Attorney Blog | Dean Law Firm | Orangeburg, South Carolina

Can You Apply for Both Workers' Compensation and SSDI?

Tue, 09 Oct 2018 16:00:00 GMT

A disability that keeps you from working can threaten your financial wellbeing and that of your family. Fortunately, state and federal programs such as workers' compensation and Social Security Disability Insurance (SSDI) can offer a much-needed safety net.

If you qualify for any of these programs, you are entitled to apply and receive the necessary benefits. However, in some instances, applying for both programs at the same time can affect the amount in benefits you receive.

Read on to learn more about how workers' compensation can affect your SSD benefits.

SSD Offset

If you are already receiving workers' compensation, you can apply for SSD benefits too. However, the total amount you receive from workers' comp and SSD should not be more than 80 percent of what you earned before your disability.

If the total amount in benefits is more than 80 percent, Social Security will deduct your SSD benefits to bring the total amount to less than 80 percent of what you earned before your disability.

This process of reducing your benefits is known as offsetting and the amount deducted from your SSD is known as the offset. What you earned before your disability is your average current earnings.

Average Current Earnings

When you apply for SSD benefits while receiving workers' compensation, one of the things Social Security will look at is your average current earnings. Social Security uses one of several formulas to calculate your average current earnings.

Social Security may use your average monthly wages throughout your working life or the average monthly wages of the year, in the past five years, when you received the highest amount of wages. Alternatively, the SSA may take the average monthly wages of the five highest paid years of your working life.

Offset Calculation

To calculate the amount to deduct, Social Security will add the base amount of SSD you and your dependents would be entitled to receive due to your disability together with the amount of monthly workers' compensation you are receiving.

If this amount exceeds 80 percent of your average current earnings, Social Security will deduct the excess amount from your SSD benefits.

For example, say you earned $2,500 in monthly wages before your disability. After your disability, you began receiving $3,000 in workers' compensation and you and your family are entitled to $1,950 in SSD benefits.

The total amount of benefits you will receive per month is $4,950 ($3,000+ $1,950). This amount of benefits exceeds 80 percent of your average current earnings, $3,960 ($4,950 x 80 percent).

Your total benefits exceed 80 percent of your average current earnings by $990 ($4,950-$3,960). This means Social Security will deduct $990 from your monthly SSD benefits of $1,950, leaving you with $960 in SSD benefits per month.

Social Security will continue to make this deduction until the time you stop receiving workers' compensation payments or you retire, whichever comes first.

Offset Minimization

Your attorney can employ certain strategies that may help to minimize or eliminate the offset amount that Social Security deducts from your SSD benefits.

For example, you can settle for a lump sum workers' compensation payment and in your SSD application documents, your lawyer can indicate that the lump sum is payable over the duration of your lifetime.

This approach can reduce your monthly workers' compensation amount so that when this amount is added to your SSD benefits, the total does not exceed or only slightly exceeds 80 percent of your average current earnings, allowing you to minimize or avoid the offset.

The relationship between workers' compensation and SSD can be complex. You should certainly speak to an experienced lawyer who can guide you through these issues.

At Dean Law Firm LLC , we have over 35 years' experience helping our clients obtain the compensation they deserve. If you are feeling overwhelmed with your disability compensations, call us today to schedule a free consultation with one of our attorneys.

Hit by a Rental Truck? Who Is Financially Responsible?

Thu, 16 Aug 2018 16:00:00 GMT

Rental trucks are a common occurrence on the road. Like any other massive vehicle, they come with their fair share of threats. When a threat turns into a collision and the collision results in injuries, determining who is at fault is priority number one.

While you might think the driver of the vehicle is automatically to blame, you have instances when the rental company is entirely at fault or at least shares some of the responsibility. Read on to ensure you know who to seek compensation from.

Due Diligence

Rental companies cannot wrongfully discriminate against customers, but rental companies do have grounds to deny a renter. Rental companies should exercise a certain level of due diligence to protect their equipment and, more critically, the overall community.

