The John Price Personal Injury Law Firm Blog

Top Personal Injury Attorney Statistics

According to statistics from top personal injury attorneys, thousands of people every year are injured or killed because of dangerous or defective products. In Charleston, SC and throughout the United States, manufacturers, distributors, wholesalers and retailers may be held liable for any damages incurred by others through defective products they make, distribute or sell. However, receiving proper compensation in a timely manner often requires the help of a reliable personal injury attorney.

Gather Information

If you have been injured by a defective product, it is recommended that you seek a personal injury attorney as soon as possible. However, before you do so, you must prepare by gathering all of the pertinent information that personal injury attorneys will need. This information includes a receipt or proof of your purchase and paperwork from your doctor about your injuries and any treatment performed. You will also want to write down as many facts as you know, including all of the following:

• Product and price paid for the product
• Date and place of purchase
• Date and time the injury occurred
• How the injury occurred
• How the product is defective
• Damages sustained from the injury

Personal Injury Attorney

Once you have all of your facts and documentation, find an experienced attorney. Personal injury attorneys will be able to take care of the entire process for you. If you have a good case, then it may be accepted on a contingency basis, which means you won’t have to pay your lawyer out of your own pocket in advance.

The attorney will file a claim with all entities in the supply chain with a notice that you are seeking damages and that a lawsuit will be filed in court. The liable parties will have a chance to settle the case out of court, but if it goes to court, your lawyer will have to prove the following four points:

• You suffered an injury.
• The product is defective.
• The defective product caused the injury.
• The product was used as intended or alternatively, the product was used in a way that could have been foreseen. Even if the product was misused, you still might have a claim.

Once these four points can be proved, an amount for compensation can be negotiated between you, those liable and the court. It’s best if you have an experienced and honest personal injury attorney during these proceedings.

If a family member is injured and you are seeking compensation, contact our South Carolina product liability attorneys. We offer a free consultation and can meet the victim at one of our five locations, or we can visit your home or hospital. We want to help. Let us help.

It’s not uncommon to see families on golf carts zipping around local neighborhoods, especially in the spring and summertime. In larger neighborhoods, taking a golf cart to the pool can save a car ride or a longer, much warmer walk. Master-planned communities may have a grocery store or school within the neighborhood where it’s tempting to hop on the golf cart for a quick trip. In today’s post, we’re highlighting the dangers posed when golf carts are operated by a child. We’ll also touch on some important golf cart safety tips that apply to those who are legally allowed to operate a golf cart in South Carolina.

Understand the Dangers of Children Driving a Golf Cart
While getting behind the wheel of a golf cart must be incredibly tempting to children, when you review the potential risks, you’ll understand why it’s so dangerous. The National Law Review recently warned readers about the dangers of children operating golf carts. They cited a study that took place from early 2004 to late 2014 focused on 100 children under the age of 17 who were treated for golf cart accident injuries in Pennsylvania trauma centers. The study found the average age of the children injured was 11, with 27 percent suffering a concussion. The concussion risk went up for children ages 6 to 11, with 25 to 30 percent sustaining brain injury and brain bleeding. The National Law Review cites the lack of safety features in golf carts (there are none for children) and helmets not being required as possible explanations for the increase in head injuries.

Know the Laws About Operating Golf Carts
Some may not realize you must be 16 years of age with a valid driver’s license to operate a golf cart in South Carolina (also called a low-speed vehicle). The law also states golf cart use is limited to daylight hours, and the golf cart must be registered and insured (liability insurance). The law goes on to state: “a low-speed vehicle may be operated only on a highway for which the posted speed limit is thirty-five miles an hour or less.” Additionally, golf cart operation is limited to “within four miles of the address on the registration certificate.” Refer to the South Carolina Legislature website for more specifics.

