Posts Tagged ‘lawyer’

Trucking Accident Wrecks on the Rise

Greenville South Carolina Trucking Crashes

Recently the Greenville, South Carolina I-85 and I-385 interchange and roadwork finished. Now with that work done, the work has shifted north on I-85 above Spartanburg where the interstate goes into two lanes and is a mess thereby leading to more crashes. Semi-trucks are instructed to use the left lane not the right as is customary so in that confusion they use both lanes preventing the average driver to be able to safely pass these big-rigs. With this road construction underway and with no end in sight what happens if you get into a trucking accident in South Carolina with one of these massive vehicles?

Potential Reasons for Upstate Trucking Accidents

There are many reasons that trucking accidents occur. I remember as a kid that trucks would simply drive in the right lane and when we passed I would ask them to honk their horns and they would oblige. Now with mounting pressure that more and faster is always betters some corners can be cut and we see drivers being pressured into driving illegally.

Some reasons that we see more and more South Carolina truck crashes include:

Greenville, SC Truck Accident Attorney

For those that have been involved in a accident with a large truck there is help. An experienced lawyer knows how to get the black box of data from the vehicle, how to obtain the driver logs and really to determine why the accident occurred and could it have been prevented. Attorney Ryan Montgomery offers free consultations on all trucking wreck cases so schedule your free consultation now.

Injured on the Job? Here Are Some Answers

Injured on the Job? Here Are Some Answers

How Long Do I have to Report a Workers Comp Injury?

Under South Carolina Law you have 90 days to report an injury from the date you knew, or should have known, you had the injury.  Repetitive Trauma cases like carpal tunnel or others can be tricky as to the 90 day requirement. Note: the longer you wait to report any injury the more likely it is the insurance company will use the delay against you.

How Long Do I have to File  a Claim for Workers’ Compensation?

In South Carolina you have two (2) years to file a claim with the South Carolina Workers’ Compensation Commission. This is NOT the same as reporting it to your job or to the insurance company. You MUST establish a claim with the Workers Comp Commission in Columbia, SC. 

My Employer Says He Doesn’t Have Workers Comp Insurance. What do I do?

If an employer has 4 or more regularly employed workers then he/she must carry workers comp insurance coverage.  If they do not, then there is a State Fund set up to pay these claims and the employer will have to reimburse that Fund for your on the job injury.  You are still protected but will likely need a lawyer to assist.

My Employer Says I am an independent Contractor So I don’t get Workers Comp. Is this true?

Depends.  Many employers think that simply because they pay someone under a 1099 form that makes them an independent contractor. This is not true.  There is a test in South Carolina to determine if you are in fact an independent contractor (no comp) or a statutory employer (yes comp) and all centers around your boss’s control of you.  The 4 factors are:

  1. Direct Evidence of Right or Exercise of Control- I.e. Who sets work schedule, who tells you where to go, who tells you what to do, etc.
  2. Method of Payment- Cash, Check
  3. Furnishing of Equipment or Tools
  4. Right to Fire The Injured Worker

Who Pays My Medical Care for an On the Job Injury?

If the claim is accepted then the insurance company “should” pay 100% of all casually related authorized medical care. This means any doctors they send you to that they should pay the bill. If you are getting an invoice for any amount this may not be correct.

Can I Pick My Own Doctor?

Not if you want workers’ comp to pay the bill.  If it is an admitted case then you have must go to their doctor in order to have that bill paid. I am of the mindset you are always entitled to go to your own doctor but don’t expect that bill to be paid by the workers comp insurance carrier.

What if I have Other Questions that Aren’t Answered here?

That’s easy.  Schedule a free workers comp injury consultation where I will personally sit down with you and answer all of your questions.

Car Accident on I-85, Anderson, SC

Car Accident on I-85 at Clemson Boulevard, Anderson, SC Leads to Helicopter Landing on Roadway

News outlets are reporting that there was a serious motor vehicle car accident that occurred today around 10am in Anderson, South Carolina near the location for Clemson Boulevard on I-85. Apparently the accident involved a truck versus a car in the crash. One driver was airlifted and there are reports (not verified) that one person was ejected and one person was tuck in a vehicle.

