Are you injured or ill due to hazards in your place of employment?  Perhaps you’ve experienced a ladder fall or a burn at work. Or maybe your injury is related to repetitive motions, such as numerous keystrokes required in your office work?  Have you been exposed to harmful substances in the course of your employment that led to health issues weeks, months, or years after the exposure?  Do you suffer an emotional or psychological disorder as a result of extraordinary emotional stimuli on the job?  If any of these broad circumstances are part of your work experience, you are protected under South Carolina’s Workers’ Compensation Laws.  The experienced attorneys at The Law Offices of Steven M Krause PA are here to help you navigate the mounds of paperwork and confusing legal codes as they assist you in attaining the settlement you deserve.

Accidents or Repetitive Trauma

Workplace accidents may include falls, overexertion, highway incidents, being struck by objects, and even assaults.  Injuries include fractures, punctures,  sprains, hernias and other traumas.

Notice of an accident or death due to an accident must be provided as soon as possible following the accident, unless providing such notice is deferred due to physical or mental incapacity, or fraud or deceit involving a third party.

With regard to injuries resulting from repetitive trauma, employees have 90 days after the date of a compensable diagnosis to file a claim.  Typical injuries in this category include tendinitis, carpal tunnel, bursitis, and hearing loss, among others.  In some circumstances, strokes and heart attacks may be related to extraordinary or unusual strain in the workplace, making these conditions compensable, as well.

Occupational Diseases

An occupational disease is one that is the result of exposure to hazards that are recognized as peculiar to the trade, job or employment, or that are in excess of those expected in normal employment circumstances.  For many years, occupational diseases were synonymous with non-compensation, but that is no longer the case.  South Carolina is one of 41 states that now covers all occupational diseases under its workers’ compensation laws.  Whether covered specifically under the definition of an occupational disease, or covered under broader injury terminology, conditions relating to work hazards are increasingly being addressed and remunerations paid.  It should be noted, though, that in order to qualify as an occupational disease, the condition must be one one that is not as commonly contracted in other occupations or in day-to-day living.

Occupational diseases may be caused by exposure to a number of hazardous materials. The list is long, but includes asbestos, coke oven emissions, wood dust, and various gasses, chemicals, acids, and compounds. Diseases caused by exposure to these agents may result in respiratory disease, skeletal disorders, cancers, mental and behavioral disorders, and skin diseases.

A successful claim must include proof of a causal effect between the work hazard and the ailment.  For example, although certain chemical exposures may be linked to cancer, an individual who contracts lung cancer after both exposure to that chemical and a history of cigarette smoking might have a difficult time proving that the chemical exposure was the exacerbating factor.

Ionizing Radiation Injury

An ionizing radiation injury involves any deficiency caused by particulate or electromagnetic radiation.  An impairment is classified as the loss of natural abilities resulting in the decrease or elimination of wage-earning capacity, and may be temporary or permanent, partial or total.

Symptoms from his type of injury may take years to manifest.  The damage may include impaired blood cell production, digestive tract issues, brain and skin concerns, and cardiovascular issues.  The numbers and types of cancers that may be traced back to radiation exposure is alarming. This type of exposure may even impact sperm and egg cells, resulting in genetic defects to future generations.

When can a claim be filed in this circumstance? South Carolina law requires the claimant know, or reasonably be expected to know of the impairment and its possible connection to employment.  Because the delayed presentation of symptoms may make the history and dose determination difficult to determine, this may be a very lengthy period of time.

Defining—and Compensating– the Disability

Just how impactful is the injury under consideration?  If it affects employment or earnings to any degree, if it requires medical intervention or equipment, or if it limits employment potential or daily life, it is a compensable injury.

Partial disability due to occupational disease or injury is recognized under South Carolina law.  Compensation is determined as two-thirds of the difference in earnings between pre- and post- injury.  However, due to the complexities of calculating earning capacity when continued employment within the same occupation is not possible, an argument can be made that alternate compensation formulas be addressed.  Determining the level of disability as well as the compensation calculation formula can be a multifaceted endeavor.

Statute of Limitations

One critical issue of which to be aware is the statute of limitations.  The Supreme Court upheld South Carolina Code saying that the clock does not start ticking on statute of limitations until a condition is diagnosed and the worker or the worker’s beneficiary is made aware of the potential relationship between said medical condition and the workplace.  In some circumstances, that information should be delivered by the employer or by a medical practitioner associated with the condition; in others, the law allows for a “reasonable” passage of time in which one should have been able to make the connection between the workplace hazard and the resulting complaint.

How Should I Proceed if I have Suffered a Workplace Injury?

Making sense of complicated workers’ compensation laws in South Carolina can be time-consuming, confusing, and onerous.  You want the knowledgeable legal team of The Law Offices of Steven M Krause PA on your side.  Don’t suffer in silence.  Contact us now for your free consultation with South Carolina attorneys who are experienced in workers’ compensation law and who will take the time to give your case the personal attention it deserves.

Badges

We help people like you every day.

---

GET HELP NOW!

• Your Name*
• Your Email*
• Phone
• Your Message*

Δ

HOURS & ADDRESS

• 207 E. Calhoun St. Anderson, SC 29621
• (864) 225-4000Local
• 864-844-4836 En Español
• Toll Free
• 864-964-0788 FAX

Office Hours

• Monday - Thursday9am - 3pmFridays - Closed

Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.