Work Related Injury Disability and Benefits
By law, every South Carolina employer with four or more full-time employees must have workers compensation insurance. Workers’ compensation is available regardless of fault when the injury arises out of and in the course of employment. Employers are required to pay hospital and medical expenses that are necessary to diagnose and treat your injury. In addition, companies must also provide disability payments while employees are unable to work. Your employer may also be obligated to pay for rehabilitation and other benefits as well.
What Qualifies as a Work Injury?
There are obvious work injuries and not-so obvious work injuries.
- Physical injury: an accident such as a fall, chemical burn, cut.
- Repetitive injury: an injury acquired by repeating the same acts over and over through work. This could be accumulative hearing loss, debilitating back pain, carpel tunnel, neck pain. It is recommended to report a repetitive injury as soon as you need to seek medical attention for it.
- Disease: an occupational disease is one that is acquired because of your job such as lung diseases (ex. Asbestosis) from work environments and hazardous work-related materials, or disease contracted because your work in a hospital.
- Mental issues: Mental issues from extreme or unusual work conditions or from an ongoing work injury.
What Injuries Are Covered?
Most workers do not know that their injury need not be caused by an accident to be covered by workers’ compensation. Many employees can receive compensation for injuries that are caused by misuse over a long period of time. This can include chronic back problems or some kinds of stress injuries. Employees can also receive benefits for diseases that are the gradual result of work conditions, including heart conditions and lung diseases. This is why its important you call a workers compensation lawyer as soon as you suffer an injury.
Arthritis and Work Related Injuries
Arthritis is one of the most widespread health problems in the nation. The term arthritis specifically means joint inflammation. It is used to explain many different types of rheumatic conditions that affect a person’s joints and tissue that surrounds the joint and connective joint tissue. Symptoms of can vary and the onset of the condition can be gradual or sudden.
The most common symptoms of arthritis include:
- Pain around one or more joint (i.e. knees, wrists, hands, hips and shoulders) and
- Limitation of the function of surrounding and supportive body structures.
Arthritis sufferers know that the condition can be extremely painful. In South Carolina, when a work injury causes, reactivates or accelerates your arthritis, you have a right to file for South Carolina workers’ compensation benefits.
It is normal to wonder if an illness such as bipolar disease is covered by South Carolina workers’ compensation laws. Dealing with a mental illness is a sensitive subject. Despite your best hopes, it likely will not get better or just go away. We tell our clients, the best time to file a workers’ compensation claim is right away, as soon as an on the job accident occurs, or as soon as you are aware of the effects of a job related injury. If you or a family member suffers from bipolar disorder, then you know how tough it is to explain the impact that a mental illness, such as bipolar disease, can have on a person’s ability to work.
Any full-time employee (working for an employer with four or more employees) who has an employment related injury and needs medical attention should be covered under workers’ compensation insurance. It doesn’t matter if the injury was a complete accident or the fault of a co-worker. The employee MUST notify his or her employer within 90 days of the injury or risk losing the right to benefits under workers compensation. (It is recommended that you record details of your accident and to whom you reported it.) Millions of people every year across the nation experience migraine headaches. These people, primarily women according to recent studies, fall between the ages of 15 and 55. Depending on your situation, you may be entitled to workers compensation benefits as a result of your migraine.
In South Carolina, any injury you experience while on the job is suitable for Workers’ Compensation benefits if it requires medical treatment and prevents you from returning to your job (short term, long term, or permanently). If you have suffered a heart attack, and feel that your injury may be work related, the best thing you can do is give us a call.
Stress Related Injuries
Depending upon the circumstances, in South Carolina, a psychological injury caused by something that occurred while you were at work, may be considered a valid work injury, compensable by workers’ compensation benefits. For example, mental illnesses or other kinds of disability can be triggered after witnessing a violent workplace incident like a robbery, caused by the stress of being injured on the job. If you witnessed a traumatic event at work, you might have post-traumatic stress disorder and should receive benefits as a result.
What Types of Work Comp Benefits Are Available?
Generally, if the employee’s need for medical or psychological treatment falls within the South Carolina Workers’ Compensation laws, the workers’ compensation insurer will have to pay for medical treatment, expenses and lost wages. Medical benefits include all standard medical care, including psychological or psychiatric treatment.
Wage loss benefits compensate an injured person for wages lost from a work-related injury or psychological disability. If you were left totally disabled by your emotional stress, you may also be eligible for Social Security Disability benefits. We also handle social security at the Strom Law Firm, LLC and would be more than happy to give you a free case review.
Schedule Your Free Workers Compensation Consultation Today
Contact one of the workers comp attorneys at the Strom Law Firm, L.L.C. for a free consultation to discuss your legal rights. 866-490-2847. We understand the impact that a work related injury or death has upon you and your loved ones. The most important thing you need to focus on is a speedy recovery. You need an advocate who will seek justice on your behalf.