Consider a scenario when a person comes in to rent a truck, for instance. The person smells of alcohol and struggles to maintain a coherent conversation. You can safely assume the person is under the influence. The same driver successfully rents the truck and hits a car about a mile away from the rental facility.

A similar situation would warrant some level of blame on the rental company given the fact they ignored the blatant signs and allowed the driver to drive off with their property, knowing the driver was a danger to others. From intoxication to license status, rental companies must ensure the renter is equipped to drive safely.

Proper Upkeep

One luxury of renting a truck is the absence of responsibility with upkeep and maintenance, as this is the responsibility of the rental company. When the business does not take this goal seriously and the reason behind your collision was a mechanical failure, the rental company may be the at-fault party.

For example, consider a scenario where the truck's brakes have been worn down to the metal, and the rental company has just ignored the repair. The driver attempts to stop, but with the extra weight on the truck and the failing brakes, they slam into a car and cause serious injury.

The fact that the rental company was aware the brakes were in dangerous condition could make them liable for any injuries and property damage. If the driver of the truck was following too closely or speeding, they might share some of the responsibility for the collision.

A skilled attorney will speak to witnesses and review the police record to help highlight a malfunction that might not be immediately obvious.

Insurance Coverage

Rental companies typically suggest renters carry some form of insurance on their trucks. The protection often comes in the form of a policy purchased through the rental company since many standard auto insurance policies won't cover the rental trucks.

When a driver purchases coverage from the rental company, financial responsibility generally rests on the company's insurance policy since you would need to file a claim against their insurance plan and not the driver's. Like your auto policy, the rental company's liability policy will come with a pre-set cap.

However, if you had multiple people in your car or serious injuries, and your costs exceed the policy threshold, you may be able to file a direct suit against the rental company and the driver of the vehicle.

When you are hurt due to the actions of another person or organization, you deserve to be taken care of. At Dean Law Firm LLC, we strive to ensure our clients get fair treatment, and we will extend the same benefit to you.

If you were injured in an accident with a rental truck, contact our firm so that we can fight for you.

Increase Your Chances of Winning a Food Poisoning Lawsuit

Fri, 08 Jun 2018 16:00:00 GMT

After you have become ill after eating at a restaurant, you will want to act. The more time that passes, the less likely that you will be able to sue a restaurant for damages successfully. Successfully suing a restaurant not only helps you receive compensation but will also deter the restaurant from using unsafe food preparation methods.

Assess Your Likelihood Of Success

First, you will want to consider whether you feel that the damages are significant enough to justify a personal injury case. For instance, if you became so ill that you had to spend time in the hospital, the medical expenses and time spent away from work may justify a lawsuit. Contact an attorney for advice on whether to proceed.

Rule Out Other Causes

You must also determine whether something else has made you sick. For instance, there may have been something else you ate, or you may have gotten the flu. With the help of your doctor, you should rule out other causes. However, once you are certain that the restaurant meal caused your illness, you must gather evidence quickly.

Have Your Leftovers Tested

Having leftover food is one way to prove that the food is contaminated with bacteria. If you have the leftovers tested quickly and technicians find evidence of a harmful bacteria, you may argue that the food caused your illness and that nothing happened between then that introduced the harmful pathogens to the food.

Consider Suing For Negligence

If you can prove that the restaurant caused your illness, you can sue on the grounds of negligence. Restaurants are required to maintain a safe and sanitary kitchen. For instance, if soup is left unheated, the soup may develop bacteria when the restaurant eventually serves it. If you ever eat food that tastes odd, bring it home and see if you become ill.

Contact Your Public Health Department

The easiest way to prove that the restaurant made you sick is if a government health agency gets involved after there is a food poisoning outbreak. To increase the chances that this happens, report your case of food poisoning to your state public health department.

A product recall or a public health warning will increase the chances of your lawsuit being successful. Then, all you have to do is prove that restaurant used the products affected by the recall. You may even join with others affected to file a class action lawsuit.

