A worker who smoked a marijuana joint before climbing a tree must have forgotten he was about ten feet off the ground, literally.

Daniel Davidson, the employee, sustained injuries while removing tree limbs at a job site and filed a claim for workers’ compensation. The employer denied benefits, contending that the injury was the result of the employee’s intoxication and misconduct.

A witness who watched Davidson’s fall said he looked like he had “stepped into thin air” before dropping to the ground. According to court records, Davidson’s supervisor had ordered him not to climb the trees while removing the limbs from the job site.

Davidson himself had no explanation for the cause of the fall and a urine sample taken at the hospital the day after the Tennessee man fell showed he had an intoxicant level 50 times beyond the level need for a positive result.

A trial court ruled that impaired vision, delayed reaction time, and lack of memory due to marijuana caused his fall and injuries. The worker appealed, arguing the trial court was wrong about his intoxication levels.

But the Tennessee’s Supreme Court’s Workers’ Compensation Appeals Panel stuck with the lower court’s ruling, giving the employer a not-so-great early Christmas present.

South Carolina Workers’ Compensation Attorneys

According to the results of a new study, mental stress at work may increase your risk of suffering a stroke.

The results indicate that among middle class and upper class men, those who experienced psychological stress at work were about 1.4 times more likely to have a stroke than those not experiencing psychological stress on the job.

Researchers said this means that overall, about 10 percent of strokes in this group can be attributed to work stress.
The participants answered surveys which included questions about their level of physical fitness and how often and much they drank and smoked. They were excluded from the study if they had a history of family heart disease or a heart attack.
The study was published in this month’s Journal of Occupational and Environmental Medicine.

The findings are based on information from about 5,000 men ages 40 to 59 living in Copenhagen, whom researchers surveyed in 1970 to 1971 and followed for 30 years. During the study period, 779 men suffered a stroke, and 167 died from one.

Among men in the three highest classes, the risk of stroke increased 38 percent among those who said they endure stress at work regularly, compared with those who reported it they experience it rarely. The risk was most significant for younger men, likely because these men were exposed to work stress for a longer period of time.

LOWERING STROKE RISK
There are ways to lower the risk of stroke, according to the American Stroke Association.

These include:
• Not smoking
• Maintaining low cholesterol
• Monitoring blood pressure
• Maintaining a healthy diet with five or more servings of fruit and vegetables per day
• Aiming for at least 30 minutes exercise every day
• Reducing alcohol intake
• Avoiding illegal drugs

Warning Signs that you may be suffering a stroke include:

• Sudden numbness or weakness of the face, arm, or leg especially on one side of the body;
• Sudden confusion, trouble speaking or understanding;
• Sudden trouble seeing in one or both eyes;
• Sudden trouble walking, dizziness, loss of balance or coordination;
• Sudden, severe headache with no known cause.

If you experience any of these symptoms, your response time is critical. Call 9-1-1 immediately.
By: Pete Strom, South Carolina Injury Lawyer

South Carolina Workers Comp Lawyers

Fast Facts

-Slip & fall injuries make up 15 percent of all worker’s compensation claims.
-65% of lost work days are the result of a slip and fall accident.
-22% of slip and fall incidents resulted in more than 31 days away from work.
-24% of workplace slip and falls can be directly attributed to footwear.

How to Proceed After a Work Injury

Report the Injury:

When you are hurt on the job , it is critical that you report the injury to your employer as soon as possible, but no longer than 90 days after the accident.

Seek Medical Attention:

Your employer should direct you to a physician who will evaluate the extent of your injuries. If your employer does not schedule an appointment for medical treatment, you should immediately obtain medical treatment and an evaluation of your condition from a medical doctor so that you begin documenting the extent and severity of your injury.

Be a Responsible Patient:

Follow all of your doctor’s treatment advice. If you do not understand a treatment protocol, just ask. Be honest about the nature and extent of your injury with your doctor. (Fraudulent claims are taken very seriously and a false statement may result in criminal prosecution.)

Click here to read more.

By: South Carolina Workers Comp Attorney Pete Strom

A Liberty, SC company will have to pay more than $3,200 in fines after a worker died at the plant in August.

Lewis Smith, 41, died at Liberty Denim in August. A supervisor discovered Smith was caught between the rollers of a Sanforizer machine after he fell into the machine and died in the textile plant. The Pickens County coroner rules the man died of positional asphyxia.

State investigators said that the supervisor and Smith had a conversation about problems with the quality of the fabric. The supervisor left and came back about 15 minutes later to find the victim in the machine.

