Workers Comp: What if I can’t return to work?

What happens if I can’t return to work?

A common question we get is “What happens if I cannot return to work due to my work injury.”  The fear of not being able to return to work is a real concern if you have been involved in a work related injury.  Often we counsel with people who have given their best years to an employer only to end up with a debilitating injury caused by their work.  Like any hard working individual, they are concerned with their ability to recover and get back to work as quickly as possible.  Unfortunately, many individuals suffer injuries so bad that they are no longer able to meet the work requirements of their job.  Sometimes these injured workers are ill informed that their injury is limited to a recovery solely based on the injured body part.  The insurance company, or its attorney, will try to hurriedly rush an injured worker into a settlement that neither represents the fully injured body part or takes into account their inability to return back to work.  Many injured workers will reluctantly accept a quick settlement only to find out they don’t have a job to be able to return to and can’t support their family.

Fortunately, the South Carolina Workers Compensation Laws provide a mechanism where injured workers can receive an award to address their inability to return to their job instead of just the injured body part.  To be eligible for wage loss the worker must be able to demonstrate they meet the necessary elements of a wage loss claim.  If left to handle these complicated issues by themselves, injured workers may end up without the benefit of the law, or worse miss the requirements to be eligible for wage loss recovery.  At the Goings Law Firm we routinely assist injured workers to determine if they may be eligible for a wage loss recovery.   To determine if you need help with a workers’ compensation injury contact Attorney and Workers’ Compensation Managing Partner Christian E. Boesl with the Goings Law Firm.  Let us help you get the medical treatment you deserve to back to work, or get the money you are entitled to receive if you are unable to return to your job.


Drivers in Columbia SC are Speeders, 2018 Study Shows

We find that car collision are often caused by drivers who are breaking the speed limit or driving too fast for conditions.  Unfortunately, there are a lot of car accidents in Columbia, South Carolina, and a new study may explain why–  Columbia drivers are heavy-footed Speeders!

A new study ranks drivers in Columbia, South Carolina as among the fastest drivers in the United States.  Columbia ranked 6th in the top 25, with drivers who break the speed limit.  Charleston ranked 9th and Greenville, SC ranked 11th in the study.  The study was published by QuoteWizard, an online insurance comparison website.  QuoteWizard analyzed self-reported data from users on driving infractions, which includes speeding tickets. These rankings are based on over one million data points on speeding infractions from 2017. Cities ranked ‘speediest’ have the highest rate of speeding tickets per driver.  A more detailed look at the study can be found here:  more detailed looks at the fastest specific markets is available here: https://quotewizard.com/news/posts/fastest-driving-cities-2018

From faster to slower, these are the top 25 fastest driving cities in the US:

1. Wichita
2. Omaha
3. Boise
4. Portland
5. Richmond
6. Columbia, SC
7. Salt Lake City
8. Minneapolis
9. Charleston, SC
10. Virginia Beach
11. Greenville, SC
12. Charlotte
13. Durham
14. Columbus
15. Kansas City
16. Bay Area
17. Riverside

Our thoughts and prayers are with Rep. Katie Arrington – fatal collision in Charleston

Our thoughts and prayers are with Rep. Katie Arrington, and the family of the deceased driver in a fatal collision that occurred in Charleston County on Friday night, June 22, 2018

Katie Arrington, a representative in the State House for the Lowcountry and a U.S. congressional candidate, was seriously injured in a fatal car wreck Friday night.   The driver of the vehicle that collided with Arrington’s car was killed on the scene, according to Mount Pleasant’s WCBD.  Reportedly, the collision occurred when the driver that was killed was driving on the wrong side of the road, striking Arrington.

Arrington won the Republican primary for the House of Representative (1st District) seat, defeating incumbent Mark Sanford.  She was traveling with a friend on U.S. Highway 17 when a driver traveling in the wrong lane collided with the vehicle Arrington was in.