Ride Safely
As a parent or caregiver, you play a vital role in keeping children safe while riding on golf carts. Follow South Carolina laws for golf cart use, no exceptions. Halloween night, for example, is one instance where locals seem to ignore the “daylight hours” mandate, as reported by The Gazette of Summerville. Another hazard highlighted by The Gazette’s Matt Bise is driving a golf cart while under the influence or traveling with an open container. Bise reports, “A driver can get charged with DUI or having an open container just like in a car.” Nationwide Children’s Hospital put together a list of golf cart safety tips.

A few to note:

• Braking slowly and avoiding sharp turns
• Limiting passengers “to adults and children six years of age and older”
• Regularly maintaining your golf cart
• Waiting until the cart has reached a complete stop before exiting
• Using handgrips and keeping both feet on the floor (passengers)

Refer to their website for the full list.

We Are Here to Help
Contact our personal injury firm if you or a family member has been injured in a golf cart accident in South Carolina. We offer a free consultation and 24-hour answering service. We have five convenient locations, with three South Carolina locations being fully staffed with full-time attorneys and experienced support staff, or we can meet you at your home or hospital, with evening and weekend appointments available. Call John Price Law Firm, LLC at (843) 632-5672.

Everybody knows that liability car insurance is the bare minimum legal requirement if you want to operate a vehicle on the roadway. However, a lawyer will tell you that uninsured driver accident cases are some of the most common issues that they come across. It’s important for you to have an understanding of what happens next should this happen to you at some point.

Call the Police

First and foremost, you should call the police right away. No matter if the person has insurance or not, you should make sure that the police are notified so they can file a report about the incident. This is a very important document that your personal injury attorney will need later in your case.

Don’t Accept a Bribe

People who are driving without insurance probably don’t want you to notify the police. As a way to avoid that, they may just offer you money for the accident. Do not accept this! It is unlikely that the amount of money that they give you will actually cover the costs of your injuries or your car’s repairs. Make sure you have a clear understanding of the details of your accident before you go into negotiations with anybody.

Trade Contact Information

You should absolutely provide each other with contact information. It’s likely that you’ll need this when you file an insurance claim for the accident. While the other driver may not have insurance, you should obtain their name, phone number, and address.

Contact a Personal Injury Attorney

Of course, one of the most important things you should do is contact a car accident lawyer right away. We at John Price Law Firm,  are more than happy to provide the legal guidance you need. Contact our offices today to schedule your free consultation (843) 632-5672!

 

Early estimates from the U.S. Department of Transportation show that 26,730 people were killed in car crashes in the first nine months of 2019 alone. With staggering numbers like these, we can be certain that thousands more were injured. The truth is that car accidents happen. Because we cannot control elements like hazards, weather and other motorists, any time you are traveling in a vehicle, there is potential for an accident to occur. What you do immediately following an accident is very important in protecting your rights during the claims filing process.

Let’s be honest, traffic accidents are scary and stressful. Literally jarring you from your focus on the road, car accidents sneak up on you and jolt you into a new mental state without warning. The most important thing you can do when a car accident occurs is to remain calm. As you begin to register what just happened, protect yourself by taking a few deep breaths and keeping a level head. From that moment on, your actions and words will be crucial as you file a claim with insurance and speak to a car accident attorney about any damages you may have suffered.

Rely on this list of the first five things you should do after a crash to guide and protect you through the stressful situation:

Stay at the scene

No matter what, do not leave the scene of a car accident. Not only do you risk missing an important opportunity to assess the damages, you are also risk a hit-and-run charge.

Check for injuries and damages

Before you exit your vehicle, check yourself for any injuries. Do not step out of the car if you feel dizzy, lightheaded or disoriented. Once you have determined that it is safe to get out, exit your car and check with the other drivers to identify any injuries they may have. If anyone is seriously injured, call 911 immediately. If all are ok, you can begin checking the vehicle for obvious damage.

Call the police

You should never leave out this step. A police report provides an official record of the accident that will be important in filing an insurance claim and documenting anything you may need in a potential personal injury suit. As soon as possible, call the police so that they can respond to the scene right away.