Serious Injuries Need Serious Lawyers

When a person is involved in a car wreck there are many lawyers that a person can choose.  The problem is many people don’t know where to start in seeking a lawyer.  Some people simply watch TV and believe the “paid actors” screaming about how much money they got (even though that person is an ACTOR). Some others do research and look at websites or Google Reviews to see what past clients have said about that lawyer.

Possible Things to Consider When Hiring a Lawyer

Does the South Carolina Personal Injury lawyer have good Google reviews?  Read the bad ones too (we all have them).   What is the lawyer’s Better Business Bureau Rating? Has the attorney handled injury cases like yours before?  Interview the lawyer and see if they meet with you or you meet with someone who is just there to sign you up.  Does the lawyer speak in plain English or is he/she act better than you?

Free Injury Case Consultation

I used to represent insurance companies in car accidents and liability cases as well as South Carolina workers’ comp claims.  I was tired of taking orders from insurance carriers that would harm people locally in my community so I switched sides to help people like you.  Because of that, I offer a free consultation on injury cases so I can discuss your potential case or claim with you.  I would rather a person be armed with information so they do not harm their case. If you want to meet, then schedule a free consultation now.

I’ve Been Injured at Work. What do I do?

I’ve Been Injured at Work. What do I do?

When people are injured on the job they are not thinking about their workers’ compensation claim and how to protect their legal rights. Instead they are worried about their health and their injury.  The worker who gets injured on the job is now placed in an unfamiliar system dominated by big business and the insurance industry.  Below are a few things that one may wish to do or consider after a work injury. Please note, this is not an exhaustive list and the proper course of action should be to get a free consultation with an experienced South Carolina Workers’ Comp lawyer.

Report the Job Injury

In South Carolina you have 90 days to report an injury on the job. However, if you wait this long then the insurance company or the employer may not believe you were injured on the job.  Many workers get injured and think it is minor and don’t want to file a claim so they wait to report.  Don’t wait!  You can report it right away and it doesn’t mean you have to pursue the claim. It simply protects you. As a lawyer, I like it in writing if possible. Too many times a supervisor “cannot remember‘ the worker reporting the injury.  It is very easy to send a text message or email to your boss. “hey I just hurt my back lifting a crate”.  Simple, to the point and covers you in the event memory fades.

Request Medical Care

In South Carolina an employer or carrier is supposed to send you for medical care but lately I have seen a trend where the position is taken that the injured worker didn’t request medical care.  If you have been injured at work and think you need to see a doctor then ask for it- “I injured my back lifting a crate. I’d like to see a doctor. Will you send me to one?”  Remember in South Carolina the employer or the insurance carrier has the right to pick the doctor so if you go on your own to the doctor without letting them know you could be stuck with that medical bill.

Pay Attention to ALL Body Parts

So many times people have multiple injuries but one hurts the worst so they focus on that injury.  I injured my back lifting a crate but the pain goes down their legs and they don’t report it. Instead state I hurt my back lifting at work and the pain goes down my legs. That way you are fully protected as to all of your injured body parts.

Medical Records Tell the Story

Many times an employee says he/she was hurt at work and the employer says that the employee was not.  Most times a workers’ comp Commissioner will look to the medical records and specifically the first record(s) to see what the injured worker reported. If there is no mention of a work injury then that can harm the case. Your  medical records should always say how you were injured and what (list all) body parts you injured.

Get a Free Consultation with a Workers’ Comp Lawyer

Many lawyers (like us) offer a free consultation.  Take advantage of this to discuss your claim.  See if you meet with an actual lawyer or instead the lawyer sends an “intake specialist” or an “investigator”.   See if the meeting is a sales pitch and an attempt to get your case or see if the lawyer is actually discussing the facts of your case and answering your questions. You have nothing to lose by at least finding out your rights so do not wait. Schedule this free meeting now.