Consider Suing For Product Liability

Besides negligence, you may sue under strict product liability laws. Restaurants are responsible for making sure the food they purchase or produce is safe to eat. If the food is unreasonably safe, you may sue each individual down the chain of distribution. Because you do not have to show a lack of reasonable care, this approach is easier.

Sue For A Breach Of Warranty

Another way you can sue a restaurant for food poisoning is over a breach of warranty. Restaurant products come with an implied warranty in which there are basic expectations such as the idea that the restaurant would not serve contaminated food. This lawsuit also follows the food through the chain of distribution.

Know The Statute Of Limitations

Not only do you need to hurry to avoid losing evidence, but you must also hurry to prevent the statute of limitations running out. For South Carolina, you have three years to sue.

If you need legal consultation, Dean Law Firm LLC can help. Our top priority is to make sure that you receive medical care and we will work hard to seek a settlement while you are recovering.

Waiting and Retroactive Periods for Workers' Compensation

Wed, 11 Apr 2018 16:00:00 GMT

If you become ill or are injured on your job, your illness or injury may be covered by your employer's workers’ compensation insurance. One of the benefits you will receive is an indemnity payment for your lost wages for the time you are out of work. Unfortunately, you will not start receiving these benefits immediately because the law dictates a waiting period.

Learn about the waiting period and the retroactive period so that you can better understand the benefits you are entitled to receive.

What Is a Waiting Period?

When you initially file a claim for workers' compensation benefits, the doctor may state that they anticipate you being out of work for a period of time. Although workers' compensation will pay you 66 2/3% of your income during the period you are out of work, there is a waiting period to receive these benefits.

Waiting periods vary from state to state. In South Carolina, you must be out of work for at least seven days before you are eligible for workers' compensation for your lost wages.

If you are out of work for less than seven days, then you will not receive your lost wages from workers' comp. You will be eligible to receive this benefit beginning on your eighth day.

During a waiting period, most employers will allow you to take your sick or vacation time. You may have to go without pay if you do not have any paid time off on the books. The type of time you are allowed to use varies from employer to employer.

Waiting periods are designed to keep workers with minor injuries from filing claims. Having to use seven days of an employee's own time often outweighs any benefits that a minor claim will produce. It also reduces the cost of the claim by reducing the amount of paperwork that an adjuster has to do for claims that are short in duration.

What Is a Retroactive Period?

Your waiting days are not lost. You need to view them as an investment you are making, as you may ultimately get compensation for these days.

In South Carolina, if you are out of work for more than 14 days, including your 7 waiting period days, you are then entitled to be paid for the initial seven days you waited. This is referred to as your retroactive period.

Here are a couple of examples:

Example #1: You are able to return to work after 12 days. In this case, you would receive an indemnity payment for 5 days of pay, but you would not be eligible to receive any compensation for the 7 days of the waiting period.
Example #2: You are able to return to work after 21 days. In this case, you would receive an indemnity payment for the 14 days that exceeded your waiting period in addition to a payment for the 7 days of your waiting period.
Example #3: If you are out of work indefinitely, your indemnity payment begins on the eighth day and you are eligible to be paid for your first 7 days once you have been out of work for 14 days.

Workers' compensation benefits can be confusing even for the most knowledgeable person. Incorrect interpretations by your workers' compensation administrators can affect the outcome of your claim.

If you are in the midst of a workers' compensation case and you feel you are being treated unfairly, you need to have an experienced and knowledgeable attorney on your side. Dean Law Firm LLC is here to help you. We will be glad to review your case and assist you in receiving the compensation you deserve. Give us a call today.

Social Security Disability: What to Know Before Filing a Claim

Mon, 12 Feb 2018 16:00:00 GMT

More than 37 million Americans are disabled, and just about half become disabled before retirement age. If you become unable to work due to a disability, you may qualify for financial benefits through the Social Security Disability program. Before filing a disability claim, here's what you should know.

You Must Have a Serious Impairment

Having a mild condition isn't enough to qualify for social security benefits. For the Social Security Administration to approve you, you must have a condition that seriously impairs your ability to work.

