If you have worked in the same profession for several years, you might have encountered pain resulting from repetitive trauma and stress. As an example, continuous hand and wrist movements of the same nature can lead to wear and tear of tendons, joints, and muscles. These are painful injuries that can be debilitating. This repetitive motion and stress can cause serious damage that leads to pain and the inability to function as you once did. However, workers’ compensation laws vary from state to state, so in some states, repetitive trauma injuries might not have the same coverage or protection as they would in other states. Of course, repetitive trauma happens over time, and therefore, it is more difficult to prove when and how the injury occurred.

What is Considered a Repetitive Trauma Injury?

As previously mentioned, a single, specific event does not cause repetitive trauma injuries. Instead, the injury happens over time as the result of repetitive motion, strain, and pressure on a particular body part such as the wrist, the ankle, the knee, or the elbow. Pursuant to SC Code Ann. 42-1-172, repetitive trauma injuries can be covered by workers’ compensation. According to state law, an injury that has a gradual onset and that results from the cumulative effects of events that are traumatic is considered a repetitive trauma injury. The only reason that such an injury is not deemed a compensable injury resulting from repetitive trauma is that the Workers Compensation Commissioner uncovers information through a specific fact-finding effort that reveals that there is evidence showing that there is no connection established by the medical evidence between repetitive activities that happened while the employee was performing his regular employment duties and the injury that resulted. 

Find out if you should file a workers’ compensation claim by contacting Dan Pruitt Injury Lawyer.

In order to meet the qualifications for an injury to be covered by workers’ comp, the medical evidence that is provided must be presented through testimony or expert opinion that shows to a reasonable degree that the injury was work-related. Evidence can be provided through documents, records, and material provided by a qualified, licensed medical physician and that show to a reasonable degree of medical certainty how the injury occurred can be submitted to help in proving that an injury is indeed eligible for workers’ comp benefits. Basically, a licensed physician must state without a doubt that the injuries were sustained during the course of the individuals work day and while performing the assigned work duties. So, if you have suffered carpal tunnel or a similar injury from your job duties in Greenville, SC you might be eligible to claim workers’ compensation benefits.

What Are Some Common Workplace Repetitive Trauma and Stress Injuries in Greenville, SC?

There are different repetitive trauma and stress injuries that can be suffered from Greenville, SC work duties. Studies show that the number of workers suffering from repetitive stress injuries or disorders has increased significantly. The increased use of computers and technology in the workplace are being credited for the increased number of traumatic injuries. About 60% of work-related injuries are repetitive trauma. One out of every eight Americans is diagnosed with a repetitive stress injury at some time or another during his or her life. There are several different injuries that can result from work-related duties.

One of the most common repetitive trauma injuries is carpal tunnel syndrome. Any job hazard can cause carpal tunnel syndrome. Examples of work duties that can lead to carpal tunnel syndrome include using tools such as screwdrivers or hammers or typing and using a computer. The condition can lead to permanent and debilitating pain in your arms, wrists, and/or hands. Repetitive trauma can also lead to leg, neck, and back injuries and pain depending on the specific job duty requirements. It is imperative to get the proper treatment for your repetitive trauma injury, or the trauma might become permanent and irreversible.

There are several different work-related activities that lend themselves to repetitive stress injuries. Some of the professions that lead to repetitive stress injuries include assembly line jobs, sanding, painting, polishing, sawing, hammering, setting, cutting, writing, stocking shelves, packing, climbing, playing musical instruments, administrative tasks, secretarial duties, pipe setting, driving, packing, bending, massing, mechanic duties, or working construction.

What Are the Deadlines for Filing Workers’ Compensation Claims in Greenville, SC?