Arrington “sustained a fracture in her back and several broken ribs, as well as injuries that required Katie to undergo major surgery including the removal of a portion of her small intestine and a portion of her colon,” according to a statement released Saturday morning via her Twitter account. She is expected to remain in the hospital for at least two weeks, according to the statement, which read:

“Last night, Katie Arrington and her friend were traveling to Hilton Head, where Katie was scheduled to receive an award from a state medical organization this morning. Katie was the passenger in the car traveling southbound on Highway 17, when a vehicle traveling in the wrong direction — northbound in the southbound lanes of Highway 17 — struck the vehicle containing Katie and her friend. Katie sustained a fracture in her back and several broken ribs, as well as injuries that required Katie to undergo major surgery including the removal of a portion of her small intestine and a portion of her colon. Additionally, the main artery in her legs has a partial collapse and will require a (stent). Additional surgeries will be required including one likely today; and it is likely that Katie will remain hospitalized for the next two weeks.  As we all know, Katie Arrington is an extremely strong woman and has tremendous faith and an incredibly supportive family. And it is from her strong faith, the support of her family, the prayers and support of our community, and the incredible doctors and staff at the hospital that she is certain she will be back to work for our state soon. As her family asked last night, Katie asks for your continued prayers for the deceased and the deceased’s family, as well as prayers for a quick recovery for Katie and her friend.”


Indiana man was tragically killed when a tractor trailer struck the construction lift he was operating on I-77 in Columbia, South Carolina

Photo of Tractor Trailer Truck

On Wednesday morning June 20, 2018, a 40-year-old Indiana man was tragically killed when a tractor trailer struck the construction lift he was operating on I-77 South in Columbia.  The crash happened just after 5 a.m. on I-77 South near the Blythewood Road exit, according to the S.C. Highway Patrol.

The collision involved a tractor-trailer and a piece of construction lift equipment, according to Lance Cpl. David Jones of the Highway Patrol. The tractor-trailer was traveling south on I-77 when it hit the construction equipment, which was moving in the southbound lanes, Jones said.  It was reported that the driver of the construction equipment was trying to cross from the median to the shoulder of the road, Jones said. When he was hit by the truck, he was thrown from the bucket of his equipment and killed.

Officials have identified the worker killed in an accident on I-77 as Nathaniel B. Deaton, 40, of Martinsburg, Indiana. Deaton was pronounced dead at the scene. An autopsy indicated the cause of death to be blunt force injuries suffered in the collision, says Richland County coroner Gary Watts.

I-77 South in Columbia was closed for more than 6 hours following the accident as S.C. Highway Patrol investigators reconstructed the scene. WLTX News 19 in Columbia spoke with Trooper David Jones who wants to share a reminder with drivers on the road. He says, “Make sure you limit your distractions. Slow down in construction zones, make sure you put your cell phone down and pay attention to your surroundings because again a lot of times these are active work zones.”

Tragic collision on the interstates are preventable if drivers are exercising care and not distracted while driving.  It’s important to slow down in construction zones and be mindful of workers that are making our roadways safer.  If you are a loved one has been injured or tragically killed in a collision in South Carolina, please contact the Goings Law Firm at (803) 350-9230 today to learn about your rights.


Amtrak blames freight train company CSX for deadly South Carolina crash

Amtrak blamed a freight rail operator, CSX Corporation, for causing a crash on Sunday that killed two people and injured more than 100 others when one of its passenger trains was diverted onto a side track and slammed into a parked, unmanned freight train in South Carolina.

In the U.S. passenger rail operator’s third fatal crash in as many months, Amtrak Train 91, carrying nine crew members and 136 passengers, was traveling from New York to Miami when it hit the CSX Corp freight train that was stopped on a side track, or siding, at about 2:35 a.m.

Amtrak President and Chief Executive Richard Anderson said CSX was responsible for the tracks and signals, including one that had a lock attached to it and diverted the Amtrak train onto the side track.

“CSX had lined and padlocked the switch off the mainline to the siding, causing the collision,” he said in a statement.

CSX did not address the comments by the Amtrak CEO but said it was working with federal investigators. Both Amtrak and CSX offered their condolences to the families of the two people who died.

Robert Sumwalt, chairman of the U.S. National Transportation Board, told a news conference the section of track was operated by CSX and there was a padlock on the switch that steered train traffic onto the siding.

“Key to this investigation is learning why the switch was lined that way,” he said, calling the damage to the locomotives “catastrophic.” An NTSB investigation team was at the site.