The South Carolina Department of Labor, Licensing & Regulation found two serious violations at Liberty Denim upon investigation. The first involved failure to develop and use safety procedures designed to handle the potentially dangerous energy from the Sanforizer machine. The second was failure to inspect and update the energy control procedure in place.

According to an article in GreenvilleOnline.com, Lesia Kudelka, spokeswoman for the South Carolina Occupational Safety and Health Administration, said the citations issued to Liberty Denim were serious. Kudelka also said the maximum penalty for a “serious” violation is $7,000. In computing a penalty, the agency considers many factors, including gravity of the violation, company size and employer’s safety history, she said.

South Carolina Workers Compensation Lawyers

A Calirfornia State University worker was killed after deciding to climb out of an elevator when it was stuck between two floors.

Forty-eight-year-old Annette Lujan was climbing out the elevator in an administrative building when the elevator started to move and the 2,000 pounds trapped and crushed her.

Fire crews came to the building to life the elevator, administering first aid at the scene. Lujan died later at the hospital.

Fire Captain Rich Brandt advised that people who are stuck in elevators need to stay there to avoid these accident related risks.

Cal State’s Mary Stephens, vice president of administration and finance confirmed the accident in her address to the campus.
“The university has endured a terrible tragedy today. I know all of us extend our deepest condolences to the victim’s family, friends and co-workers.”

Stephens noted that a complete investigation with the University Police and Los Angeles County Coroner’s Office is in progress.
Unconfirmed reports indicate that Lujan had notified others of her entrapment but attempted to escape before safety officials had arrived.

Cal State spokesman equated the accident to an apparent elevator malfunction that occurred between the two floors. Lujan was the only person on the elevator that started moving upon her exit attempt. Accident details are under investigation.

South Carolina Workers’ Comp Lawyers

Funeral Costs, Medical Bills, Weekly Compensation

Workers’ Compensation coverage is elective for employers in South Carolina with three or less employees. Anyone employing four or more employees is required to have workman’s compensation insurance, which provides benefits in the event that an employee is killed related to a workplace accident.

When a loved one is killed in a work accident, a spouse and each child may receive weekly compensation.

Workers’ Compensation Death Benefits

Medical: Medical expenses related to the employee’s death will be paid and/or reimbursed.

Services: Funeral expenses as set forth pursuant to South Carolina Code Section 42-9-290.

Paid compensation: Financial assistance in the form of compensation benefits will be paid according to the following terms:

All workers’ compensation death benefits are exempt from the claims of creditors and all estate taxes.
2/3 of the employee’s weekly wage will be paid to a spouse, or a spouse and dependent children. The weekly benefit will not be less than $75 or more than the annual compensation rate limit. (For 2010, this is $689.71.) The benefits will be paid up to a maximum of 500 weeks with two exceptions: 1. Weekly benefits already paid to the employee (and family) during injury will be subtracted from the death benefit limit. 2. When a spouse remarries, a two-year lump sum is payable to the spouse upon remarriage and weekly benefits cease.

Children receive benefits beyond age 19 if disabled, or until age 23 if they are full-time students.

Who Receives Death Benefits When There Are No Dependents?

If there are no dependents, workers comp death benefits will be paid out among partially dependent persons.
If there are no dependents at all, workers’ comp death benefits will be paid to non-dependent children.
If the deceased employee does not have children, the worker’s comp death benefits will be paid to the employee’s parents.
A claim for death benefits must be filed within two years of the employee’s death.

Click here to find out what to do if your employer denies your benefits and/or your claim to compensation under the South Carolina Workers’ Compensation Act.

By: Pete Strom, South Carolina Workers Comp Attorney

South Carolina Workers Compensation Attorneys

Nail guns are used on a daily basis on many construction sites, especially in residential construction. While nail guns may increase efficiency, they also result in tens of thousands of severe injuries each year.

In fact, nail gun injuries are so common that a study of apprentice carpenters determine:
• 2 out of 5 were injured using a nail gun during their 4 years of training.
• 1 out of 5 were injured twice.
• 1 out of 10 were injured three or more times.

Not surprisingly, nail guns are responsible for an estimated 37,000 emergency room visits each and every year.

Several nail gun injuries and accidents have resulted in death. The Occupational Safety and Health Administration (“OSHA”) claims about two-thirds of nail gun injuries occur in framing and sheathing work. Injuries also regularly occur in roofing and exterior siding and finishing.

Nail Gun Injuries are Under-reported.

When they do occur, many victims do not report the injury and do not request or receive any medical treatment.

Reducing the Risk of Nail Gun Injury

Risk factors that increase the chance of a nail gun injury include the type of trigger system and the amount of training received.