To file a timely South Carolina workers’ comp claim for repetitive trauma, you must provide your employer with notice of the injury or condition within 90 days of the injury being discovered or when it would have been discovered when exercising reasonable diligence. You will also need to show that your condition is compensable. Unless you can provide a valid reason to the commission for timely notice not being given, your claim must be filed within the specified time frame. You cannot be compensated unless the commission receives a claim within two years from the time you knew or should have known that the injury was compensable through workers’ compensation. It cannot be filed any longer than seven years after the last date of exposure to the situation that caused injury, even if you were not sure or aware of the injury stemming from your work duties. As soon as you realize you have been injured, you should consult with a Greenville workers’ compensation attorney to ensure your rights are protected.

Consult with a Workers’ Compensation Attorney in Greenville, SC

If repetitive trauma injuries from work have left you suffering, you deserve the medical attention required so you can recover. Because a repetitive trauma claim can be difficult to prove, you need an experienced attorney skilled in work injuries fighting for you. If you have suffered injuries that you believe are the result of repetitive trauma or stress from your job duties, call the office of Greenville workers’ compensation lawyer Dan Pruitt. The Dan Pruitt Injury Law Firm has helped injured workers throughout the Greenville area for more than 20 years. Offering a free case evaluation, you have nothing to lose when you call us for guidance on your work-related injury. Call (864) 280-7660 today to schedule your appointment. Remember, time is of the essence so seek help from our experienced legal team today!

Every job has its own risks. Regardless of your work duties, you can suffer an on-the-job injury that will leave you sidelined for a while. Actually, work-related injuries are rather common. Thousands of people suffer injuries while working every year. Most employers across the United States are required to maintain workers’ compensation insurance coverage for their employees. Workers’ compensation offers no-fault protection, providing medical benefits and covering a portion of lost wages while the worker recovers. The laws for workers’ comp vary from state to state. South Carolina has its own specific workers’ comp laws.

What Happens After I Get a Workplace Injury?

According to the South Carolina Workers’ Compensation Act, every employer and employee in the state is assumed to have workers’ compensation coverage. There are some exclusions to the provision, however. Railroad companies and their employees, federal employees working in South Carolina, some real estate salespeople, employees in the agricultural industry, corporate officers by-election, and employees of businesses with less than four employees are not covered per the Act. The Act states that employers who are required to maintain workers’ compensation coverage to keep adequate coverage so they can pay the required compensation in the event that a worker is injured or becomes ill. The employer must provide the Commission with proof of the ability to pay compensation that an employee is owed in such situation or proof of the proper coverage to cover the costs of such work-related incidents. The South Carolina Department of Insurance oversees workers’ compensation coverage in Greenville and the rest of South Carolina. 

Find out how you can file your workers’ compensation claim by contacting Dan Pruitt Injury Law Firm.

If you are a worker in Greenville, SC who suffers an illness or injury while working, you can expect compensation for your personal injury or illness or the loss of life resulting from employment. Workers’ compensation insurance coverage is very precise in what is covered for injured workers. It will cover the costs of necessary medical care to treat the injury, take care of a portion of the lost wages while you are recovering and unable to work, and provide compensation for any permanent disabilities and scarring or disfigurement resulting from the Greenville work-related accident.

When it comes to determining how much you will be compensated for being unable to work, South Carolina workers’ compensation laws are pretty precise. If you cannot work for longer than seven days because of your work-related injury, you are to receive compensation equal to 66 2/3% of your average weekly pay. Your pay, however, cannot exceed more than 100% of the state’s average weekly wage which the South Carolina Employment Security Commission determines every six months. If your total disability period exceeds 14 days, you can start receiving compensation backdated to the initial day of your Greenville work injury.

If the accident results in total disability or death, the state has a maximum award limit. In such cases, you can receive up to 500 weeks of your pay. Once again, the compensation rate is determined by the average wages for the worker every week, but the average weekly wage for the state cannot be exceeded. If both arms, both feet, both hands, both legs or the vision in both eyes are lost or if the accident was so severe the individual has two of those losses combined in any form, total and permanent disability is warranted per the state guidelines. Other disability determinations that are based on the impairment or losses resulting from the injuries are made by the commissioner on a case by case basis.

What Procedures Should I Follow If Injured While Working in Greenville, SC?