Amtrak engineer Michael Kempf, 54, of Savannah, Georgia, and conductor Michael Cella, 36, of Orange Park, Florida, were killed, Lexington County Coroner Margaret Fisher told reporters. Autopsies were being conducted, she said.

Two of the 116 people injured were in critical condition after the wreck, which occurred about 5 miles (8 km) southwest of the state capital, Columbia.

“It’s a horrible thing to see, to understand what force was involved,” South Carolina Governor Henry McMaster told reporters. “The first engine of the freight train was torn up, and the single engine of the passenger train is barely recognizable.”

Anderson said the passenger train hit the tail end of the CSX train. That train had two locomotives and 34 empty auto racks used to transport cars, the NTSB said.

The passenger train’s locomotive was left lying on its side, and the first car was bent and also derailed, although it remained upright, images from the scene showed.

At least four of the freight train’s cars were crumpled, looking like crushed tinfoil, but remained on the tracks.

The passenger train was part of Amtrak’s Silver Star Service. Officials said some 5,000 gallons of fuel leaked as a result of the collision but that there was no threat to public safety.

If you or a loved one was injured in the Amtrak / CSX train collision in Columbia, South Carolina, please contact the Goings Law Firm immediately to learn about your legal rights.  Trust a South Carolina law firm with the reputation and experience of recovering millions of dollars for its injuries clients.


The Train Collision In Columbia Was Preventable

The train collision that occurred in Columbia on Feburary 4, 2018 was preventable.  It seems like negligent conduct is to blame for this tragic event

A train switch that was apparently locked in the wrong position is being blamed by federal investigators for a train collision early Sunday that killed two people and injured up to 116 others near Cayce.

Robert Sumwalt, chairman of the National Transportation Safety Board, said Sunday afternoon that there’s no evidence of foul play, although the FBI is assisting in the investigation.

Sumwalt said the accident could have been avoided if a federal safety system, under consideration for years, had been in place. The system is supposed to slow down trains when a problem lies ahead on a track. He called the damage to the trains “catastrophic.’’

Sumwalt made his remarks after an Amtrak train slammed into a stationary CSX freight train at 2:35 a.m. in Lexington County. An NTSB official declined to say if the accident was the fault of CSX, but noted that CSX is responsible for maintaining proper track position. CSX is the owner of the track but Amtrak uses the line.

If you or a loved one were injured in this train accident, call us today for a free consultation. We are Real Lawyers in Columbia. 803-350-9230


COLUMBIA SOUTH CAROLINA TRAIN ACCIDENT LAWYER

COLUMBIA SOUTH CAROLINA TRAIN ACCIDENT LAWYER

The Goings Law Firm are South Carolina lawyers that represent victims hurt in train collisions.

Statistics from the National Transportation Safety Administration (NTSB) suggests that a train wreck or train crash occurs every 2 hours in the United States. There are approximately 3,000 train wreck and crashes per year in the United States. Trains are still used to move products and materials throughout South Carolina but when train wrecks happen, the results are usually catastrophic.  Many factors result in the train accident being more serious because of the speed of the train, the weight of the train and the stopping distance for a train. Train wrecks happen for many reasons but some of the more common are:

  • The train conductor falls asleep or fails to properly operate the train
  • Improper communication between trains, and train conductors and engineers
  • There is a collision with another train
  • A derailment occurs
  • A collision with a car or bus
  • There is a train mechanical failure that leads to an accident
  • The train tracks are too old or improperly serviced or maintained

Since there are many factors that lead to a train wreck, there are many people who can be held responsible for your injury, loss of income, or pain and suffering. While it’s the responsibility of the railroad company to maintain the tracks and the train you ride, truck and car drivers also have the responsibility of following the laws and not attempting to cut across the tracks after the crossbars have been lowered.

If you or a loved one has been injured or killed as a result of a train accident, contact the Goings Law Firm today for a free consultation.  We have the experience to get you the result that you deserve.  Call us today at 803-359-9230


Columbia Cayce South Carolina Train Accident Attorneys – Train Collision on February 4, 2018

Amtrak, CSX train collision in South Carolina leaves 2 dead, 115+ injured

On Sunday morning, February 4, 2018, two people were killed in a crash involving a freight train and an Amtrak passenger train early Sunday in Columbia South Carolina, as the trains were traveling through the town of Cayce.

