Archive for July, 2018

Can I Sue My Employer For Injuries?

Work Injury Limited to Workers’ Compensation Claim

One of the questions I get frequently is whether or not a person can sue their employer if they are injured on the job when the employer is at fault for the injury.

The South Carolina Workers’ Compensation Act and system is called a “no fault” system.  This means that an employer cannot deny an on the job injury claim just because the employee was at fault.  Likewise, an employee cannot “sue” an employer for negligence or fault. The injured workers is limited to recovery under workers comp.  The example I always give is that an employer cannot deny your eye injury just because you were not wearing your safety glasses. Conversely, you cannot sue an employer because they did not give you safety glasses to wear. The proper legal remedy is a South Carolina Workers’ Comp claim.

You Can Sue a 3rd Party for Their Negligence

We recently settled a case against a 3rd party injury case for $500,000. This injury  arose out of an on the job injury. Our client was at work and was struck by a truck driven by a 3rd party company in the parking lot of the employer.  The employer provided medical and workers comp benefits. We brought a claim against the driver of the vehicle because he worked for a different employer. These cases are allowed. However, it is important to seek guidance of an experienced injury lawyer because if you don’t settle the cases in the proper order then your comp benefits could be terminated. Also, workers’ comp may tell you have to pay them some of the money back.  How do you know if you are paying the correct amount back?

Free Consultation- Columbia to Greenville Workers Comp Injuries

Our Columbia and Greenville offices both offer free consultations.  When you have a job injury or any other type of personal injury, why would you not at least speak with a lawyer to learn your rights?  If you want a free consultation then contact us now before you jeopardize your case.

​South Carolina Laws That Went into Effect Recently

Times are changing and along with that comes a new set of laws to abide by in the state of South Carolina. Some rules are good news for SC residents, however, some may be laws that residents are not on board with.

New South Carolina Laws

Here’s a look at a few new SC laws that went into effect in July 2018:

Contact South Carolina Attorney

SC attorney Ryan Montgomery has been serving residents in the state of SC for over 10 years. From personal injury and auto accidents to product liability and wrongful death victims, those in the Columbia and Greenville can get help from Attorney Ryan Montgomery if they have been wronged. Schedule a free consultation today at (864) 207-4927 to get the help you deserve.

​Firework Negligence and Injury in South Carolina

You see them pop up about two weeks before the 4th of July – the ready-made fireworks stands that fill the state from Columbia to the beaches and everywhere in between. New Year’s Eve, Memorial Day and Labor Day have become big fireworks holidays as well, leading a packed emergency room on these otherwise festive days.

Learning more about South Carolina’s fireworks laws and discovering what to do if you have been injured by fireworks can protect you in the event of an injury on a holiday – or any day.

“Hold My Beer” and Fireworks Risk

Despite the fun nature of picnics and parties by the lake or sea and the spectacle of night time fireworks, alcohol and risk taking add to the potential danger on these holidays. When the person who is responsible for the fireworks makes a mistake – from using them incorrectly to setting them off too close to others or combining too many fireworks at the same time the results can be disastrous. User error and negligence when handling fireworks is a leading cause of injury; after all fireworks are essentially explosives and incendiary devices.

Product Malfunction

Fireworks that have not been made properly or that lack the proper directions also pose a risk. Fireworks that light prematurely can injure even a responsible user, and old or outdated fireworks sold to an unsuspecting buyer pose a fire and explosion risk as well. Since fireworks are designed to fly and explode, burns and other trauma injuries are possible to bystanders and those using the fireworks.

A healthy respect for fire and explosives, along with proper storage and following the directions on the fireworks can help reduce but not eliminate risk. If you attend a firework show and are injured as a bystander you may be able to recover your losses and get compensation for your injuries. Depending on the circumstances, the person using the fireworks, the facility hosting the event, or the fireworks manufacturer could be to blame for your injuries.

Get Help from a South Carolina Attorney

Fireworks injuries can be catastrophic and determining who is to blame is sometimes not clear cut. A South Carolina Attorney can help you by researching your case and determining if the fireworks were defective or if the person or entity who injured you was negligent. Contact us today to talk about your unique case and your fireworks injuries; we are here to ensure you are treated fairly and will be with you every step of the way.