Myrtle Beach Windsor Apartment Fire Raises Questions

 South Carolina Burn Injury and Fire Injuries

The Sun News out of Myrtle Beach is reporting that a fire broke out at the Windsor Apartment Complex in Carolina Forest on Thursday April 12, 2018.  For now, no one lost their life but there were multiple injuries some of which are critical in nature.  Our thoughts and prayers go out to all of the injured or displaced residents. In order to save their lives people were forced to jumped from upper level balconies resulting in broken bones and one witness even said a baby had to be thrown from a third story apartment and caught by a 16 year old young man.   Some people will recall that this isn’t the first apartment fire a Windsor Apartments as one occurred there in March of 2013 destroying 26 buildings at that time.  According to multiple reports the apartment complex did not have a sprinkler system in place.  It makes one wonder whether or not there were fire extinguishers in place. Was the building to code?  Were any short cuts being taken that resulted in these injuries from the fire?

Injury from Fire or Burns

There are roughly 450,000 burn injuries per year in the United States.   Fires can lead to burn injuries but also broken bones as we see in this fire. Many times burns can be life threatening and often people are flown to the Augusta Burn Center for life saving burn injury medical care. Not only is the injury itself traumatic and can cause physical and/or mental scarring but the medical treatment is as very traumatic as well.  Burn care ranges from skin grafts, to medical comas to pealing of the skin layer by layer to get new skin to grow.   In addition to the trauma and pain, the damages can go well beyond that.  Burn injuries can lead to medical costs. Burn injuries can lead to  lost wages.  They can also lead to future damages like heat sensitivity, scarring or PTSD. In short a burn injury can can ruin a person’s life.

Fire and burn injuries can be the result of many things.  It can be the fault of another person or company for being negligent, it can be from a work-related on the job injury, it can be caused in a car accident or even an apartment fire and don’t forget about dangerous products. The harsh reality is that many fires and burns could have been prevented.

South Carolina Burn Injury Lawyer

At Ryan Montgomery Law our main priority is making sure our clients get the medical care we’d want our own family to receive.  We focus on guiding our clients through the entire process to try and remove that weight and burden from the injury victim and their family.  Once our client is through that process we then make sure our clients receive the maximum compensation they can get based upon their damages, pain and suffering, wage loss, disability, scarring, disfigurement and so on.  We recognize that in a time like this you may have lost your home, may have mounting medical bills and may not be able to afford the cost of a lawyer.  We understand that so we offer all burn injury victims a free consultation and any attorney attorney fee comes out of any settlement or verdict. If you don’t recover compensation then you don’t pay any attorney fees.  Contact a South Carolina Burn Injury Lawyer now for your free meeting now. Serious injuries need serious lawyers.

The Attorneys at Ryan Montgomery Law proudly serve the State of South Carolina including Horry County injury victims.

Passenger in Car Accident Rights

Passenger Rights in A Car Accident

WISTV.com in Columbia, SC is reporting that the South Carolina Highway Patrol is investigating a deadly car accident crash on Interstate 26 near the Broad River Road exit in Richland County. Initial reports are that a driver of a motor vehicle was traveling eastbound when he/she over corrected and went off the roadway hitting several trees.  The passenger died on the scene.

Passengers Can Have Multiple Injury Claims

Sometimes in a South Carolina car accident where there are two or more cars involved in an accident then multiple drivers can share in the fault of the accident. One driver may be 30% at fault and the other 70% at fault.  If that is the case then a passenger could have claims against all drivers that had fault in the accident.  Passengers are generally innocent bystanders so to speak and blame is not assigned to them for the cause of the accident.   This is important because South Carolina has fairly low minimum level of insurance requirements.

What is the Required Amount of Insurance in South Carolina?

South Carolina law requires that drivers maintain a minimum of $25,000 in liability coverage in case of a car wreck. This means that if you are hurt there “should” be at least $25,000 on the at fault driver’s car.  When we are talking about paying medical bills this $25,000 can go quickly. If a passenger can file claims against multiple at fault drivers then the passenger may be able to have multiple insurance policies cover the injuries from the South Carolina car accident.

How to I Protect my Rights After a Car Crash?

Many personal injury lawyers offer free consultations to go over a persons rights following a Columbia or Greenville car accident.  What do you have to lose by at least speaking with someone to find out if you need a lawyer? Many lawyers, including this firm, will tell you whether or not it is worth your time to hire a lawyer to assist you.  Lawyers don’t get paid unless they recover money for you so it is usually in everyone’s best interest to make sure the case is worth bringing. If you or a loved one has been injured at work or in an accident, schedule a free car wreck consultation right now.