SC Court Rules Employee Repetitive Injury Claim Timely Filed

by Pete Strom on October 22, 2011

South Carolina Workers’ Compensation Attorneys

Earlier this week, the South Carolina Court of Appeals issued a decision in King v. International Knife and Saw, ruling that an employee who suffers a repetitive work injury is entitled to benefits under the South Carolina Workers’ Compensation Act if the employee files a worker’s compensation claim within ninety days of the day that the employee first seeks medical treatment for the injury or is forced to miss work, even if the employee has known that there was a problem for years.

Under the South Carolina Workers Compensation laws, the standard rule is that an employee suffering from a repetitive injury must notify his employer within ninety days of the date the employee discovered, or could have discovered by exercising reasonable diligence, that his condition entitles him or her to benefits under the South Carolina Workers’ Compensation Act (subject to certain exceptions). If an employee does not file his or her claim within this time period, and the reason for the delay does not fall within an exception, the employee will not receive any benefits.

The employee friendly decision clarified when the 90 day notice period begins to run, noting that, “a work-related repetitive trauma injury does not become compensable, and the ninety-day reporting clock does not start, until the injured employee discovers or should discovery he qualifies to receive benefits for medical care, treatment, or disability due to his condition.” Under this analysis, the employee’s claim does not arise when he or she first experiences pain, but rather when the employee starts missing work and/or needs to seek medical attention for the injury, which may occur months or even years later.

When Does a Reptitive Injury Occur for the Purpose of Filing a SC Workers’ Comp Claim?

For approximately 13 years claimant, Ralph King Jr., used six-, eight-, and ten-pound hammers on a daily basis to hammer saw blades to customer specifications. On April 17, 2008, the hammer King was using shattered, and King felt a sharp pain in his shoulder. King openly admitted that his arm had been tired, sore, and achy for a couple of years. King continued working for nearly a month before he informed his supervisor about his injury and sought medical treatment. King stopped working on May 15, 2008.

A few months later on August 7, 2008, King filed a claim for workers’ compensation benefits. King’s employer, International Knife and Saw, denied his workers’ comp claim assering that his injuries were not work-related and he that failed to give timely notice of a repetitive trauma injury. King later amended his claim to include carpal tunnel syndrome in his right arm, hand, and fingers. Both the original and the amended claim stated King was seeking benefits for “injury” as well as “repetitive trauma.”

King’s medical records showed that, from May to September 2008, he sought medical treatment for pain on his right side, from his neck to his hand, and numbness in his right hand. He physician prescribed pain medications, and they explored possible causes in his rotator cuff, cervical spine, nervous system, and carpal tunnel.

An MRI taken revealed a mild nerve impingement in his right shoulder. Electrodiagnostic studies further established that King suffered from moderate carpal tunnel syndrome on his right side. He underwent ETPS as well as physical therapy.

Under the South Carolina Workers’ Compensation laws, the single commissioner found King’s report to his employer was timely and awarded him benefits for total disability and medical treatment. King’s employer appealed and the Appellate Panel reversed both the finding of timeliness and the award of benefits, denying King’s claim for workmans’ compensation benefits.

King appealed, and our South Carolina Court of Appeals ruled that he is entitled to benefits under the South Carolina Workers’ Compensation Act.

The Justices stated they found substantial evidence that did not support the Appellate Panel’s findings which characterized King’s long-term arm ache as an “injury,” leading them to determine King discovered or could have discovered “a couple of years ago” that he had a compensable condition, a finding which precluded King from receiving benefits for failing to satisfy the notice requirement. Instead the South Carolina Court of Appeals ruled that King did not have any reason to know that his injury was compensable before April 2008 entitling him to benefits under the South Carolina Workers’ Compensation Act.

If you are dealing with a repetitive work injury, contact the South Carolina Workers’ Compensation Attorneys at the Strom Law Firm, LLC today for a free consultation to discuss your legal rights. 803.252.4800

Repetitive Work Injuries

by Pete Strom on October 20, 2011

South Carolina Workers’ Compensation Lawyers

Repetitive Injury

In South Carolina, the Workers’ Compensation laws provide for compensation in the event of a work related injury. Although a work related injury can happen in a split second, a work related injury may also occur a period of time. The South Carolina Workers’ Compensation Laws provide coverage for a repetitive work injury.

A repetitive injury is usually caused by accumulated physical damage and may occur from daily wear and tear at the workplace that results in physical trauma over time. If you need to seek medical attention for any of the following injuries, your medical bills and any lost wages you may be entitled to South Carolina Workers’ Compensation benefits. Common repetitive injuries include:

• Back injuries,
• Knee injuries,
• Neck injuries,
• Shoulder injuries,
• Carpal tunnel syndrome,
• Tennis and golf elbow,
• Ganglion cyst, and
• Hearing problems

If you have suffered a repetitive injury on the job, the Workers’ Comp lawyers at the Strom Law Firm, LLC can help.

