Job Related Injuries & Workers Compensation Cases
If you have been hurt on the job and suffered Job Related Injuries , you may be entitled to receive compensation in the form of workers’ compensation benefits. Such compensation can be awarded to employees to relieve the financial stress of injury-related costs such as medical expenses, rehabilitation, and disability. Workers’ compensation claims may be filed for the following types of injuries.
Injury by Accident
An “injury by accident” is an unanticipated injury which is not expected by the person who suffers the injury. One of the key aspects of an injury by accident is that the event is unexpected or unusual—thus, the injury must not occur while an employee is performing is normal duties at his or her job. Slip and fall cases, back injuries, and hernias are common examples of such injuries.
Occupational Disease in South Carolina
An “occupational disease” is defined as a condition that causes a disability due to continuous exposure to a unique hazard in an industry. In order for a disease to be considered occupational, it must be caused by exposure to a hazard that is in excess of the amount of exposure that an individual would normally have to the hazard. A key example of an occupational disease is mesothelioma, which is a lung cancer caused by an abnormal exposure to asbestos.
An employee may also suffer from repetitive trauma, which is defined as an injury which occurs gradually and is caused by repetitive activities related to an individual’s job. Carpal Tunnel Syndrome, commonly caused by excessive typing, is a common example of a repetitive trauma. Other types of frequent repetitive trauma include herniated discs and plantar fasciitis.
Death as a Result of Work-Related Injury
If an employee loses his or her life as a result of an injury sustained while on the job, workers’ compensation benefits may be awarded to the deceased individual’s survivors. In South Carolina, a surviving spouse is entitled to at least half of the maximum workers’ compensation benefit. A surviving child is also entitled to such benefit if the child is a minor, a full-time student, or cannot support himself or herself due to physical or mental incapacity.
Injured on the Job? Don’t Wait—Call Today!
Time is of the essence when filing a claim under workers’ compensation. In South Carolina, an injured worker must report his or her injury to an employer within 90 days. Additionally, a claim must be filed with the South Carolina Workers’ Compensation Commission within two years of the date of the injury in order to receive any compensation for the injury.
Worker’s compensation claims can be extremely confusing, as there are so many types of job related injuries that may be considered a workers’ compensation claim. If you have been injured during the course of employment, the dedicated employment law attorneys at the Lovely Law Firm are here to assist you in filing your claim and securing the compensation to which you are entitled to. To schedule a case evaluation at no charge, please call (843) 839-4111.