Seeking Answers for Your Injury or Accident Claim? Look No Further
After an accident occurs or an injury is suffered, you may feel lost and confused. Few people who have suffered an accident or incurred an injury have an extensive background in this area. Without this knowledge, they are left wondering how best to proceed in order to protect their legal rights. Fortunately, we are here to provide you with the answers that you are looking for. Check out our many frequently asked questions and their accompanying answers for more information.
- Page 14
How long after the death of a loved one, must a wrongful death claim be filed?
In South Carolina, the family has three years from the death of the deceased to file a wrongful death lawsuit. This time is known as the Statute of Limitations.
My child was in a school bus accident, do I need a lawyer?
If your child is injured in a school bus accident, it is wise to seek the advice of a personal injury attorney for help in resolving your child's school bus accident claim. If the bus accident is serious or if there are multiple children injured in the accident, it is very important to seek the advice of a personal injury lawyer to make sure your child's rights are protected.
For more information about accidents involving children & minors, visit our article library!
Who is responsible if my child is involved in a school bus accident?
If the school bus caused the accident, the liability insurance covering the school bus will be responsible for the medical bills, pain and suffering, and any other damages incurred by the school bus children or others injured by the school bus driver's negligence.
If another vehicle caused the accident with the school bus, the other driver or the other driver's liability insurance will be responsible for paying damages caused by the driver's negligence in causing the school bus wreck.
What types of injuries can a child have from being in a school bus accident?
A child who is involved in a school bus accident can suffer minor or fatal injuries, including:
2) Fractured or broken bones;
3) Head trauma or traumatic brain injury;
4) Internal organ injuries;
6) Mental trauma;
7) And possibly death.
The severity of the injuries is a direct result of the severity of the accident. While buses are generally safe for children, accidents and injuries do still happen.
What types of accidents are covered under workers' compensation in South Carolina?
In order for an employee's injury to be covered under the Workers' Compensation Act, the injury must have occurred while the employee was working within the scope of his or her employment. Scope of employment depends on the amount of control the employer had over the circumstance and when the accident occurred. Usually, if a employee is hurt while working on the job site, their injury will be covered by workers' compensation.
Some injuries that are covered by workers' compensation are:
1) falling from a high place;
2) being injured by the employer's equipment;
3) suffering a back injury from lifting;
4) occupational diseases resulting from exposure to harmful chemicals;
5) and others.
For more helpful information, visit the workers' compensation article library. If you have been injured while on the job, contact South Carolina workers' compensation attorney Shelly Leeke today at 843-277-6061 for a free consultation!
Who is considered an employee?
Under the Worker's Compensation Act, an employee is any person who is under employment, contract for hire, or an apprenticeship, whether express or implied. This also includes foreign workers and minors who are lawfully or unlawfully employed as well as both full-time and part-time employees.
Subcontractors may also be covered under workers' compensation. If a subcontractor does not carry workers' compensation insurance, the owner or developer above them in the chain of employment may be held liable for workers' compensation to the injured employee, as if they were the direct employer.
What is the difference between an independent contractor and an employee?
To determine if a worker is an employee or an independent contractor you must look at the employer's right of control over the worker. There are four common questions used to determine an employer's right of control:
1) Is there direct evidence of the right to control?
2) Who paid the worker?
3) Who furnished the supplies or equipment?
4) Who has the right to fire the worker?
If you were injured in a work accident and are usure if you are an employee or an independent contract contact the Shelly Leeke Law Firm at 843-277-6061.
What is my employer required to pay if I am involved in a work accident?
If your injury is covered by workers' compensation benefits, your employer's workers' compensation insurance carrier must pay the following:
1) Any and all medical expenses related to the injury;
2) Weekly disability benefits checks for all periods you are out of work with written doctor's authorization;
3) A lump sum payment for permanents disabilities and/or lost wages you incurred after your treatment has finished.
I was injured at work, can I sue my employer?
Generally, you cannot sue your employer when you are hurt on the job. Workers' Compensation is the sole remedy for work related injuries. Under workers' compensation, an employer will pay medical expenses and lost wages incurred as well as a lump some if there is a permanent disability in exchange for not being sued.
Some workers can sue their employers for certain intentional acts or harms that may have caused injury to the employee. The employer's act must be intentional, outrageous, and not accidental. When an injury is not considered an accident it is not covered under the Workers' Compensation Act.
Who will send my disability checks?
If your employer employs four or more employees, they are required to carry workers' compensation insurance. Their workers' compensation insurance carrier is responsbile for paying your lost wages if you are out of work for more than 7 days. Your disability checks will be sent weekly.