in York County since 1996. Prior to becoming a lawyer, he was a Registered Nurse (RN). Given his insurance defense and nursing background, Mr. Reeves understands and has successfully prosecuted all types of complex, serious injury claims. He stands ready to fight for you and your family during this difficult and scary time in your life. Call him directly today on his mobile phone 803-554-4157 for a private consultation about your particular circumstances.
Aug 21, 2012 | Personal Injury, Uncategorized, Workers' Compensation, Wrongful Death
Sadly, there was an industrial accident that took the life of one man, and injured a second at Parker Hannifin last Tuesday.
The accident occurred in the Southwest region of Mecklenburg County at 9225 Forsyth Park Drive, off Westinghouse Boulevard. Paramedics were called to the scene and arrived around 4:30 p.m. on Tuesday.
The investigation revealed that the two men involved in the accident were picking up cabinets from Parker Hannifin, when suddenly, the materials feel atop them and engulfed their bodies.
The name of the man who lost his life has not yet been released, but we have been informed that he was a private contractor who drove trucks for Landstar. Unfortunately, the weight of the cabinets was too much for the gentleman, and he was pronounced dead on scene when the Paramedics arrived.
However, the other injured man was taken to Carolinas Medical Center in Pineville, and is expected to be released without “life threatening” injuries.
There is currently some discrepancy as to who has jurisdiction over this accident. Particularly, the Department of Labor is checking to see if they are entitled to obtain jurisdiction over the wrongful death suit.
If you or someone you know has been injured or killed in a wrongful death accident, you need the help of an experienced wrongful death accident attorney like those at Reeves, Aiken & Hightower,LLP. Call us at 877-374-5999, or contact us using this form, to speak with an attorney who will help you evaluate your claim and help you get the best possible recovery
Aug 16, 2012 | Uncategorized, Workers' Compensation
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.