The risk of a nail gun injury is twice as high when a multi-shot contact trigger is used as opposed to a single-shot sequential trigger nailer.

OSHA offers the following steps that contractors can take to reduce the likelihood of a nail gun injury:

1) Use full sequential trigger nail guns;
2) Provide training;
3) Establish nail gun work procedures;
4) Provide personal protective equipment (PPE);
5) Encourage reporting and discussion of injuries and close calls; and
6) Provide first aid and medical treatment.

Click here to read more nail gun safety tips.

By: South Carolina Workers Compensation Attorney Pete Strom

South Carolina Workers’ Compensation Attorneys

Earlier this week, the South Carolina Court of Appeals issued a decision in King v. International Knife and Saw, ruling that an employee who suffers a repetitive work injury is entitled to benefits under the South Carolina Workers’ Compensation Act if the employee files a worker’s compensation claim within ninety days of the day that the employee first seeks medical treatment for the injury or is forced to miss work, even if the employee has known that there was a problem for years.

Under the South Carolina Workers Compensation laws, the standard rule is that an employee suffering from a repetitive injury must notify his employer within ninety days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition entitles him or her to benefits under the South Carolina Workers’ Compensation Act (subject to certain exceptions). If an employee does not file his or her claim within this time period, and the reason for the delay does not fall within an exception, the employee will not receive any benefits.

The employee friendly decision clarified when the 90 day notice period begins to run, noting that, “a work-related repetitive trauma injury does not become compensable, and the ninety-day reporting clock does not start, until the injured employee discovers or should discovery he qualifies to receive benefits for medical care, treatment, or disability due to his condition.” Under this analysis, the employee’s claim does not arise when he or she first experiences pain, but rather when the employee starts missing work and/or needs to seek medical attention for the injury, which may occur months or even years later.

When Does a Reptitive Injury Occur for the Purpose of Filing a SC Workers’ Comp Claim?

For approximately 13 years claimant, Ralph King Jr., used six-, eight-, and ten-pound hammers on a daily basis to hammer saw blades to customer specifications. On April 17, 2008, the hammer King was using shattered, and King felt a sharp pain in his shoulder. King openly admitted that his arm had been tired, sore, and achy for a couple of years. King continued working for nearly a month before he informed his supervisor about his injury and sought medical treatment. King stopped working on May 15, 2008.

A few months later on August 7, 2008, King filed a claim for workers’ compensation benefits. King’s employer, International Knife and Saw, denied his workers’ comp claim assering that his injuries were not work-related and he that failed to give timely notice of a repetitive trauma injury. King later amended his claim to include carpal tunnel syndrome in his right arm, hand, and fingers. Both the original and the amended claim stated King was seeking benefits for “injury” as well as “repetitive trauma.”

King’s medical records showed that, from May to September 2008, he sought medical treatment for pain on his right side, from his neck to his hand, and numbness in his right hand. He physician prescribed pain medications, and they explored possible causes in his rotator cuff, cervical spine, nervous system, and carpal tunnel.

An MRI taken revealed a mild nerve impingement in his right shoulder. Electrodiagnostic studies further established that King suffered from moderate carpal tunnel syndrome on his right side. He underwent ETPS as well as physical therapy.

Under the South Carolina Workers’ Compensation laws, the single commissioner found King’s report to his employer was timely and awarded him benefits for total disability and medical treatment. King’s employer appealed and the Appellate Panel reversed both the finding of timeliness and the award of benefits, denying King’s claim for workmans’ compensation benefits.

King appealed, and our South Carolina Court of Appeals ruled that he is entitled to benefits under the South Carolina Workers’ Compensation Act.

The Justices stated they found substantial evidence that did not support the Appellate Panel’s findings which characterized King’s long-term arm ache as an “injury,” leading them to determine King discovered or could have discovered “a couple of years ago” that he had a compensable condition, a finding which precluded King from receiving benefits for failing to satisfy the notice requirement. Instead the South Carolina Court of Appeals ruled that King did not have any reason to know that his injury was compensable before April 2008 entitling him to benefits under the South Carolina Workers’ Compensation Act.

If you are dealing with a repetitive work injury, contact the South Carolina Workers’ Compensation Attorneys at the Strom Law Firm, LLC today for a free consultation to discuss your legal rights. 803.252.4800

South Carolina Workers’ Compensation Lawyers

Repetitive Injury

In South Carolina, the Workers’ Compensation laws provide for compensation in the event of a work related injury. Although a work related injury can happen in a split second, a work related injury may also occur a period of time. The South Carolina Workers’ Compensation Laws provide coverage for a repetitive work injury.

