Carpal Tunnel Syndrome (CTS) affects millions of Americans each year, with a significant portion of those cases arising from work-related activities. For individuals in South Carolina struggling with CTS due to their jobs, obtaining workers’ compensation benefits can be a complex and challenging process.
Our Charleston workers’ comp lawyers are here to help you navigate the claims process and obtain the benefits you deserve.
Eligibility for Workers’ Compensation
The South Carolina Workers’ Compensation Act provides a safety net for employees who suffer injuries or occupational diseases arising out of and in the course of their employment. To qualify for benefits related to CTS, you must meet the following criteria outlined in §42-1-170 of the Act.
- Employer Coverage: You must be an employee of a covered employer. This includes most private employers and some public entities.
- Injury or Disease: You must have suffered a compensable injury or occupational disease.
- Work-Relatedness: Your CTS must have been caused or aggravated by your work activities. This can be established through medical evidence and a detailed account of your job duties.
- Notice: You must notify your employer of the injury within 90 days of its occurrence or the date you knew or should have known it was work-related, as mandated by § 42-15-20.
Building a Strong Case
Demonstrating the work-relatedness of your CTS is crucial to securing benefits. The following evidence can help build a strong case.
- Medical Records: Obtain detailed medical records documenting your diagnosis, treatment plan, and the physician’s opinion regarding the connection between your CTS and your work.
- Witness Statements: Statements from colleagues or supervisors corroborating your job duties and the repetitive nature of your work tasks can strengthen your claim.
- Ergonomic Evaluations: Having your work environment evaluated by a qualified ergonomist can identify potential risk factors that contributed to your CTS.
- Expert Opinions: Consulting with medical experts specializing in occupational medicine can provide valuable insights and support your claim through expert witness testimony.
Navigating the Claims Process
- Report the Injury: Promptly report your CTS to your employer and file a Form 50, the Employee’s Claim for Compensation, under §42-15-20.
- Medical Treatment: Your employer’s insurance carrier will designate a physician for your initial treatment. However, you have the right to seek a second opinion from a qualified medical professional under §42-15-60.
- Investigation: The insurance company will investigate your claim, including reviewing your medical records and potentially requesting additional information.
- Determination: The insurance company will issue a decision on your claim, either approving or denying benefits within 14 days of receiving all required information, as outlined in §42-15-90.
- Appeals: If your claim is denied, you have the right to appeal the decision within 90 days under §42-17-40. This involves requesting a hearing before the Workers’ Compensation Commission, where you can present evidence and arguments supporting your case.
Workers Comp Benefits for Carpal Tunnel Syndrome
If your claim is approved, you may be eligible for various benefits outlined in Chapter 11 of the Workers’ Compensation Act, including the following.
Medical Treatment
Coverage for all reasonable and necessary medical expenses related to your CTS, including physician visits, diagnostic tests, treatment modalities, and prescription medications.
Temporary Disability Benefits
You may receive partial wage replacement if your CTS prevents you from working, as determined by §42-9-10.
Permanent Disability Benefits
If your CTS results in long-term impairment or limitations affecting your earning capacity, you may be entitled to permanent disability benefits calculated under §42-9-20.
Vocational Rehabilitation
If your CTS significantly restricts your ability to perform your previous job duties, you may receive assistance in finding suitable alternative employment through vocational rehabilitation programs provided by the South Carolina Commission for the Blind.
Appeals Process: Fighting for Your Rights
If your claim is denied, don’t lose hope. You have the right to appeal the decision within 90 days under § 42-17-40. This involves requesting a hearing before the Workers’ Compensation Commission. Here’s what to expect:
- Pre-Hearing Conference: This informal meeting allows the parties to discuss the case and potentially reach a settlement.
- Formal Hearing: During the hearing, you will have the opportunity to present your case, including witness testimonies and expert opinions. Your attorney will guide you through the process and ensure your voice is heard.
- Decision: The Workers’ Compensation Commission will issue a written decision based on the evidence presented. If the decision is still unfavorable, you may have the right to appeal to the South Carolina Court of Appeals.
Seeking Legal Guidance
Navigating the complexities of the workers’ compensation system can be daunting, especially while managing the physical and emotional challenges of CTS. Here is how a qualified Charleston workers’ compensation attorney can help you:
- Guide you through the claims process, ensuring timely filing and proper documentation.
- Assist in gathering evidence and obtaining expert opinions.
- Represent you effectively in hearings and appeals.
- Negotiate settlements on your behalf, maximizing your benefits.
- Provide emotional support and guidance throughout the process.
Investing in legal representation can significantly increase your chances of securing the compensation you deserve for your work-related CTS. Remember, you are not alone in this journey.
Call Our Charleston Workers Compensation Lawyers
Navigating a South Carolina workers comp claim for carpal tunnel syndrome requires a thorough understanding of the legalities involved, diligent effort in gathering evidence, and seeking professional guidance when needed.
Contact our Charleston Workers Compensation Attorneys at 843-310-5997 today for a free consultation.