If you suffer an injury while on the job, it is normal to be nervous, scared and shaken. However, you need to know what protocol to follow to protect your rights and to ensure that you have everything in order to file a Greenville workers’ compensation claim so you can recover compensation for the damages and losses that you suffer. You should report the accident to your employer as quickly as possible. If you fail to notify a supervisor as quickly as possible, you could lose your benefits. The work-related injury must be reported within 90 days of the date of the accident, per the South Carolina regulations.

Any workers’ compensation claims seeking compensation must be filed within two years of the death of the worker or the date of the work accident. After an employer is notified of an injury or made aware of a work accident, a representative of the employer must inform the commission of the accident and injury within ten days. The commission is responsible for monitoring the payment of the medical expenses and the lost wages. The commission will monitor the employer or the insurance company to ensure proper protocols are followed and that the worker gets the benefits that he or she should receive.

When injured on the job, don’t delay getting medical care. Seek treatment from a medical professional right away. If you have life-threatening injuries, don’t hesitate to call 911 and get an ambulance transport. Take note of any witnesses so they can be contacted for a statement regarding what they saw. When your employer is notified of your Greenville work injury, make sure you are honest and straightforward in explaining what happened and how it happened. A no-fault program, your workers’ compensation benefits are payable even if you are partly to blame for what happened.

What If My Greenville Workers’ Compensation Claim Is Denied?

There are instances where workers are denied the workers’ compensation benefits they are entitled to receive. If you have suffered a work-related injury in Greenville and your claim has been denied, you can request a hearing. There are several valid reasons to file a petition to request a hearing before a commissioner. Some of the more common causes of hearings are caused by the employer trying to deny that the injuries were sustained during the employee’s workday or because the employer neglected to properly and promptly report the work accident and injury to the commission. Another reason to request a hearing is if the worker is not receiving the full benefits that he or she is entitled to receive after having been injured on the job. You can also ask for a hearing if you are your employer don’t reach an amicable agreement in regards to your compensation within 14 days of the employer being notified of your injury or if you have a disagreement regarding your pay being continued as you recover.

When the commissioner’s decision is not satisfactory, you can appeal the decision to the State Commission for further review. The panel will consist of anywhere from three to six commissioners and will not include the original commissioner who rendered the initial ruling. If you are still unhappy with the appellate panel’s decision, you can continue the appeals to the Court of Common Pleas and if necessary, onto the State Appellate Courts.

Consult with a Greenville Workplace Injury Lawyer to Discuss Your Case

If you suffered an injury in a work-related accident in Greenville, SC, you need to enlist the help of experienced legal representation. With more than two decades of experience helping injured workers, the Dan Pruitt Injury Law Firm has helped dozens of injured workers get the benefits that they are entitled to receive. If you have been hurt on the job, call the offices of Dan Pruitt at (864) 280-7660 today for a free initial consultation.

Getting injured on the job is probably the most agonizing experience, especially if the injury is to such a degree that you won’t be able to continue with your job. If you are an artisan, having a life-changing injury can be devastating. Luckily, South Carolina is a “no-fault” state, which is applicable to workers’ compensation claims. However, it is always advisable to hire an attorney to help with your claim.

What is Workers’ Compensation?

It is basically a type of insurance providing certain benefits to beneficiaries such as wage replacement and medical benefits. These benefits are paid out to the employees who were injured while duty or in the course of employment. It is important to understand that workplace safety is not just the responsibility of the employer.

The compensation bargain is the trade-off between assured, limited coverage and lack of recourse outside the compensation system. The compensation bargain was established to solve the problem of employers becoming insolvent due to high damage rewards. This was achieved by developing a system of collective liability.

Depending on where you are your payments will depend on the local jurisdiction. These payments usually come down to the replacement of wages, the loss of future and past income, reimbursement and the payment of medical expenses as well as benefits payable to workers that are killed during employment.

Corrective or punitive damages, as well as general damage for pain and suffering, are generally not part of workers’ compensation plans. Negligence is often not an issue when it comes to worker compensation.