A repetitive injury is usually caused by accumulated physical damage and may occur from daily wear and tear at the workplace that results in physical trauma over time. If you need to seek medical attention for any of the following injuries, your medical bills and any lost wages you may be entitled to South Carolina Workers’ Compensation benefits. Common repetitive injuries include:

• Back injuries,
• Knee injuries,
• Neck injuries,
• Shoulder injuries,
• Carpal tunnel syndrome,
• Tennis and golf elbow,
• Ganglion cyst, and
• Hearing problems

If you have suffered a repetitive injury on the job, the Workers’ Comp lawyers at the Strom Law Firm, LLC can help.

How to Proceed After a Work Injury

If you have been hurt on the job, you should Report the Injury as soon as possible, but no later than 90 days after the accident.

Seek Medical Attention and Follow the Doctor’s Recommended Advice:

Your employer should direct you to a physician who will evaluate the extent of your injuries. If your employer does not schedule an appointment for medical treatment, you should immediately obtain medical treatment and an evaluation of your condition from a medical doctor so that you can document the extent and severity of your work related injury.

Be a Responsible Patient:

Follow all of your doctor’s treatment advice. If you do not understand a treatment protocol, just ask. Be honest about the nature and extent of your injury with your doctor. (Fraudulent claims are taken very seriously and a false statement may result in criminal prosecution.)

Protect Yourself And Your Workers’ Compensation Claim:
Do not feel compelled to volunteer information that does not have anything to do with your injury. For example, if you are dealing with lower back pain from a fall that occurred last week, there is no reason to tell your doctor that you had lower back pain for a two week period ten years ago when you have not experienced continuing back pain since the accident.

Get a Second Opinion When Necessary:
Although you must be completely honest, remember that your employer likely has an ongoing relationship with the physician that they are sending you to. Given this relationship, and depending upon the severity and extent of your injuries, it often makes sense to attempt to obtain a second opinion or independent medical opinion.

Maintain Records:
Track important dates related to your injury, such as injury occurrence, date of report, and conversations regarding your injury. Keep all receipts for medical treatment, medications, any travel related expenses including miles driven to see your doctor and any other costs related to your injury so that you will be fully reimbursed if your comp claim is approved by the insurance carrier.

NEXT STEPS: File a Worker’s Comp Claim

By: Pete Strom, South Carolina Workers Comp Attorney

South Carolina Burn Injury Lawyers

Burn Injuries At Work

Severe burns injury and death can occur on the job due to fire, exposure to heat such as steam or boiling water, and exposure to chemicals or radiation. The effects of a burn on children and adults alike can be devastating and even deadly. The South Carolina burn injury attorneys at Strom Law Firm will protect your rights.

Burn victims may suffer muscle, bone, blood and tissue damage as well as subsequent pain due to injury to nerves. Burns can also be fatal.

Depending upon the severity of the burn as well as the location of the burn, a burn victim may experience a wide number of potentially fatal complications, including shock and respiratory distress.

Burns can also result in severe psychological and emotional distress related to scarring and deformity.

The attorneys at the Strom Law Firm, LLC handle various types of burn injuries and deaths that occur on the job or elsewhere, including:

Burns caused by defective products and equipment,
Chemical burns,
Burns caused by fire,
Electrical burns,
Radiation burns, and
Scalding

Our South Carolina burn injury lawyer understands the South Carolina Workers Compensation benefits that apply. Depending upon the circumstances, we may also pursue a third-party negligence claim against the contractors, manufacturers, and other third parties who caused or contributed to a work-related accident or death.

Understanding The Severity of a Burn Injury
Burns are classified depending upon the severity of the burn as well as the layers of skin damages.

First Degree Burns: usually only effect the outer layer of skin and are limited to redness and minor pain, such as a sunburn. First degree burns are treated as a minor burn unless they are extensive.

Second Degree Burns: affect the second layer of skin and often involve blistering; the level of pain will depend upon nerve damage.

Third Degree Burns: The most serious burn injuries. Third degree burn injury will cause permanent tissue damages as well as major damage and deformity to all layers of the skin. Third degree burns usually require skin grafts or plastic surgery. Injured third degree burn victims are typically flown immediately to a local burn center.

If you, your child, or a loved one has been injured or died as a result of a burn injury at work, the attorneys at Storm Law Firm can help. Founded by a former U.S. Attorney, our firm understands the system and will fight to protect your rights.

By: South Carolina Workers Compensation and Personal Injury Attorney Pete Strom