Are individuals employed in South Carolina that suffer repetitive trauma injuries entitled to workers’ compensation? Goodness knows the insurance company that represents your employer will do everything in their power to deny claims for workers’ compensation benefits whenever they can. They consider it their job. Repetitive trauma injuries are no exception. In fact, repetitive trauma injuries are almost always an open invitation for your employer’s insurance company to put up a fight. They may argue that the injury was existing or is not job-related.
It takes time for repetitive trauma injuries to occur. Rather than being caused by a specific, single event, they develop gradually, resulting from pressure, strain, or repetitive motion on a particular part of your body.
The good news here is that they are covered under South Carolina workers’ compensation.
As just explained, this type of injury isn’t something that happens suddenly and abruptly. It happens over time. These injuries may also be referred to as repetitive stress injuries. Primarily affecting the muscles, ligaments, tendons (soft tissues), and nerves, they include a large group of conditions. Included among repetitive trauma injuries can be the following:
If you feel that you have experienced or are experiencing a repetitive trauma injury, you may be entitled to workers’ compensation. As stated above, however, the insurance company is going to make sure that every “T” is crossed and every “i” is dotted, and then some. To prove that your injury/condition is work-related, testimony from a qualified physician must be presented. He/she must say that your job duties caused the injury. Materials such as records, documents, etc. will be used/required to prove to a reasonable degree of medical certainty that your repetitive trauma injury is related to your professional work duties.
Within 90 days of the date upon which you discovered the injury or condition, you must give notice of the condition or injury to your employee, in order to file a claim for repetitive trauma properly. This may not occur until after a doctor has officially diagnosed your condition, however. People experience sore muscles all the time. Once you’ve been diagnosed, however, it’s time to file the proper paperwork and give verbal notification, as well.
As with most things associated with the government and regulations, there are exceptions, extensions, statutes of limitations, and further stipulations/standards by which injury cases can be considered or reconsidered. Yet another reason why an experienced workers’ compensation attorney is necessary if you have experienced a repetitive trauma injury.
If you want to file a workers’ compensation claim, if you are unsure about any aspect of a work-related injury, if you need help with the paperwork required in order to file a workers’ compensation claim, or if you’ve been denied workers’ compensation benefits by your employer, you need an attorney. Fortunately, Cardinal Law Partners handles workers compensation cases every day. In addition to being experienced, we are knowledgeable, reputable, and dedicated to fighting for the rights of our clients. Don’t leave something like this to chance! You need assistance!
To discuss the details of any occupational compensation you may be entitled to, contact us for a free consultation.