Are All Workers’ Compensation Laws The Same?

In the United States, the compensation law differs from state to state, meaning that workers’ compensation claims. In most states, the compensation takes on the

If you need help with workers’ compensation claims, contact Dan Pruitt today!

form of medical care responsive to the workplace injury. If an injury occurs when the employee is on their way to or from work, the employee will not qualify for compensation. However, if your jobs demand you to be in different locations during the work day, you may be covered under the workers’ compensation benefits plan.

Luckily, there are various insurance policies available to employers to cover these unforeseen circumstances. If the employer is deemed as high risk they may be unable to get an insurance policy. However, they may qualify for an assigned-risk program. Various states offer public uninsured employer funds to pay benefits to those beneficiaries whose employers do not have proper policies or have illegal policies.

In 2010, 1.6% of all employer expenditure was for workers’ compensation. In the construction industry, this figure increased to 4.4%.

Workers’ compensation claims in South Carolina

In South Carolina, there is an umbrella law called workers’ compensation law under which all workplace injuries and occupational diseases fall for workers’ compensation claims. What the details regarding the benefits that an injured or ill worker can receive is explained in these statutes. These benefits, procedures and other legal matters must be adhered to for workers’ compensation claims to be successful.

The employers’ workers’ compensation insurance will be liable for any hospital or doctor’s expenses that the injured or ill employee might incur. These costs will only be paid if they are related to the injury or illness stemming from the incident at work. There is also a possibility for the worker to receive reimbursement for travel costs as well as the wages that are lost because of the traveling to and from doctors’ appointments.

There is a funeral expense benefit of $2 500 payable to the family of the victim. The victim’s family might also be entitled to receive death benefits. The state laws also provide for income replacement benefits while the employee recovers from their injury or illness. This type of benefits makes a big part of the claims in South Carolina. The amount and time frame for this benefit depend on the severity and duration of the injury that the employee sustained.

If the employee suffered a severe injury or illness and is unable to work for a given period, the employee is entitled to claim Temporary Total Disability Benefits (TTD). This compensation is usually available at two-thirds of the employee’s average weekly wage. There are also benefits available for workers who unable to continue with former work but can still do some work. This benefit is the Temporary Partial Disability Benefits (TPD) and pays the difference between the worker’s current reduced salary and the two-thirds of the average weekly wage that he earned prior to his injury.

Why you need a lawyer

Accidents happen. One day everything is fine at work, and the next day an accident can change your life forever. Think of a workers compensation claim as a car crash. You as a person is the car, and when you get injured or fall ill due to work you are doing, your “car” is damaged. If you are in a real accident, then obviously you would want to get your car fixed as soon as possible. You are willing to sue the other driver to get them to pay for your vehicle to be fixed. The same goes for when you are injured on the job. You are only able to make a living if you can work. Getting injured can have an adverse impact on your future. Hiring a lawyer to help you with your claim is probably the best thing you can do. They are the professionals who know the law and the process. If you and your employer have a good relationship, you might feel reluctant to hire a lawyer. Just remember that your employer’s promises and good intentions will not put food on the table or pay your bills.

The experienced workers’ compensation claims attorney

lawyers at Dan Pruitt Injury Law Firm deal with claims every day and know the arduous claim process. Our skilled attorneys will be able to tell you what you are entitled to and help you appeal a decision if your initial claim was denied. Dan Pruitt in Greenville, S.C., is experienced in compensation claims and will be able to provide you the information you need to ensure that your rights are protected.

Greenville, South Carolina, workers’ compensation benefits are there for anyone who is injured on the job. You are entitled to receive medical benefits for any healthcare treatment you may need and wage benefits to compensate a portion of your lost income. Unfortunately, there are some cases where an employee files for workers’ compensation benefits only to discover that they are denied because it is determined the worker has idiopathic injuries. What do idiopathic injuries mean and how could it affect you?