Exchange information and record evidence

Once the authorities have been dispatched, you can get to the business of a car wreck. Exchange insurance information right away. If possible, take a picture of the other driver’s insurance card. Record their names and the names and contact information of any witnesses who may be present. If it is safe, you can gather documentation of the damage to your vehicle and yourself. Take pictures of anything that is dented, scratched or otherwise damaged as a result of the accident. The more documentation the better.

Be careful of what you say

Finally, the important step five should be exercised through the entire experience. For some people it is instinct to immediately apologize for a car accident. Do not do this. An apology or an admission of guilt immediately builds evidence that you are at fault. This determination is best left to the responding officer, lawyers and insurance adjusters. Additionally, keeping a level head and cool attitude is important. Hostile behavior doesn’t doesn’t make you look good on a police report.

When you are involved in a car accident, emotions can run high. Regain focus on the situation as quickly as possible and proceed with a calm attention to detail.

At John Price Law Firm, LLC, injured individuals receive compassionate counsel and strong advocacy in negotiations or at trial. To arrange a free initial consultation with one of our car accident attorneys, call us at (843) 632-5672 or fill out our form. 
 

Additional Resources:

https://money.usnews.com/money/personal-finance/articles/2018-07-03/7-steps-to-take-after-a-car-accident
https://injury.findlaw.com/car-accidents/car-accident-dos-and-don-ts.html
https://www.allstate.com/tr/car-insurance/in-case-of-a-car-accident.aspx

Car seats have come a long way over the past few decades as child safety continues to improve with more new findings and advances. When using a car seat, the proper installation and instructions for strapping a child in should be followed. Here is a look at some helpful tips to guide you through the process.

Types of car seats

There are different types of car seats as designs and brands run far and wide. However, there are some staples that every parent should know. A rear facing car seat should be used for children up to the age of two at a minimum. Size variations could dictate a change later for some. These rear-facing seats keep the child secured with a harness strap even with or below the shoulders.

Forward facing car seats are used by children above the age of two. These also have a harness and should be even with or above the shoulders. Regardless of which of these seats are used, parents can make sure they are secure by employing a pinch test. Use your fingers to pinch the strap right around the collarbone area. When there is enough of the strap to pinch, then it is too loose.

When to move on to a new car seat

Rear facing seats suit kids up to two years of age, unless they are on the smaller side. In those instances, they can be used a little longer. After the age of two, children should be placed in a front facing seat that is equipped with a five-point harness. But even when kids are big for their age before the age of two, they should still remain rear facing, due to the fact that their bones, spine and ligaments are still developing.

After the age of four, children can move to a booster seat in the state of South Carolina. This is contingent on the child meeting the recommended size requirements. That booster is required until the age of 8 in South Carolina or until the child has reached 57 inches tall. That is the minimum suggested height for a regular seat belt to function accordingly.

The wrong car seat or the improper fastening of a child safety seat could lead to a myriad of injuries. If you have a child who has been injured in an auto accident, the John Price Law Firm is here to help.

The Atlantic hurricane season begins June 1st and continues through the end of November. The hurricane season refers to the annual formation of tropical cyclones in the Atlantic basin, a number of which hit and affect the United States. As hurricane season continues, the likelihood of serious storms increases. And this year, experts predict the hurricane season will be busier than usual.

South Carolina residents need to be prepared in the event of a hurricane, particularly Charlestonians and those living in other coastal cities. Here are some tips to help you be prepared during the 2022 Atlantic hurricane season.

Basic Tips

One of the best ways to stay prepared during hurricane season is to stay up to date with hurricane news and alerts. Sign up for text or email alerts that update you with hurricane watches, warnings, and other relevant notifications about storms. The more you know about the particular storm, the better you can prepare your family and your home to deal with it.

You should also have a family emergency communication plan in place in the event that you and your family members are separated when a hurricane or tropical storm hits. Ready.gov has tips for putting a plan together, as well as a plan template you can download.