How to Proceed After a Work Injury

If you have been hurt on the job, you should Report the Injury as soon as possible, but no later than 90 days after the accident.

Seek Medical Attention and Follow the Doctor’s Recommended Advice:

Your employer should direct you to a physician who will evaluate the extent of your injuries. If your employer does not schedule an appointment for medical treatment, you should immediately obtain medical treatment and an evaluation of your condition from a medical doctor so that you can document the extent and severity of your work related injury.

Be a Responsible Patient:

Follow all of your doctor’s treatment advice. If you do not understand a treatment protocol, just ask. Be honest about the nature and extent of your injury with your doctor. (Fraudulent claims are taken very seriously and a false statement may result in criminal prosecution.)

Protect Yourself And Your Workers’ Compensation Claim:
Do not feel compelled to volunteer information that does not have anything to do with your injury. For example, if you are dealing with lower back pain from a fall that occurred last week, there is no reason to tell your doctor that you had lower back pain for a two week period ten years ago when you have not experienced continuing back pain since the accident.

Get a Second Opinion When Necessary:
Although you must be completely honest, remember that your employer likely has an ongoing relationship with the physician that they are sending you to. Given this relationship, and depending upon the severity and extent of your injuries, it often makes sense to attempt to obtain a second opinion or independent medical opinion.

Maintain Records:
Track important dates related to your injury, such as injury occurrence, date of report, and conversations regarding your injury. Keep all receipts for medical treatment, medications, any travel related expenses including miles driven to see your doctor and any other costs related to your injury so that you will be fully reimbursed if your comp claim is approved by the insurance carrier.

NEXT STEPS: File a Worker’s Comp Claim

By: Pete Strom, South Carolina Workers Comp Attorney

Burn Injury Recovery

by Pete Strom on October 18, 2011

South Carolina Burn Injury Lawyers

Burn Injuries At Work

Severe burns injury and death can occur on the job due to fire, exposure to heat such as steam or boiling water, and exposure to chemicals or radiation. The effects of a burn on children and adults alike can be devastating and even deadly. The South Carolina burn injury attorneys at Strom Law Firm will protect your rights.

Burn victims may suffer muscle, bone, blood and tissue damage as well as subsequent pain due to injury to nerves. Burns can also be fatal.

Depending upon the severity of the burn as well as the location of the burn, a burn victim may experience a wide number of potentially fatal complications, including shock and respiratory distress.

Burns can also result in severe psychological and emotional distress related to scarring and deformity.

The attorneys at the Strom Law Firm, LLC handle various types of burn injuries and deaths that occur on the job or elsewhere, including:

Burns caused by defective products and equipment,
Chemical burns,
Burns caused by fire,
Electrical burns,
Radiation burns, and
Scalding

Our South Carolina burn injury lawyer understands the South Carolina Workers Compensation benefits that apply. Depending upon the circumstances, we may also pursue a third-party negligence claim against the contractors, manufacturers, and other third parties who caused or contributed to a work-related accident or death.

Understanding The Severity of a Burn Injury
Burns are classified depending upon the severity of the burn as well as the layers of skin damages.

First Degree Burns: usually only effect the outer layer of skin and are limited to redness and minor pain, such as a sunburn. First degree burns are treated as a minor burn unless they are extensive.

Second Degree Burns: affect the second layer of skin and often involve blistering; the level of pain will depend upon nerve damage.

Third Degree Burns: The most serious burn injuries. Third degree burn injury will cause permanent tissue damages as well as major damage and deformity to all layers of the skin. Third degree burns usually require skin grafts or plastic surgery. Injured third degree burn victims are typically flown immediately to a local burn center.

If you, your child, or a loved one has been injured or died as a result of a burn injury at work, the attorneys at Storm Law Firm can help. Founded by a former U.S. Attorney, our firm understands the system and will fight to protect your rights.

By: South Carolina Workers Compensation and Personal Injury Attorney Pete Strom

Do I Need a Lawyer for a Workers Comp Claim?

by Pete Strom on September 27, 2011

Why do I need a work injury lawyer to get worker’s comp benefits?

Anyone can file a workers comp claim for a work-related injury on their own. The South Carolina Worker’s Comp Commission is supposed to oversee conflicts that arise between the injured employee and the employer’s insurance company.

However, even with a mediator, an injured employee is challenged to act on his own behalf against a business entity. Insurance companies have lawyers, lots of fine print and look for reasons not to pay. Workers’ compensation is their business. The company’s employees are experts. An injured employee is in a weakened and stressed state. Plus, the employee must be evaluated by a doctor hired by the insurance company; this evaluation is used to determine approval, treatment and/or settlement of the employee’s worker’s comp claim.