A serious impairment is one that prevents you from doing even the most sedentary of work — that is, work where you are sitting down. If you're able to perform even the most basic sedentary work, you won't qualify for social security benefits.

Your Condition Must Qualify As a Disability

The Social Security Administration has a strict definition of disability. You're not considered disabled based solely on the fact that your doctor says you're disabled. In order to be approved for social security benefits, you must have a condition that qualifies as a disability based on the list of disabling conditions the SSA maintains.

The list describes impairments based on each body system, and each of these impairments is severe enough to prevent you from participating in any meaningful amount of work activities. The SSA uses this criteria to evaluate your claim. The conditions on the listing are severe and many are permanent.

The SSA will evaluate your condition based on strict medical criteria to determine whether you qualify as disabled.

Your Condition Must Be Long Term

Having a short-term disability disqualifies you for social security benefit. To qualify for social security benefits, your condition must be expected to last a minimum of 12 months, or you must have had the condition for at least 12 months by the time you apply.

You may qualify for temporary disability if you have a short-term condition that prevents you from participating in work activities. The state of South Carolina does not participate in short-term disability benefits. However, some employers offer temporary disability insurance.

Check with your employer to find out if they offer short-term disability and to find out whether you're covered. If you are, you can apply through your employer to receive temporary benefits.

You Must Have Earned Enough Credits

To qualify for social security disability, you must have worked for a company that participates in the social security program. This involves paying into the social security system. Each time you're paid through your employer, a certain amount is withheld and goes toward the social security program.

You'll see this listed under your list of deductions when you get your employment check.

In addition, you'll need to earn enough credits. This means you have to work long enough to qualify for social security benefits. For example, if you become disabled before the age of 38, you must have worked a minimum of four years to qualify for social security benefits.

Must Have Worked Recently

If you worked in the past but haven't worked in recent years, you may not qualify for disability benefits. This is because the SSA requires you to meet minimum requirements for recent work in order to qualify for benefits.

Recent work requirements are based on the age you were when your disability began. For example, if you become disabled in or before the three-month period before you turn 24, you'll need to have worked at least 1.5 years of the 3 years prior to the beginning of your disability.

Dealing with a disability is never easy. If you've become disabled and are unable to work, contact Dean Law Firm LLC to find out if you qualify for social security disability benefits.

Injured in Jail? Answers to Your 4 Most Pressing Questions

Tue, 12 Dec 2017 16:00:00 GMT

"Innocent until proven guilty" is one of the most common — and most important — adages of the American legal system. If you're on trial, the burden of proof is on the prosecution to prove beyond all reasonable doubt that you should have certain civil liberties taken away to protect the general public.

Of course, even if you were convicted and sent to prison, you would still retain some of the most crucial rights — such as the right to life and the right to proper medical care and treatment. Unfortunately, some members of law enforcement may act in a negligent way while they have you in custody, resulting in a personal injury that negatively impacts the rest of your life.

If you were injured or harmed while in jail, you have rights — including the right to legal recourse to pursue damages that cover the harm you endured. Below, we'll answer some of the most important questions you might have about how to proceed if you've experienced a personal injury while in jail.

1. Do I Really Have Rights in Jail?

The answer to this question is an emphatic yes. While you're in jail, whether you're just there overnight or you're being held without bail prior to your trial, you have the Eighth Amendment right to freedom from cruel and unusual punishment. If your experiences in jail could be described as "cruel and unusual," then you absolutely have the right to sue.

2. Who Do I Hold Accountable for My Injuries?

According to Section 1983 of the Civil Rights Act, you are allowed to hold members of local and even state governments accountable for your injuries. However, if you file a Section 1983 suit, you're prohibited from suing the federal government for financial compensation that covers that cost of your injuries.

You can also file a suit using a legal action called a Bevins action, a name that stems from a lawsuit brought by an inmate in 1971. However, a Supreme Court ruling from 2012 established that if you're injured in jail or prison and file using a Bevins action, you do not have the right to sue the owners or employees of private prisons — even though you can sue federal employees who work at federal prisons.