Evacuation Tips

You should also be prepared in the event that an evacuation is ordered this hurricane season, or in case your family decides to evacuate even if there is no order. Roads have evacuation routes in place, and while the traffic can get backed up, it is best to follow the evacuation routes instead of taking shortcuts, as these roads may be closed or blocked off.

Familiarize yourself with your hurricane evacuation route before you evacuate, so that the trip can go as easily as possible. To avoid traffic, consider getting a head start by leaving earlier, possibly leaving before the evacuation order is even issued.

If you expect an evacuation to be ordered, do your best to keep a full tank of gas in your car. Gas pumps may be closed, and you don’t want to be stranded on the road without gas. You should also keep a disaster preparedness kit in your car, holding things like a flashlight, batteries, cash, first aid supplies, and copies of your critical information.

Practicing patience is also very important in the event of a hurricane evacuation. There will be a lot of people on the road, and you can likely expect hours of traffic. In order to ensure your safety and the safety of those around you, keep your cool in the car during an evacuation.

If you’re involved in an accident

Even if you practice perfect patience, you may still be involved in a car accident while evacuating, so be prepared for an incident just in case. Have the necessary paperwork and information in the car with you to help the situation be resolved quickly. A disaster preparedness kit can come in handy in this situation, as it will hold much of your critical information already.

Home Safety Tips

While you can evacuate in the event of a hurricane or a tropical storm, your home cannot. Heavy rains and strong winds can cause serious damage to your home, so it needs to be prepared for hurricane season as well.

Trim trees surrounding your house before hurricane season hits, and regularly trim throughout the season, as strong winds can make branches fall and potentially damage your home. You should also secure gutters and downspouts to prevent water damage from heavy rains.

Secure items around your home, such as porch furniture, potted plants, and other items in your yard to protect them from strong winds, or bring them indoors. Cover your windows with hurricane shutters, and consider bracing your doors if winds are expected to be severe.

Lastly, do not post on social media that you are evacuating, as it may make your home a target for potential burglars. Even if you trust your Facebook friends or Twitter followers, ill-intentioned persons may see the post and target your home.

If you’re staying home

If you plan to stay home during a storm rather than evacuate, there are further steps you should take to prepare. Bottom line, have plenty of supplies. Supplies should include water, food (non perishables are best), flashlights, plenty of batteries, candles, a battery powered radio, and personal hygiene items.

Also consider items for household members who need special supplies, such as infants or pets. For all of these supplies, have enough to last at least 3 days. You may also want to consider installing a generator or purchasing a portable generator so that you can avoid the issues that go along with power outages.

While it is impossible to completely avoid a hurricane or tropical storm, there are steps you can take to reduce the risks associated with these storms. By following these tips, you can keep your family and your home as safe as possible during hurricane season.

 

Additional Resources:
https://www.ready.gov/make-a-plan

Are you the parent or caregiver of a new teen driver? Much anticipation and preparation likely went into getting your teen driver ready for this milestone. Many of us can remember what it was like to get our first set of car keys. We may also have memories of our first fender bender or close encounter due to severe weather or hazardous conditions. As exciting as this time can be for your child, it’s important to have a serious conversation with them about the dangers of the road. Today’s post will include teen driving stats and safety tips to discuss as a family.

 

Teen Driving Facts

The facts around teen drivers and auto accidents are alarming. The Centers for Disease Control and Prevention (CDC) reports “the risk of motor vehicle crashes is higher among teens aged 16-19 than among any other age group.” When you view the risks per mile driven, teens are three times more likely to be in a fatal crash compared to drivers 20 years and older. Those who are at the greatest risk in this age group are males, those with teen passengers, and those who are newly licensed.

 

Contributors to Crash Risk

In examining what may lead to the higher risks of accidents for teen drivers, the CDC places inexperience at the top of the list, followed by speeding, low seat belt use, alcohol, and driving in the nighttime or on the weekend.

