Jul 9, 2012 | Uncategorized, Workers' Compensation
As you may know, employees usually have no right to sue their employers for injury outside of workers compensation. Workers Compensation was formed years ago to provide workers some remedy where they had traditionally had none at all. The bargain was that employers would give up their virtual immunity from suit by their employees in exchange for a limited, statutory system of compensation for the employees. That statutory system applies to most situations, but not all. The statutory system is intended to apply to the most obvious accidents that occur on the job, when an employee is on the job, acting within the scope of employment, and the only relationship between the employer and the employee at the time of the accident is an employer-employee relationship.
The most common situations where the statutory system does not apply, i.e. when the Exclusive Remedy Doctrine does not apply and the employee will be able to recover outside of the workers compensation system, are:
- Dual Capacity
- Intentional Torts
- Liability for Third-parties
Dual Capacity
When an employee is injured by the employer, when the employer is not solely in an employer-employee relationship with the employee, the employee will be able to recover to the extent of the injuries incurred by the employee outside of the employer-employee relationship. For example, an employee will be able to recover from his or her employer when they are off-duty patronizing their employer’s business. For a more complicated example, if an employee is at work, using a forklift, and the employer, in addition to being the employee’s employer, was the manufacturer of the forklift, the employee could recover for injuries attributable to design defect in the forklift.
Intentional Torts
If an employer intentionally injures an employee, the employee is entitled to recover under common law causes of action, rather than be constrained to workers comp recoveries.
Liability for Third-Parties
Sometimes employers will contract to hold third parties harmless from claims that arise while those third parties are contracted by the employer. For Example, a contractor might hold a subcontractor harmless from claims by the contractor’s own employees. In these cases, the employee will be able to sue the employer under the theory that the employer is indemnifying the third party.
Workers Comp Attorneys of Reeves, Aiken & Hightower
The SC workers compensation lawyers at Reeves, Aiken, & Hightower know the South Carolina worker’s compensation system and are ready to get you the recovery you deserve. Browse our website, examine our credentials, and compare us to anyone else. Then call us at 877-374-5999 or contact us at this link for a private consultation.
May 1, 2012 | Uncategorized, Workers' Compensation
On April 25, 2012 the South Carolina Senate confirmed the Initial Appointment of Melody James to fill the expired term of Commissioner Bryan Lyndon. The Commission expresses appreciation to Commissioner Lyndon for his dedication and service to this State for fifteen years.
Commissioner James is a 1987 graduate of the University of South Carolina School of Law. She was awarded her undergraduate degree from the University of South Carolina in 1984. Prior to her appointment she was a partner at Mozingo & James Law Firm in Camden, S.C. and served as Municipal Judge for the City of Cayce.
Commissioner James’ term expires on June 30, 2016.
The attorneys of Reeves, Aiken and Hightower LLP have over 22 years of workers’ compensation experience. Robert J. Reeves is a seasoned trial lawyer who has successfully represented almost every type of serious injury case. He is also a former intensive care unit Registered Nurse (RN) and understands complex injuries and the impact on you as well as your family. We welcome an opportunity to meet with you and personally review your situation. Please review our attorneys’ credentials at www.rjrlaw.com. Then, call us today at 877-374-5999 for a private consultation.
Apr 22, 2012 | Uncategorized, Workers' Compensation
Recognizing the growing influx of immigrants into our State, the Commission is currently developing guidelines for the use of interpreters and translators. More and more agricultural and production workers are from foreign countries, and injuries are starting to be reported. As many of these employees are here illegally, their accidents, many times serious, go unreported for fear of deportation. However, there has been a significant and increasing number of foreign worker claims. In order to adjudicate same, interpreters and translators become necessary to ensure a fair hearing and due process.
The attorneys of Reeves, Aiken and Hightower LLP have two full-time hispanic paralegals ready to help answer questions from foreign workers injured on-the-job here is SC. With over 22 years of workers’ compensation experience, 7 as an insurance defense attorney, Robert J. Reeves is a seasoned trial lawyer who has successfully represented almost every type of serious injury case. He is also a former intensive care unit Registered Nurse (RN) and understands complex injuries and the impact on you as well as your family. We welcome an opportunity to meet with you and personally review your situation. Please review our attorneys’ credentials at www.rjrlaw.com. Then, call us today at 877-374-5999 for a private consultation.
SCWCC Accepts Administrative Guidelines for Interpreters / Translators
At the South Carolina Workers’ Compensation Commission’s recent regular business meeting, the SCWCC accepted administrative guidelines for the use of interpreters and translators in workers’ compensation proceedings. The guidelines are intended to ensure translators and interpreters render complete and accurate translation or interpretation without altering, omitting or adding anything to what is said or written by a witness. The guidelines are for administrative purposes only. It is not the intent of the Commission to propose the guidelines as a new regulation of statute.
The guidelines provide:
All parties must make a good faith effort to ensure any interpretations or translations are rendered completely and accurately.
A party obtaining the services of a translator or interpreter must make a good faith effort to obtain a translator or interpreter who possesses the necessary certifications, training and pertinent experience to render a complete and accurate translation.