3. How Do I Demonstrate the Jail Acted Negligently?

The rule about the court presuming the defendant innocent until proven guilty goes both ways. If you're suing someone who acted negligently, the burden of proof is on you and your legal counsel to demonstrate that the other person's negligence directly caused your accident and injuries.

As with any personal injury case, it's crucial for you to gather as much evidence and documentation about what happened as possible. Keep copies of all of your medical records, write down as much as you can remember about what happened to you when you were injured and get contact information from any witnesses who can testify about what happened.

Your attorney can work with you to gather the evidence you need to demonstrate that a jail employee caused you grievous harm.

4. Should I Hire an Attorney if I Was Injured in Jail?

Most personal injury lawsuits are quite complicated and difficult for a layperson to fight their way through. Unfortunately, personal injury lawsuits regarding jail injuries are even more complicated than the typical personal injury case.

For instance, along with proving that a jailer acted negligently, you may have to deal with the (conscious or unconscious) biases of the people you're suing, who may believe their actions were justifiable simply because you were jailed. To create a better chance of success, work with a qualified lawyer who has experience with the complicated nature of jail-related personal injury suits.

If you live in the Orangeburg area, get in touch with Dean Law Firm LLC . We're happy to work with clients who have experienced a devastating personal injury in jail so we can help them fight for the financial compensation they're entitled to.

3 Things You Need to Prove Nursing Home Abuse or Neglect

Wed, 11 Oct 2017 16:00:00 GMT

A person who has suffered nursing home abuse and neglect, or their family, deserves compensation.

However, suing can be more difficult than you might expect. Nursing home residents are typically there because they have medical problems, and those medical problems can muddy the waters. The nursing home may claim that your loved one's condition is a result of their medical condition and not a sign of abuse or neglect.

Take a look at some ways that you can refute that claim in court.

Witness Depositions

Simply asking the right questions of the right people can reveal whether or not your loved one was receiving the quality of care that they should have been receiving. Your lawyer will need to take depositions from nursing home staff and others who may have knowledge of your loved one's condition and treatment while they were in the nursing home.

While you may expect that the nurses, aides and administrators at the nursing home will be deposed as witnesses, there may be some people who should be deposed that you hadn't thought of. For example, other nursing home residents can be valuable witnesses.

Many nursing home residents have only semi-private rooms, so there's a good chance your loved one has a roommate. If that roommate is alert and oriented, they could be a valuable source of information about your loved one's treatment. Other nursing home residents who may have interacted with your loved one in dining rooms or other common areas can also be deposed.

Medical Testimony and Records

If you suspect abuse or neglect, it's important to make sure that you get your loved one to a hospital or their own physician for an examination, and make sure that you get copies of the records for your files. Medical records and expert testimony from a doctor unconnected with the nursing home can also prove your case for abuse or neglect.

For example, one type of neglect is failing to properly feed and hydrate the patient. Dehydration, in particular, can cause serious medical problems or result in death, and many nursing home residents are unable to get their own food and drinks. Even if food and beverages are delivered, the resident may need to be fed.

A doctor can tell whether your loved one is dehydrated, or whether their condition has another cause. Blood and urine tests can reveal dehydration. These test results can later be used in court, along with testimony from the doctor.

Photographic Evidence

Finally, it's important to get photographic evidence of neglect or abuse when possible. Physical signs of neglect and abuse, like bedsores and bruises, can heal long before a case ever gets into court, so it's important to have a record of them.

Make sure that you have your own pictures of these types of marks, even if the nursing home staff photographs them as well. That way, the nursing home won't be able to claim that the pictures were lost when the case goes to court-you'll have your own pictures to submit as well.

It's not uncommon for nursing homes to have rules about taking pictures in the nursing home, but these are primarily for the protection of other residents that may not want their pictures to be taken. You should be within your rights to take a picture of your own loved one with their permission or with the permission of the person acting as their power of attorney. Don't allow the nursing home staff to prevent you from taking pictures of bruises, bedsores or other physical signs of abuse or neglect.