 

Danger Zones to Discuss With Your Teen

The eight danger zones identified by the CDC are as follows:

• Driver inexperience
• Driving with teen passengers
• Nighttime driving
• Not using seat belts
• Distracted driving
• Drowsy driving
• Reckless driving
• Impaired driving

 

Agree on Ground Rules for Safer Driving

After going over the aforementioned danger zones, have a collaborative conversation with your teen regarding safe driving ground rules. A few we may suggest include:

• Always wearing seat belts
• Following posted speed limits
• Staying away from alcohol and drugs
• Using turn signals
• Putting phones and technology out of reach to reduce distracted driving
• Limiting teen passengers
• Limiting driving at night

Other tips highlighted on TeenDriving.com:

• Proper hand placement on the wheel
• A clean windshield for better visibility
• Being aware of aggressive drivers
• Keeping gas in your car
• Being a safe driver at school (more on their website)

 

Additional Steps to Consider

Be sure to review the First Driver’s License section on the South Carolina Department of Motor Vehicles (SCDMV) website for requirements and resources. The Insurance Information Institute recommends parents sign their teen drivers up for a driver’s education course. They also suggest looking into safe driver programs offered by your insurance company. Modeling safe driving habits around your teen is also emphasized. Spending some time on the AAA Keys2Drive website may also be worthwhile. They have a parent-teen agreement that is print-friendly and ready for signatures.

 

We’re Here to Help

Contact our personal injury firm you or a loved one has been injured in an auto accident in South Carolina. We offer a free consultation and 24-hour answering service. We have five convenient locations, with three South Carolina locations being fully staffed with full-time attorneys and experienced support staff, or we can meet you at your home or hospital, with evening and weekend appointments available. Contact John Price Law Firm today.

Fatigued driving is a topic we regularly cover on the blog, and for good reason: the National Sleep Foundation (NSF) reports more than 6,000 lives are lost each year due to drowsy driving. When you factor in holiday to-dos, strained sleep schedules from concerns around COVID-19, and conditions on the road this time of year, a reminder about the dangers of driving while drowsy is in order. Keep reading for tips on how to avoid fatigued driving from an accident lawyer in North Charleston.

What Is Fatigued Driving?
The American Academy of Sleep Medicine’s (AASM) definition of fatigued driving: “When a person who is operating a motor vehicle is too tired to remain alert. As a result, the driver may have slow reaction times, reduced vigilance and impaired thinking. In the worst case, the driver may fall asleep behind the wheel.”

Groups at a Higher Risk of Fatigued Driving According To AASM Include:

• Those with untreated sleep disorders
• Shift workers
• Those experiencing medication side-effects
• Young men

Learn the Warning Signs of Fatigued Driving

 

AASM cautions drivers to be aware of the signs of fatigued driving:

• Yawning
• Not able to keep your eyes open
• “Nodding off” and trouble keeping your head up
• Not able to remember driving the last few miles
• Driving too close to nearby cars
• Missing road signs or turns
• Drifting into other lanes or onto rumble strips on the shoulder

An additional sign of fatigued driving listed on the National Safety Council (NSC) website is having difficulty maintaining your speed.

How To Avoid Driving Drowsy

The Centers for Disease Control and Prevention’s suggestions to prevent fatigued driving:

• Get adequate sleep (7+ hours for adults, 8+ hours for teens)
• Practice good sleep habits (a sleep schedule may be helpful)
• Pursue treatment if you have a sleeping disorder
• Don’t drink or take medications that make you sleepy before driving

Other ideas from the AASM to keep in your toolkit:

• Avoid driving late at night
• Drive with a companion
• Take turns driving with a partner
• Pull over at a safe place to take a nap
• Consume caffeine for a quick boost
• Arrange for a ride home

We’re Here to Help
Are you looking for an accident lawyer in North Charleston? If you or someone you love was the victim of an accident due to fatigued driving, turn to John Price Law Firm, LLC. We offer a free consultation and 24-hour answering service. We have five convenient locations, with three South Carolina locations being fully staffed with full-time attorneys and experienced support staff, or we can meet you at your home or hospital, with evening and weekend appointments available. Call John Price Law Firm, LLC at (843) 632-5672.