Amtrak Train 91 was traveling between New York and Miami with 147 people aboard when it collided with a CSX freight train in Cayce. At least 115 people were injured and transported to local hospitals, Lexington County spokesman Harrison Cahill said. Injuries ranged from scratches to broken bones.

The crash occurred at about 2:35 a.m., derailing the lead engine and some passenger cars, Amtrak said in a statement. About 5,000 gallons of fuel were spilled, authorities estimated, but Cahill said there was “no threat to the public at the time.”
The National Transportation Safety Board (NTSB) has launched an investigation. Robert Sumwalt, the NTSB chairman, told CNN that an NTSB team will arrive in South Carolina Sunday morning to begin the investigation, which should take 12 to 18 months.
Investigators will hold a press conference Sunday afternoon, Sumwalt said.
Amtrak said in a statement the train’s lead engine derailed, as did some passenger cars that was carrying eight crew members and approximately 139 passengers on board. TV footage from the crash scene showed the aftermath of the collision, with the Amtrak engine on its side and its front crumpled.
If you or a loved one was injured as a results of this collision, please contact the Goings Law Firm, LLC today at (803) 350-9230. We have experience in handling significant personal injury cases in Columbia, South Carolina.

Have you been involved in a truck accident in South Carolina?


An experienced trucking accident attorney must be consulted following a collision that results in serious injuries. Negligent and reckless truck drivers are a threat on South Carolina’s highway, particularly on the Interstates. Large trucks commonly haul heavy loads, the drivers are distracted, and the trucking companies force its drivers to complete demanding trips across the United States. The most common causes of trucking collisions are the following:

  • Distracted driving
  • Using the Phone While Driving
  • Driver fatigue
  • Lack of driver training
  • Unsecured cargo
  • Improper maintenance
  • Improper trailer connection
  • Speeding
  • Overloaded cargo
  • Drug/alcohol abuse
  • Failure to maintain proper distance

While distraction and fatigue top the list, there is a growing pattern of truck drivers operating their vehicle under the influence of drugs, especially drugs to assist in keeping drivers awake on the road such as methamphetaimes.

What to Do If You Were Involved in a Collision with a Truck or Commercial Vehicle?

Large medical bills, lost wages, loss of earning potential, surgeries, disability, permanent impairment—- this can be the reality following a trucking accident that involves a large commercial vehicle. In order to recover for your injuries, the law requires proof that the truck driver was negligent or careless in the operation and that a reasonable person would not have caused the collision. The negligence can also be rooted in improper maintenance, inadequate training, or a failure to monitor drug use, or failure to comply with customary safety standards. It is important that you contact an experience trucking accident attorney if you were involved in a collision with a truck or a large commercial vehicle.

The Goings Law Firm, LLC is dedicated to improving the safety of South Carolina’s highways and ensuring that victims of trucking accidents are reasonably compensated for their injuries. If you or a loved one has been seriously injured by the a 18 wheeler, large truck, or a commercial vehicle, you need to contact the Goings Law Firm, LLC today at (803) 350-9230 for a free and confidential consultation. Attorney Robert Goings was voted the best in Columbia– the 2017 “Top Personal Injury Attorney” in Columbia, South Carolina by the Columbia Business Monthly. Let us put our experience to work for you today!


Drunk Driver Kills Man from Cayce, SC

Authorities have reported that 75-year-old Roger Wayne Johnson of Cayce, South Carolina was killed in a car crash in Lexington on Thursday night. They believe Nicole Marie Wilson, the driver of the other vehicle involved in the accident, was driving while drunk and failed to stop at a red light, causing her vehicle to crash into Johnson’s. Wilson has been arrested and charged.

The personal injury attorneys at the Goings Law Firm, LLC have experience in bringing claims against drunk drivers and the bars who over-serve them. If you or a loved one have suffered injury or even wrongful death at the hands of a drunk driver, the Goings Law Firm, LLC may be able to help. Contact us at (803) 350-9230.


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