The Commission presumes an interpreter or translator who is certified pursuant to the South Carolina Court Interpreter Certification Program possess the requisite certifications, training and pertinent experience; however, the Commission may permit the use of uncertified translators who possess sufficient training and/or experience. Translators and interpreters are expected to comply with Rule 511, S.C.A.C.R., Rules of Professional Conduct for Court Interpreters (2006).
A party obtaining a translator or interpreter must make a good faith effort to ensure the translator or interpreters is impartial, unbiased and refrains from conduct that may give the appearance of bias.
Translators and interpreters must disclose any real or perceived conflicts of interest.
After qualifications and conflicts of interest are disclosed, the parties may stipulate their consent to using the interpreter or translator’s services. If a party objects to the use of a translator or interpreter due to a perceived lack of qualifications or conflict of interest, the Commissioner will decide on a case-by-case base whether the proffered interpreter or translator is sufficient.
Interpreters and translators will be required to complete an affidavit certifying the above guidelines have been met.
Finally, to ensure conflicts are disclosed and all parties are provided notice of any perceived conflicts, the Commissioner will ask the following questions prior to the commencement of translation or interpretation, on the record and under oath:
Are you a friend, associate or relative of a party or counsel for a party in the proceedings?
Have you served in an investigative capacity for any party involved in the case?
Do you or your spouse or child have a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that would be affected by the outcome of the case?
Have you been involved in the choice of counsel or law firm in this case?
Are you an attorney or an employee of an attorney in the case?
Have you previously been retained for private employment by one of the parties to interpret in the case?
Is there any other reason your independence of judgment would be compromised in the course of providing services in the case?
Apr 22, 2012 | Uncategorized, Workers' Compensation
Congratulations to Melody James on her recent appointment to the Commission. Although it has been almost 20 years, it was always a pleasure to work with Melody. Glad to see her doing so well. I look forward to appearing before her in hearings.
With over 22 years of workers’ compensation experience, attorney Robert J. Reeves of Reeves, Aiken and Hightower LLP has successfully handled every type of on-the-job injury, from broken bones to wrongful death. As a former intensive care unit Registered Nurse (RN), he has actually treated patients with the same type of serious injuries he now represents in court. He understands the physical as well as emotional costs of an at work accident on you and your family. We would welcome an opportunity to meet with you and review your case. Please review our unique qualifications at our website www.rjrlaw.com. Then call us for a private consultation at 877-374-5999 today.
SC Governor Appoints Melody James to WC Commission
This morning, Governor Nikki Haley sent a press release annoucing a new appointment to the South Carolina Workers’ Compensation Commission. Here is the release.
Columbia, S.C. – Governor Nikki Haley today announced the appointment of Melody James to the South Carolina Workers’ Compensation Commission.
“We look for Workers’ Compensation Commissioners who will be fair – and not political – so that South Carolina can continue to be business-friendly and competitive, and that’s what we have found in Melody James,” said Gov. Haley. James serves as a Municipal Judge for the City of Cayce. James is also a partner at Mozingo & James Law Firm in Camden where she practices workers’ compensation defense litigation. A member of the S.C. Bar since 1987, James is a 1987 graduate of the University of South Carolina School of Law and earned a Bachelor of Science in Accounting in 1984 from USC. James’ appointment is subject to the approval of the South Carolina Senate. Just last week, the Senate approved Gov. Haley’s appointment of Gene McCaskill to the SCWCC.
Apr 21, 2012 | Uncategorized, Workers' Compensation
The Commission has a new member. Congratulations, Commissioner McCaskill. The attorneys at Reeves, Aiken and Hightower LLP look forward to appearing before you.
With over 22 years workers’ compensation experience, 7 of which he was an insurance defense attorney, Robert J. Reeves is standing by to help you and your family if you have been seriously injured on the job. As a former Registered Nurse (RN), he uniquely understands serious accident claims. As a seasoned litigation attorney, he is willing to fight for you in court. We would welcome an opportunity to review your case. Compare our attorneys’ credentials to any other firm. Then call us today at 877-374-5999 for a private consultation. Or, for more information, please visit our website at www.rjrlaw.com.
Senate Confirms Commissioner McCaskill
By a vote of 27-0, the Senate confirmed the nomination of businessman Gene McCaskill to fill a term on the Workers’ Compensation Commission that expires June 30.The following is from the South Carolina Workers’ Compensation Commission.
Senate Confirms Commissioner McCaskill
On March 6, 2012 the Senate confirmed the Initial Appointment of Gene McCaskill to the Commission, with the term to commence on June 30, 2006 and expire on June 30, 2012. Commissioner McCaskill fills the vacant Commission seat created by the resignation of David Huffstetler in November 2011. He served the previous nine years as Senior Executive Assistant at the Office of the Attorney General and two decades as a grocer in Camden. Prior to his employment with the Attorney General’s Office, he served as Director of Admissions for Camden Military Academy and was a member of the SC Commission on Consumer Affairs and the SC Educational Television Commission.