Additional Resources:

https://www.sleepfoundation.org/articles/problem-drowsy-driving
http://sleepeducation.org/sleep-topics/drowsy-driving
https://www.nsc.org/road-safety/safety-topics/fatigued-driving

Before hiring an auto accident attorney, it is important to know exactly what you are getting. It is not wise to just pick out a name and go with that attorney. Here is a look at some of the top questions to ask an auto accident attorney when considering going with that service.

Are auto accidents the attorney’s specialty?

Some attorneys are better versed in handling auto accidents than others. Ask what other areas of law the attorney practices and hone in on his/her experience when it comes to auto accidents. Just because someone is a great tax lawyer does not mean they could handle auto accident claims.

What are the damages that can be claimed?

It is important to know how your case will be structured and what will be paid. There are damages that result from the physical toll of an accident and others that result from the emotional toll. You should know what your attorney is going after.

What Kind of Damages Can You Claim?

They are many damages that result from car accidents and you should be compensated for all of them. These damages include lost income, out-of-pocket expenses, medical bills, property damage, etc. There are also non-tangible losses such as emotional distress, physical impairment, pain and suffering, and more.

What are the attorney fees?

Most auto accident attorneys work on contingency fees. This means they don’t get paid until you get paid. Some attorneys require upfront payments, hourly rates or a flat fee. It is important to know where you stand in terms of what kind of payment is expected.

What can I do to help this claim?

There are certain responsibilities that fall on those who hire a car accident lawyer. Being proactive will only strengthen your case and asking what you can do will be a big benefit moving forward. The attorney will direct you on how exactly to assist.

How will my claim be managed?

Some law firms assign a team of attorneys to a case. Meanwhile, some cases are handled by a lone attorney. You should know right away who will be the one working with you and that will also identify your primary contact. This also involves who will be handling your claim if it does wind up going to litigation.

At John Price Law Firm, we have answers to all your auto accident attorney questions. We are ready to start working on your auto accident lawsuit in North Myrtle Beach, SC.

Nursing home negligence is a sad reality throughout the United States. It takes shape in various forms and does not have to be relegated to physical abuse. It can also manifest in mental abuse among nursing home patients, although this type is a bit more difficult to detect. It may take a more discerning eye to identify mental abuse, although here is a glimpse of some of the tell-tale signs.

Types of Mental Abuse

While it is not the most documented form of abuse in nursing homes, mental abuse continues to be very prominent. Mental abuse can also be an accompanying form of abuse. It goes along with physical and sexual abuse, but can also stand out on its own. It remains the most difficult form of abuse to identify without the obvious signs of other types of abuse.

First, it is important to establish what constitutes mental or psychological abuse. It could consist of threats made to patients by staff members or the act of humiliating them. Staff members can also inflict damage by instilling fear in patients. These can be defined into certain actions, highlighted by harassment. The act of insulting or scolding a patient also constitutes mental abuse. Some staff members have even been known to stalk patients. While these behaviors are both cruel and inhumane, they occur every day.

Difficulties in Detection

There are a number of factors that make it difficult to detect mental abuse in a nursing home. Elderly patients are susceptible to a variety of impairments. A decrease in cognitive capabilities can make these patients east prey for unscrupulous staff members. Elderly residents with Alzheimer’s disease or dementia are also easy targets and especially vulnerable.

Warming Signs

Despite all that is working against patients, there are signs to look for that indicate they are being psychologically abused. Patients who suffer from an unexplained bout of depression or have a sudden hesitancy to speak may have fallen victim to abuse. When a patient is being abused, they also have a tendency to grow more passive and are reluctant to make eye contact. It could even lead to instances where the patient refuses to communicate at all. Altered sleeping habits, confusion, a surge in anxiety and sudden loss of appetite are further indicators.