An experienced attorney can help you find evidence of neglect and abuse and advise you about what to do with evidence that you've already collected. If you suspect that a loved one is being neglected or abused in a nursing home, seek out legal help without delay.

Important Tips for Filing a Workers’ Compensation Claim

Wed, 16 Aug 2017 16:00:00 GMT

If you have been injured due to an accident at work, you are entitled to compensation for medical bills and any wages lost during your recovery time. It can be stressful when you have to deal with a serious injury and when you’re not sure when or if you are going to receive the compensation you need. Which is why it is important to take the proper steps to ensure that you will be taken care of.

Keep these tips in mind as you file your workers’ compensation claim. If you follow these steps, the chances of having your claim approved and receiving the right amount of compensation will be much higher.

Report Your Injury

The very first thing you must do after suffering an injury at work is inform your employer. Once you are injured or discover your injury, you have 90 days to notify your place of employment. However, this 90-day window is intended for injuries that might not manifest themselves right away.

To make sure you are eligible for compensation, it is best to report any kind of accident or injury as soon as it occurs, even if you don’t notice any serious side-effects. If you wait to report your injury or don’t say anything to your employer, it will be hard to prove that the injury was a result of something that happened at work.

Most workplaces will have a form that you can fill out to report the injury, but even if they don’t, you should write it down or email some kind of notice to your employer.

Seek Medical Attention

If you have suffered a workplace injury, you should also seek immediate medical attention, even if the accident didn’t seem that bad. Detailed medical documentation is crucial to a workers’ compensation claim. A doctor will not only diagnose your injuries and prescribe the proper treatment but will also make sure there are thorough records of your injuries and how they occurred.

If a medical professional can verify that the injuries you suffered came from something at work, your claim for workers’ compensation will be much stronger. However, if records show that you didn’t visit the doctor until a few weeks after the injury occurred, it will be easier to cast doubt on whether or not you actually suffered a serious injury at work.

Be sure to visit a doctor right away and walk them through the accident exactly how it occurred. You must also show up to every doctor’s appointment because, if you don’t, it will look like you don’t take your injury or treatment seriously—and neither will the insurance company.

Hire an Attorney

Hiring a lawyer that specializes in workers’ compensation cases is one of the most important steps to take when filing a claim. An attorney will be able to assess your case and provide you with the advice to get through it.

Workers’ compensation attorneys also have experience going up against insurance companies and large corporations, so you won’t have to worry about dealing with them on your own. It is helpful and comforting to have a lawyer to back you up and keep your interests in mind as you file your workers’ compensation claim.

After a workplace injury, act quickly by reporting the injury and going to the doctor, then hire an experienced attorney to help you. The process of filing a claim becomes a lot easier when you have someone with the right knowledge and experience to guide you through it.

If you need help filing a workers’ compensation claim, or you have questions about a workers’ compensation case, contact Dean Law Firm. Our qualified attorneys specialize in personal injury, workers’ compensation and Social Security disability cases.

Benefits of Hiring a Personal Injury Attorney

Wed, 31 May 2017 16:00:00 GMT

If you’ve been hurt in an accident, you may be eligible for monetary compensation. Hiring a lawyer who specializes in personal injury claims can greatly increase your chances of getting the restitution you deserve.

Strong Representation

Insurance companies often use aggressive tactics to avoid paying injured people. An experienced personal injury attorney understands what to expect and will not feel pressured to give in to intimidation during negotiations.

Cut Through Red Tape

Filing an injury claim involves a lot of tedious paperwork, confusing medical jargon, and complex legal proceedings. A knowledgeable attorney will help you navigate this process.

Settlements and Verdicts

A personal injury lawyer will negotiate on your behalf to settle the case so you can receive payment without the case going to trial. In the event that it does go to trial, you will have a legal expert on your side to help you get the best possible verdict.

Dealing with the aftermath of an accident can be a complicated, overwhelming experience, but you don’t have to face it alone. Contact Dean Law Firm today to schedule a free consultation with an experienced personal injury attorney.