Not every workplace accident in South Carolina is a dramatic explosion or a fall from three stories to the ground. Instead, thousands of tiny movements each day can slowly damage soft tissue, including muscles, tendons, and ligaments. The result? Compressed nerves and disabling pain.
McCravy, Newlon, Sturkie & Clardy has helped countless injured workers seek compensation for on-the-job injuries, including repetitive stress injuries, which are covered under South Carolina law.
Call us to speak with a Spartanburg workers’ compensation lawyer in a confidential consultation.
We believe South Carolina workers should get all the benefits they deserve, and we dedicate a large part of our practice to these claims.
Types of Repetitive Stress Injuries
You might receive workers’ compensation for repetitive stress injury if you suffer from any of the following conditions:
- Bursitis. The bursae are fluid-filled sacs that cushion the joints. They can become inflamed by repetitive stress, leading to bursitis.
- Tennis elbow. Inflammation of the tendons in the elbow can lead to tennis elbow. Many workers feel pain at the elbow and weakness in their forearms.
- Carpal tunnel syndrome. This injury involves compression on the median nerve, which runs down through the wrist to the hand. Many workers need surgery to relieve the compression.
- Shin splints. Workers can feel pain along their shin bones due to repetitive motion and overwork.
- Cervical strain. The muscles or ligaments in the neck can become strained, causing neck pain and stiffness.
- Trigger finger. Repetitive motions can injure tendons in the finger, making it perpetually bent.
- Lumbar strain. This is a common source of lower back pain, often because of overexertion or sitting in an uncomfortable position.
Often, the first sign of a repetitive stress injury is pain that creeps back even if you take a handful of aspirin. Unless you rest, the pain will only get worse, and at some point, many workers cannot perform their jobs. They take time off from work and possibly suffer an immediate collapse in income.
Ideally, workers would regularly stretch when they begin to feel pain, but some employers push workers to the breaking point. This is why so many repetitive stress injuries strike workers.
How to Get Workers’ Compensation for Repetitive Stress Injury
The challenge with repetitive strain injury compensation claims is proving your injury stems from your working conditions. The insurance company might claim you were hurt outside work, in which case your claim is not covered. Workers’ compensation in South Carolina only covers on-the-job injuries.
We recommend the following steps to strengthen your claim:
- Go to the doctor. You should immediately point out where you feel pain. Medical records help document when an injury arises, as well as the severity of your condition.
- Write down your job duties. What constant, repetitive motions do you make at work which led to the injury? For example, someone who performs data entry might get trigger finger due to making thousands of taps each day.
- Document your pain. Repetitive stress injuries are hard to prove. When a person suffers a dramatic burn, everyone can see it, so only a fool would deny that the worker is injured. But pain in a person’s wrist, hip, or elbow is usually invisible. Workers should carefully document their injuries to receive repetitive strain injury compensation.
- Follow your doctor’s treatment plan. A worker must try to get better, otherwise their benefits can be cut off. By following the treatment plan, you show you are making a good faith effort to become well.
- Consult a workers’ compensation lawyer. A lawyer knows how to submit a claim for benefits, as well as how to provide the right kinds of supporting documentation. A consultation is well worth your time, and ideally, you will hire an experienced lawyer.
Repetitive strain injury compensation claims are hard to win, but by following these steps, you can improve the odds.
Remember Workers’ Compensation Deadlines
South Carolina law requires that workers take steps to secure their right to benefits. Missing deadlines will result in denied claims.
South Carolina Code 42-15-20 requires that workers report any injury immediately, but no later than 90 days. For a repetitive stress injury, a worker should report as soon as they realize their injury is connected to their work conditions.
You also have two years to file a claim with the South Carolina Workers’ Compensation Committee.
Reporting an injury or accident to your boss is not sufficient to file a claim. If you feel overwhelmed, contact our law office to discuss your injuries. We can file a claim to preserve your rights.
Why Are Claims Denied?
Repetitive stress injuries are serious, so it is always a surprise to us when a claim is denied. Injured workers need workers’ compensation benefits to cushion them through their recovery, but too many see their claims denied for various reasons:
- You waited too long to report or file a claim.
- There are doubts about whether you are injured.
- Your injuries are not related to your job.
- You were injured outside of work or had a pre-existing injury.
- You are not covered by workers’ compensation because you are an independent contractor or otherwise exempt.
Do not take a denial lying down. Instead, reach out to our law firm for assistance with your claim.
We want to see your denial letter so we can respond, point by point, to the reasons given for rejecting your request for benefits.
Most workers can file an appeal for workers’ compensation for repetitive stress injury. The best appeals are supported by strong evidence, including medical records or testimony from your medical team. The appeal should also respond to whatever ground was given for the initial denial.
We Fight for Injured Workers
Without benefits, many workers could end up losing their homes or struggling to support their families. Our experienced attorneys at McCravy, Newlon, Sturkie & Clardy have your back. We are advocates for the workers who form the backbone of the South Carolina economy. When you are hurt on the job, you should receive benefits without hassle.