If you suspect that someone you know is falling victim to nursing home negligence in South Carolina, contact the John Price Law Firm today.

Fatigue can have a severe impact on workers in every industry, although it comes with severe consequences in the medical industry. One slight error can be the difference between life or death. And when a doctor makes a mistake because of fatigue, it can lead to a sizable medical malpractice claim.

Hospital shifts are constructed by staff and administrators, although many physicians work well beyond a typical 40-hour workweek. This is pretty much common knowledge, especially when it comes to residents. These doctors have been known to work anywhere from 80 to 100 hours per week as it is known as a grueling experience. Residents are typically sleep deprived as it is considered part of the job. The combination of a lack of sleep and residents not having a wealth of experience makes for a dangerous combination.

Even in the most skilled doctor, sleep deprivation and fatigue can lead to poor decision making, delayed responses and falling cognitive functions. This could result in misdiagnosis, medication errors, surgical errors and many other forms of medical malpractice. A current law has put in place by the Accreditation Council for Graduate Medical Education to limit residents to 80 hour-workweeks. However, that is twice the amount of work hours as most people who work a full-time job. The system is essentially a recipe for disaster.

To make matters even worse, this 80-hour cap came into existence only after a rash of patient deaths. Prior to that, residents may have been putting in even more hours during a normal week.

Residents are expected to work long hours as a learning experience. Nevertheless, the stress and fatigue of such an intense environment have the capability of leading to errors that could otherwise be avoided. Those errors have the potential to bring serious consequences to patients and in some instances, death.

In older physicians, burnout can have the same impact. Their judgment is negatively impacted when doctors are not well-rested. Studies continue to show that preventable deaths in American hospitals is at a rate considered much too high. However, medical malpractice lawsuits can be filed even when injuries are not of a catastrophic nature. Minor injuries even qualify when physician fatigue is responsible for that preventable injury.

The information presented here is not to be construed as legal advice. If you are a victim of medical malpractice in South Carolina, contact an attorney near you for assistance. 

Workers’ compensation is a welcomed benefit for people who sustain injuries on the job. It can be a source of survival while those injuries take time to heal. However, there is a larger overall effect on the system when fraudulent claims are filed. This can be done by both employees and businesses. Insurance companies have also been guilty of workers’ compensation fraud and here is a closer look at how it all happens.

Employees and fraudulent claims

One of the most common forms of workers’ compensation fraud occurs when an employee concocts an illness or injury that have no legitimacy. The goal is typically to get paid while not having to work. Back injuries are commonly used in fraudulent claims. Even if the claim is legitimate, you should expect to be scrutinized.

Employees do not have to completely make up an injury for it to be fraudulent. They can also fabricate the extent of the injury. The goal here is generally to make a minor injury seem to be major so that compensation will be disbursed without having to work.

One more way of committing workers’ compensation fraud is to acquire an injury or illness outside of work and make the claim that it was acquired while on the job. This is more difficult to stage when it is a severe injury. And a recurring illness or injury may also be a source for a fraudulent claim.

Fraudulent employer claims

Companies are required to purchase workers’ compensation insurance. Over the course of a year, premiums are paid to cover this insurance. Premiums could rise if there are workers’ compensation claims being paid out. However, employers could falsify the extent of their safety conditions in an effort to lower their premiums. Companies also commit fraud by listing some employees as independent contractors as this will lower the number of employees, thus reducing their premiums.

Some employers may omit workers compensation insurance and still make the claim that it exists. This could result in fines and penalties if the rouse is discovered. There have even been instances when employers teamed up with employees to commit workers’ compensation fraud in hopes of taking advantage of the insurance company.

If you are taken advantage of by a company in any way when it comes to workers’ compensation in South Carolina, contact a personal injury lawyer at John Price Law Firm. Proudly serving clients from North Myrtle Beach to Hilton Head Island and all across the palmetto state.