Are you an employee living with Complex Regional Pain Syndrome (CRPS) in Charleston, SC? If so, you might be wondering if you can receive workers compensation for your condition. Let’s take a close-up look at CRPS and its implications within the employment realm in Charleston.
In Charleston and across South Carolina, you can file a workers’ injury claim (or a lawsuit) for compensation. Your best bet, however, would be to first reach out to a competent Charleston work injury lawyer to safeguard your rights.
What is Complex Regional Pain Syndrome?
Complex Regional Pain Syndrome (CRPS) is a chronic condition that causes pain, swelling, and changes in the skin. The most common symptom of CRPS is a burning pain that is out of proportion to the injury or cause. CRPS can occur after an injury, surgery, or stroke.
While CRPS can occur in any part of the body, it most often affects the arm or leg.
CRPS is caused by damage to the nervous system. This damage may be due to an injury or disease. It can be difficult to diagnose because its symptoms vary from person to person and can mimic other conditions (reach out to a doctor when in doubt).
There are two types of CRPS:
- Type I CRPS tends to affect one limb and is not associated with nerve damage.
- Type II CRPS affects both limbs and is associated with nerve damage.
While there is no definitive cure for CRPS, you can (and should) reach out for medical help to manage the pain. Treatment options include medication, physical therapy, occupational therapy, and surgery – sometimes, all three may be needed.
Worker’s Compensation For CRPS
If your CRPS is the result of an injury that occurred at work, or if it is due to exposure to hazardous conditions at work, you may be eligible for workers’ compensation benefits. As soon as you’re sure that you have CRPS, talk to your employer about your options.
Next, you must consult with an experienced Charleston work injury lawyer who can evaluate your case and help you pursue the benefits you deserve.
The other option is to file a legal claim if needed.
Eligibility Requirements for Seeking Legal Compensation
To be eligible for legal compensation in Charleston, SC, the employee must have a medically diagnosed condition that causes chronic pain and/or disability – in this case, CRPS. They must also be able to show that their work environment was a significant contributing factor to their condition.
Additionally, the employee must be able to demonstrate that they have made a good faith effort to work with their employer to find an accommodation that would allow them to continue working despite their condition.
Legal Compensation & Statutory Limitations
If you’re going down this road, first talk to your lawyer to clear out any confusion.
Next, file the correct type of claim with the Industrial Commission (best to let your lawyer take care of this). You must also make sure that all necessary paperwork is gathered and sent to the insurance carrier. If they deny your claim, you’ll have to file a petition with the Industrial Commission.
The statutory limitations of legal compensation are as follows:
- An employer’s failure to comply with the statutory requirements for Workers’ Compensation Coverage can result in fines and penalties.
- An injured worker is only entitled to receive benefits for lost wages and medical expenses incurred as a result of their work-related injury.
- An injured worker must not receive any type of punitive damages from their employer.
Filing A Legal Claim for CPRS in Charleston, SC
If you or a loved one has been diagnosed with CRPS (work-related), you must reach out to a lawyer to see if you can get compensated for it. While every case is different, certain general steps must be taken to pursue a work injury claim in Charleston, SC:
First, gather all relevant medical records and documentation regarding the diagnosis and treatment of CRPS. This will be essential in proving the existence of the condition and demonstrating the extent of your impairment.
Next, ask an experienced Charleston personal injury lawyer to help you evaluate your case and whether or not you can file a claim. In many CRPS cases, the employer may be held liable for failing to provide a safe workplace or for negligently causing the condition.
Once liability has been established, you can file a workers’ compensation claim with the South Carolina Workers’ Compensation Commission. The claim must be filed within two years of the date of injury or diagnosis, so it is important to act quickly.
After the claim is filed, the Commission will review it and determine whether benefits should be awarded. If benefits are approved, they will typically cover medical expenses and a portion of lost wages.
In some cases, additional damages may also be awarded for pain and suffering.
Hire A Competent Charleston Work Injury Lawyer For Your Case
Complex Regional Pain Syndrome is a debilitating condition that can significantly impair an individual’s quality of life. However, in Charleston, SC, individuals with this condition may be eligible to receive legal compensation if they meet certain criteria.
If you’ve been injured on the job, you must hire a competent Charleston work injury lawyer for your case. You need someone who knows the ins and outs of South Carolina workers’ compensation law and has experience fighting for their client’s rights.
A personal injury lawyer from the Charleston Workers Compensation Lawyers Law Firm will help you navigate the complex legal system, ensuring that you receive all the benefits you’re entitled to under the law.
We’ll also negotiate with insurance companies and employers on your behalf, protecting your interests every step of the way. Don’t settle for just any attorney for your workers’ comp case – choose one who is truly competent in this area of law.
Reach out to us now for a free consultation!