Archive for February, 2019

Young Girl Hurt in Bounce House Accident

A 7-year-old girl was hospitalized with serious injuries after a gust of wind threw the inflatable bounce house she was in 30 feet into the air at a church carnival in Taylors County, South Carolina. The unfortunate event took place on Saturday, at Springwell Church on Wade Hampton Boulevard at 2 p.m.

Trinity Venegas suffered permanent injuries during a “tragic and avoidable incident” said attorney Ryan Montgomery.

“The family of Trinity Venegas are thankful for all of the kind and thoughtful messages and prayers they have received from family, friends and people in the community,” Montgomery said.

Four other children were inside the inflatable bounce house and also were taken to the hospital.

“At this time, they ask for privacy so they can dedicate their full attention to providing Trinity with the help and support she needs as she heals from the permanent injuries sustained in this tragic and avoidable incident,” said Montgomery.

WLTX19 and Greenville County Sheriff’s Office spokesman, Drew Pinciaro reported that security described seeing what that looked like a “mini tornado” tear through the carnival.

Pinciaro states that one of the inflatables was empty and got tangled into nearby power lines before blowing out into the roadway, while another flew about 30 feet into the air, causing several children to fall out.

According to the state Department of Labor, Licensing and Regulation, inflatables don’t require inspections and aren’t regulated by the South Carolina Office of Elevators and Amusement Rides.

The Greenville News references a recent USA TODAY investigation that found that injuries related to large inflatables like moon bounces and slides are on the rise, with more than 100,000 bounce-house injuries treated in emergency rooms from 2003 to 2013.

The Ryan Montgomery Law firm is dedicated to helping those who have been wrongfully injured due to another person’s negligence. Please do not hesitate to reach out to our firm for help.

Contact Ryan Montgomery Law in Greenville, SC.

What is a South Carolina Workers’ Compensation Informal Conference?

What is a South Carolina Workers’ Compensation Informal Conference?

As you may know from other blog entries, I was admitted to practice law in 2000.  For about the first 8-9 years I did what we call “defense work” which is where I was hired by the insurance carrier to defend workers’ compensation claims and people being sued in car accident and other personal injury cases.  In a South Carolina workers’ compensation claim an injured worker should receive medical care.  Once that doctor releases that injured worker from care saying that they are at maximum medical improvement (basically as good as they can get) then the insurance carrier may file for a South Carolina Workers’ Compensation Informal Conference to determine if the injured worker is entitled to money benefits for the injury.

What to Expect at an Informal Conference?

The injured workers (if not represented by a lawyer) will have to go this conference and meet with a lawyer for the insurance company or meet with an actual insurance adjuster.  At that point that insurance adjuster or insurance lawyer will make an offer to settle. In my past experience as an insurance lawyer I was often instructed to settle as cheap as a could or don’t go over a certain figure.  I always looked better with my client (the insurance company) the less I paid.   This is part of the reason I switched sides and now help the injured worker!

Once an offer is made by the insurance lawyer then the injured worker accepts the offer or doesn’t. If accepted then there is a deputy Commissioner there to make sure it is not too low.  That does not mean it is the highest you could get just that it is not too low.

What to Do Before an Informal Conference

Most Greenville, Anderson, Spartanburg workers’ compensation and personal injury lawyers offer a free consultation.  I tell my friends and family to at least take a advantage of free consultation.   We offer free consultations. In that consultation you actually meet with a lawyer not a paralegal or “intake specialist”.  If you would like to meet to discuss your options, contact me nowThere is no charge for the meeting and if you hire us there is no fee until we recover money for you.

 

South Carolina Workers’ Compensation Weekly Check Mistakes

South Carolina Workers’ Compensation Weekly Check Mistakes

One of the most common mistakes (assuming the employer or insurance adjuster didn’t do it intentionally) is that the injured workers’ weekly wage is wrong.  Out of the times this figure is incorrect, I would estimate that 99% of the time it is incorrect to the benefit of the insurance carrier. This means that the worker is getting less money per week than they should be.

How to Calculate a Workman Comp Weekly Wage

When you are injured on the job and taken out of work or on work restrictions that your employer cannot accommodate, then you may be entitled to a weekly check while you are out.   If you become entitled to such a check it is import to know how to calculate these wages.   Your workers comp weekly compensation rate is calculated at the rate of 66 2/3 percent of your average weekly wage based on the four quarters prior to your injury, not including the quarter in which you were injured.  There is a maximum figure for each for each year.  So by way of example, if your injury date was April 5, 2018 then the wages used would be the first quarter in 2018 and the 2nd, 3rd and 4th quarters in 2017 divided by the actual number of weeks worked.

Common Errors or Tactics to Lower your Weekly Wage

Sometimes we see errors and/or tactics used to lower the injured workers weekly wage. The first error we see is when your wages are divided by a full year or 52 weeks.  The law is that your wages should be divided by the actual weeks worked so if you didn’t work 52 weeks then they shouldn’t divide it by 52 weeks.  If they do, it lowers your weekly wage.

The second common thing we see is that the employer uses wages AFTER taxes. That is not the law. The law is that it is your gross wages BEFORE taxes. If they use after tax figures then your weekly wage will be lower and wrong.

The third common mistake we see is not adding in overtime, bonuses, and other wages. When calculating your weekly wage tall of your wages should be used.

The fourth most common mistake we use is when the injured worker worked two jobs at the time of the injury. If that is the case then BOTH jobs wages should be used.

Why Your Work Comp Check Wage is Important

Other than the obvious you want the highest out of work check you can get, this number also is one of the main figures that goes into the value of your claim or settlement. The higher the wage, the higher your settlement will be generally.

Free Consultation With a Greenville, Anderson, Spartanburg Workers Compensation Lawyer

If you have been injured or have concerns about your weekly check, Ryan Montgomery Attorney at Law, LLC offers FREE consultations to discuss your claim.  In addition to that if you hire the law firm, there is NO ATTORNEY FEE if there is no recovery on your case. For your free meeting contact us now!

Questions to Ask Yourself If you Were Injured in an Accident

Ryan Montgomery Attorney at Law provides the highest quality legal services to those who were wrongfully injured in an accident. The infographic below answers questions you should ask yourself if you were injured in an accident. This will help you decide if you need to contact our firm. For more details or questions, you can reach out to us and we will get back in touch with you as soon as possible.

do i need a personal injury attorney infographic