Here’s a quick look at specific obstacles that commonly arise in Workman’s Comp claims:

Denied Claims
Dispute Over Medical Treatments & Needs
Return to Work Disputes
Dispute Over Claim Settlement Offered
A Third-Party Is Also to Blame
Your Appeal Is Ready for District Court
The work-injury lawyers at The Strom Law Firm, LLC proudly seek justice on behalf of employees injured or killed on the job who work for private companies, as well as employees working for local county, city, and state government.

Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on-the-job injury, or even pursing a claim against a third party who caused and/or contributed to your workplace injury, the workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the workers compensation claim process, including initial hearings and appellate proceedings.

The Strom Law Firm, LLC understands 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.

By: South Carolina Workers Comp Attorney Pete Strom

Who Qualifies for Workers Comp?

by Pete Strom on September 22, 2011

South Carolina Workers Compensation Attorneys

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.)

Migrant and seasonal farm workers are not covered under workman’s compensation insurance.

If it’s been more than 90 days since your work accident occurred, you may need help obtaining benefits for medical treatment and lost wages. You can contact The Strom Law Firm’s work injury lawyers to discuss the facts of your case at no charge.

What are Worker’s Compensation Benefits?

Workers’ compensation insurance benefits to assist the injured employee include:

Medical treatment and other medical expenses (gas mileage, public transportation costs)
Lost wages: 2/3 of an employee’s wages will be paid out after a seven-day waiting period
Compensation for a permanent loss: blindness, loss of limb
Death benefits to spouse and dependents
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.

By: Workers Comp Attorney Pete Strom

Seaman Injured During Testing for Crane Lift

by Pete Strom on September 20, 2011

Arturo L Fernandez was a 56-year-old seaman and engineer. One day he was working aboard a pipe-laying derrick vessel. He was testing to prove the lifting capabilities of a crane on the vessel.

At the time, pad eyes had been placed on a test barge to provide adequthe right balance for the test.

A pad eye is a device that a line runs through, or provides an attachment point. It usually is bolted or welded to the deck or hull of a boat.

At the same time, the boat had equalizer blcoks to connect the pad eyes on the lift barge to the vessel’s crane.

After the barge was lifted twice successfully, it was lifted a third time and held in the air for several minutes. Unfortunately, that is when the two equalizer blocks broke, and pushed debris to spread over an open area.

Fernandez’s left hand and right leg were hit by the flying debris. As a result, he broke his femur, requiring placement of the plates and fixation screws. This is lead to a spinal injury.

Fernandez suffered nerve damage which forced him to undergo several hand surgeries. He also had to get his left pinky finger amputated.

His medical expenses totaled approximately $250,000 and he now is unable to work and earn his $100,000 salary.

Fernandez sued Holloway-Houston, claiming the company had a flawed design, and failing to test the equalizer blocks properly;warn Fernandez’s employer that the blocks had not been tested in the field, or supervise the test lift.

Fernandez settled with the company for a confidential ammount. The court also awarded him $1.92 million.

Source: Fernandez v. Holloway – Houston, Inc.

By: South Carolina Workers Comp Attorney Pete Strom

The Workers Compensation Lawyers at The Strom Law Firm, LLC aggressively fight to secure compensation for workplace injuries.
If you’ve been injured at work, chances are you aren’t familiar with South Carolina’s work injury laws.
So how do you get started with Workers’ Compensation? See our simple overview below and reach out to The Strom Law Firm LLC’s work injury attorneys to discuss your case. Your case will be reviewed free of charge. Just give us a call or fill out the case evaluation form at the right.

South Carolina work injury laws at a glance:

What is workers’ compensation?
Who qualifies for worker’s compensation benefits?
What are the benefits for workers’ compensation?
What qualifies as a work injury or work accident?
Why do I need a work injury lawyer to get workers’ comp benefits?

Mining Company fined $900,000 for Deadly Explosion

by Pete Strom on September 15, 2011

Federal Officials say a Judge in Pennsylvania ruled a mining Company in Pennsylvania must pay $900,000 in fines for a explosion that killed a miner and resulted in criminal charges against three others.

The Department of Labor fines against the company are from a settlement order signed in the beginning of August.

The lawsuit came from a methane explosion that killed one miner at the Buck Mountain Mine in 2006.

The Mine Safety and health Administration found that the miner was killed when methane exploded in a under ventilated area.

The Administration claimed six of the ten violations related to the death were flagrant. They also said that mine operators must be held accountable for their failure to keep the miners safe.

R & D Coal Co. said they do not plan to file an appeal.

One of the mine’s owners and his son were charged with involuntary manslaughter. They plead no contest.

A third man was found guilty of blasting without a mining certificate.

The Buck Mountain Mine has been closed permanently.

