I was talking to a psychiatrist at  a party once that asked what I did. I explained that I was a plaintiff’s lawyer and helped the poor, impoverished David’s of the world fight the big Goliaths, such as insurance companies. He laughed and said, “So the insurance company drags things out hoping that your clients will lose interest, motivation, or just give up?” I was shocked because in one sentence he outlined the crux of the insurance company defense and modus operandi.

Continue Reading

The subject has come up too many times in the past couple weeks where clients are disputing what is documented in their medical records that were written by their own treating physicians. I will admit, prior to becoming an attorney in South Carolina, I would trust what the doctor told me in the private setting of the examination room. As Lee Corso says, “Not so fast my friend.”

Continue Reading

Through various avenues and referral sources, I often times get some interesting questions about “potential” cases. Lately, I have been looking over my shoulder for the hidden camera or wondering which one of my friends in playing a joke on me. I’m not sure it’s a result of our litigous nature, the dying art of customer service, or people just dont have time to properly deal with issues that arise.

Continue Reading

Many times when people are involved in a work accident, they will aggravate an old injury. We oftentimes hear concerns from these individuals that the Workers’ Compensation (“WC”) insurance carrier MAY NOT cover medical treatment for these types of re-injuries.  So the question in South Carolina becomes, is a work accident that aggravates and/or makes worse a pre-existing injury covered by the employer’s WC insurance carrier?

Continue Reading

Many times we see potential clients fail to follow through with a Workers’ Compensation claim because they are “job scared.”  Some of the individuals may have a promising but new career with their employer, other times the individual has been employed with the same company for 20+ years and fear losing a good job.  If you have been injured on the job and are job scared, please read this before deciding NOT to pursue a Workers’ Compensation claim.

Continue Reading

Don’t fall victim to the “There Ain’t Nothing Wrong With the Floor” defense. If you trip over an object on the floor at work and fall, you are almost certain to be covered by the workers’ compensation laws.  But what happens if you simply fall at work on a completely level floor or on a smooth rug and there is no obvious cause for your fall?  What if your employer responds that you can not get workers’ compensation benefits because “there ain’t nothing wrong with the floor” to have caused you to fall?  Is the employer right?

Continue Reading

Many of us remember the “Just Say No” Campaign in an effort to fight the war on drugs. Green shirts were promoted among children with the popular saying to try and thwart our small minds from saying “Yes” to experimental drugs.  In the name of public policy a governmental agency created a slogan, provided t-shirts to poor children and pushed their agenda through the public education system keeping many from being able to enjoy the high of quality street drugs.

Continue Reading

A recent article by NPR illustrates what is wrong with any legislation put forth in the name of “reform”. This article provides quantitative evidence and examples of why the workers’ compensation system is broken. Our very own Ernie Trammell has provided articles about South Carolina Workers’ Compensation issues writing, “Injured at Work in South Carolina?