Several years ago while working as a date entry administrator you began having problems with wrist pain and numbness in your fingers. After several doctor visits, numerous x-rays and an expensive nerve conduction study, your physician diagnosed you with carpal tunnel syndrome and referred you to a neurologist.
Now years later the same neurologist is recommending surgery since those uncomfortable wrist braces, physical therapy and muscle relaxers are no longer relieving your pain. While workers’ compensation covered your previous medical bills, you no longer work for the same firm. In fact, you now have an entirely different career which requires some but not as much computer work as the position that initially caused your carpal tunnel syndrome.
Or perhaps you have reoccurring knee pain because of a workplace accident which happened at a company that has since gone out of business. Do you have any legal recourse under South Carolina workers’ compensation when it comes to these types of work related repetitive injuries?
Because of the legal complexities involved it is important to discuss your situation with an experienced professional workers’ compensation attorney as soon as possible. Many workplace accidents can and should be classified as an occupational disease or a work-related repetitive trauma injury in order to obtain maximum benefits.
Since each company is responsible for securing their own workers’ compensation coverage, chances are pretty good your current employer might balk at covering medical expenses due to a reoccurring injury. But is this legal? Again, because of all the variables when it comes to dealing with workers’ compensation, multiple employers and long-term or reoccurring injuries, you definitely need to reach out to Dan Pruitt Injury Law Firm. This is a situation that doesn’t lend itself you to going it on your own. You need experienced professional advice to ensure your legal rights are covered.
While South Carolina workers’ compensation law states an injured employee must notify their employer within 90 days of their injury, most people don’t realize they have up to two years to file a claim with the state commission. In the case of repetitive injuries the law is a bit different. South Carolina still requires you follow the two year window to file your claim but that time period only begins when you first knew or technically should have known that your injury was compensable under state law. But this law is not open-ended; claims must be filed no more than seven years after the “last date of injurious exposure.” Because repetitive trauma such as carpal tunnel syndrome or repetitive stress injuries develop over time and can easily be exacerbated by the same or similar movement, it is vitally important to seek medical attention as soon as possible. This is especially important if your job include repetitious movement such as computer and secretarial work, working on an assembly line, many construction jobs, retail employment involving stocking shelves or operating a cash register or even while working as a massage therapist or driving a delivery truck.
Then frequently even in a well-documented case, the employee is still responsible for proving the injury was work related. So please don’t delay in speaking with one of our experienced legal professionals. There is no upfront charge to discuss your case with us and we handle these cases on a contingency basis. Please reach out to us today by calling 864-232-4273 or fill out our convenient on-line contact form.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.