Well, to begin with, an idiopathic injury or event is one that happens without a direct cause from your work environment. It may be a pre-existing condition that causes an idiopathic event, or it may be a spontaneous event that causes an injury. Typical examples include seizures, frequently caused by epilepsy or other disorders, heart attacks and other coronary events, strokes, and knee conditions.

If your injury or medical event is determined to be idiopathic in nature, then this will impact your workers’ compensation claim. The claim could be denied. In some cases, there is nothing you can do about that, but in others, you can appeal and potentially get the benefits you need. If your work environment has anything to do with the cause of your injuries, you can get the workers’ compensation benefits to which you are entitled. So, if you have a seizure, you can’t get compensation for the medical treatment associated with the seizure or a related disorder. However, if you fall from a height while having a seizure, and you were working at the height as part of your regular employment responsibilities, then you could get coverage for any injuries that result from the fall.

The Injured Employee Has to Prove the Injury is Work-Related

One of the challenges when it comes to idiopathic injuries and events in Greenville, South Carolina, workers’

Greenville South Carolina workers’ compensation claim lawyer

compensation claims are the fact that the injured worker is tasked with the burden of proof. In the case of an EMT worker who suffered a knee injury, the case hinged on the details. Even though her claim was approved when she filed, her employer decided to appeal the decision, believing that her injury was not actually related to work. This was a case that could have ended up in favor of the worker, but it didn’t. She tried to establish a work-related cause for her injury by stating that her knee gave out because she stood up when her supervisor asked to use the desk where she normally sits.

It has been argued that if she had stood and rushed to respond to an alarm, then she may have been able to establish a work-related cause, and the request of her supervisor to move from the desk could be seen as a work-related cause also. In this case, the worker was not successful in her argument.  Her knee injury was determined to be an idiopathic event that was not related to work. Because the case could have gone either way, this is a good example of why you need a skilled Greenville, South Carolina, workers’ compensation attorney if you are tasked with proving that your injury is work related.

When Idiopathic Injuries Stem From A Work-Related Injury

Sometimes, an idiopathic injury or event may lead to an injury that is work related. This happens when a hazard that is unique to your job environment is involved in the injury. As we mentioned before, falling from a height is a good example. You could have an idiopathic knee condition, an idiopathic heart condition, or an idiopathic seizure condition that causes you to fall. The height you were working at is directly related to your occupation. If you sustain broken bones, a head injury, or any other injury related to the height hazard, these injuries will be covered by workers’ compensation benefits. Even fainting, an idiopathic event, could result in further medical expenses if you are injured by a work hazard. Other examples of work hazards that have resulted in workers’ compensation claims with idiopathic events include work related machinery, tables and counters, and work related auto accidents. If someone has a heart attack while driving a vehicle for employment-related purposes, then the resulting auto accident injuries could be covered by workers’ compensation benefits.

This is important because you have to think about whether or not medical expenses would have been incurred if the employee had not been working at the time of the idiopathic event. In some cases, there would be medical expenses no matter where the event occurred. If the person had a heart attack, a stroke, or a seizure, then these conditions might result in medical treatment expenses either way. Yet, if someone sustained further injuries that were related to a work hazard, then this could result in more time away from work and more medical expenses than they would have incurred at home or elsewhere.

Imagine a situation in which someone faints and falls to the floor. This could result in some medical treatment, but it is unlikely to cause the person to miss a significant amount of time from work. Now, imagine a situation where someone faints and falls on a work machine, causing a head injury or broken bone. This is going to cause the person to miss time from work that they might not have lost otherwise. It can also result in more medical expense than they would have endured otherwise.

You Need a Skilled Greenville, South Carolina, Workers’ Compensation Attorney to Present Your Case

These types of workers’ compensation claims can often hang on the details of what happened and the strength of your argument in favor of your right to receive benefits for idiopathic injuries. It is unwise to try to take on the system by yourself. This is especially challenging when you’re dealing with the pain and life disruption that your injuries have caused. Contact the Greenville, South Carolina, workers’ compensation attorneys at the Dan Pruitt Injury Law Firm to learn more about your options and rights concerning idiopathic injuries or a workers’ comp claim.