By: South Carolina Workers Compensation Attorney Pete Strom

What is Workers’ Compensation?

Basically, it’s an insurance policy your employer must carry to make sure that employees injured at work can obtain necessary medical treatment and financial assistance for lost wages, plus additional compensation for any work-related injury, sickness, or disease that causes total or partial impairment to work. Workers’ compensation is available regardless of fault when the injury arises out of, and in the course of, employment.

By law, every South Carolina employer with four or more full-time employees must have workers compensation insurance.

The protection provided under the South Carolina Workers Comp Act is only the beginning of your right to compensation for a workplace injury.

Who qualifies for workmans’ comp benefits?

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.)

Migrant and seasonal farm workers are not covered under workman’s compensation insurance.

If it’s been more than 90 days since your work accident occurred, you may need help obtaining benefits for medical treatment and lost wages. You can contact The Strom Law Firm’s work injury lawyers to discuss the facts of your case at no charge.

4.1 Million Americans Injured Every Year at Work

by Pete Strom on September 8, 2011

According to the Occupational Safety and Health Administration, every year, more than 4.1 million Americans workers are injured on the job.

Those injuries can range from carpal tunnel syndrome to a severe personal injury such as breaking a leg or sometimes even wrongful death, caused by their job.

For approximately 25% people of those people, their workplace injuries and illnesses are severe enough to warrant workers compensation.

Fortunately, workers’ compensation laws have been created in every state to protect individuals who are injured at work and to provide treatment for them while they recover. Companies must by law carry worker’s comp insurance.

Were you injured?

The work-injury lawyers at The Strom Law Firm, LLC proudly seek justice on behalf of employees injured or killed on the job who work for private companies, as well as employees working for local county, city, and state government.

Whether your case involves obtaining benefits for a denied workers comp claim, helping you obtain medical treatment, negotiating a fair and equitable settlement for your on-the-job injury, or even pursing a claim against a third party who caused and/or contributed to your workplace injury, the workers compensation lawyers at the Strom Law Firm, LLC represent injured workers at all stages of the workers compensation claim process, including initial hearings and appellate proceedings.

The Strom Law Firm, LLC understands 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.

Contact one of the workers comp attorneys at the Strom Law Firm, LLC for a free consultation to discuss your legal rights. 866-490-2847. You may also reach us by completing the case evaluation form at the top right of this page.

Free Consultations • Flexible Appointments • Se Habla Español

By: South Carolina Workers Compensation Attorney Pete Strom

Texas Employees exposed to Falling Hazards

by Pete Strom on September 6, 2011

(Texas)-The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) cited a construction company with six safety violations after an inspection of the work site found employees exposed to several hazards while applying stucco to the exterior of a home.

The OSHA report proposed penalties totaling $50,820.

“This is not the first time [the company] has jeopardized the safety of its employees,” said San Antonio OSHA Area Director Jeff Funke. “Exposing workers to possible falls is unacceptable and can have tragic consequences.”

The Company was cited for failing to ensure that “employees erecting, dismantling, moving, repairing, maintaining or inspecting scaffolding were trained by a competent person to recognize the hazards associated with working on a scaffold.”

Five repeat violations include:
– failing to make sure that working levels of scaffolding were fully supported with safe means of access and egress,
– also failing to make sure that scaffolding was inspected for visible defects and protect employees from falling by providing guardrail systems or other means.

A repeat violation exists when a company previously has been cited or warned for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

OSHA cited the construction business 8 months ago and in March of 2009 for similar violations with proposed penalties of $4,050 and $3,450, respectively.

By: South Carolina Workers Comp Attorney Pete Strom

For more information visit the Workers Compensation News Blog Wire.

10 Companies Recalling Gel Fuels

by Pete Strom on September 1, 2011

The Washington Post reported 10 companies are recalling 2 million bottles and jugs of the gel fuel used in outdoor firepots because of the serious risk for potential burns and exploding dangers.

The Consumer Product Safety Commission (CPSC) says the gel fuel has been connected to several dozen injuries when consumers could not tell whether the flame was still burning. Pouring more gel on a burning pot can lead to dangerous flares and severe burns.

The companies recalling gel fuel:

Bird Brain Inc. ofYpsilanti,Mich.;
Bond Manufacturing ofAntioch,Calif.;
Sunjel Company ofMilwaukee;
Fuel Barons Inc. ofLake Tahoe,Nev.;
Lamplight Farms Inc, ofMenomonee Falls,Wis.;
Luminosities Inc. ofSt. Paul,Minn.;
Marshall Group ofElkhart,Ind.;
Pacific Decor Ltd. ofWoodinville,Wash.;
Real Flame ofRacine,Wis.;
Smart SolarUSAofOldsmar,Fla.

By: South Carolina Personal Injury Lawyer Pete Strom

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