South Carolina law may allow you to request workers’ comp for a repetitive stress injury.
Examples of conditions that may fall under this category include tendinitis, carpal tunnel syndrome, back strains, stress fractures, and others. To qualify for a work injury settlement, you would need to prove that you are an eligible employee and that your condition is related to your job.
Williams & Roche, LLC stands ready to help you file and defend your job-related repetitive stress injury claim. With over 50 years of combined legal experience, we have a wealth of knowledge and hands-on training we can put to work for you.
What Is a Repetitive Stress Injury?
As the Cleveland Clinic explains, a repetitive stress injury occurs when repeated motion or use places strain on a worker’s body and causes a wound or disorder, like a break or strain. Instead of a condition arising from a single workplace accident, these injuries show up because of strenuous or repetitive use of the body over time.
Other names for a repetitive stress injury include a repetitive strain injury, repetitive trauma, or occupational overuse syndrome. Examples of disorders the Cleveland Clinic says meet this definition include tendinitis, tennis elbow, trigger finger, back strains, and stress fractures.
These wounds can arise over weeks, months, or even years and take quite some time before they completely heal.
How Repetitive Stress Injuries Develop in the Workplace
Repetitive strain injuries can develop because of repeated lifting, twisting, typing, reaching, or pulling of the body over time. For example, a delivery driver may have to bend over, lift, carry, and set down boxes multiple times throughout the day. These activities can wear out the person’s knees, back, or elbows.
Likewise, someone who works at a manufacturing plant may have to twist or reach in the same manner repeatedly throughout their shift as part of their job. The muscles, tendons, and ligaments in their back may become strained in the process.
People can also get a stress fracture from repetitive vibration or pressure on parts of their body.
For example, someone who uses a pressure washer or jackhammer may get a stress fracture because of repeated exposure to these intense vibrations for their work.
Are Repetitive Stress Injuries Covered by Workers’ Compensation in South Carolina?
The South Carolina Workers’ Compensation Act allows an eligible employee to request a settlement if they have a repetitive strain injury.
The person would need to establish that the workers’ comp insurance policy covers them — e.g., they are a regular employee rather than an independent contractor — and that their condition came from their job.
An injury stems from someone’s job if they got it while performing tasks for their employer or on the clock. The injuring event does not have to be a single accident — like a trip and fall — but it does need to relate to things that occur at work. The person filing the claim can prove this by explaining what they do for employment and how the doctor’s description of the source of the injury matches up with their job duties.
Filing a Workers’ Compensation Claim for Repetitive Stress Injury
South Carolina law requires people to follow a particular procedure when they file a worker’s compensation claim for a repetitive stress injury. The first step is to notify their employer about their repetitive trauma injury within 90 days of when they realize they are hurt because of their job. They may still be able to file a claim outside of this window of time; however, they would need to be able to explain why they could not meet the 90-day deadline.
After they submit this initial notice, they have up to two years to start a formal request with the Workers’ Compensation Commission. They may have more time than this to send in the notice or create a claim if an exception applies.
Challenges You May Face When Filing a Repetitive Stress Injury Claim
Because repetitive stress injuries occur over time rather than in a single event — like a car crash — it can sometimes be challenging to prove a connection between the injury and the person’s work conditions. They can help overcome this challenge by getting clear evidence, like testimony from a doctor or medical expert. For example, they can have their physician explain how these types of injuries usually develop and then relate this to what the person does for work.
Another challenge is meeting the deadlines. The Commission measures the deadline from the date the person realizes or could have realized that their condition is because of their employment. Because the condition did not come from a definitive, single event, it can be challenging for the person to prove when the clock began ticking.
The insurance company might try to argue that the person waited too long to file. The worker can then explain why they believe they submitted their claim within the required deadlines. A skilled attorney can help the person by gathering and presenting important evidence to prove this point.
Contact Williams & Roche, LLC, for Help With Workers’ Comp Because of a Repetitive Stress Injury
You may be eligible to receive workers’ comp for a repetitive stress injury if you are a regular employee — i.e., not an independent contractor — and your condition is because of your job.
Instead of trying to meet these requirements on your own, consider the potential benefits of partnering with a knowledgeable work injury lawyer.
Williams & Roche, LLC, dedicates its practice to fighting for those who get hurt while doing their jobs. We understand how much a work injury can get in the way of you earning a living, providing for your family, and enjoying life as you did before the incident. Before transitioning back into private practice, Andrea Roche spent eight years as a Commissioner on the Workers’ Compensation Commission in South Carolina. Contact her today by calling 803.784.0503 to schedule a free consultation to talk about your concerns.
