Injury in a Charleston Workers’ Compensation Claim

Finding yourself the recipient of a work-related injury is no matter to be taken lightly. An experienced attorney could help explain how you could recover from an injury in a Charleston workers’ compensation claim case. Let a legal professional fight for your right to compensation following your injury. Reach out to a dedicated workers’ compensation lawyer today.

How Injuries are Defined in Workers’ Compensation

An injury in a Charleston workers’ compensation claim is defined as any type of physical issue that occurs after an accident. Sometimes, the injury is the accident itself. For example, when a worker walks down the hall and their knee gives out, that knee is both the accident and injury. In that situation, under South Carolina law, the worker is covered because the State uses a no-fault system when it comes to workers’ compensation for both the Longshore Harbor Workers’ Compensation Act and the State of South Carolina Workers’ Compensation Act. Whether the injury is the injured person’s fault or someone else’s, they are still covered in most instances. Anytime there is an injury to the body, whether it be something that is repetitive in nature like a carpal tunnel injury or something acute like a broken leg or a broken arm, it would fall under the definition of an injury.

Injuries Caused by a Third-Party

In a recent case, a worker suffered a brain injury as well as a neck injury that resulted in a two-level discectomy and fusion surgery in which the doctors took the discs out fo the neck and replaced them with bone. The individual suffered this traumatic brain injury in an auto collision. The person was driving while on the job when they were hit by a third party. In this situation, the injured person was able to file a workers’ compensation claim and a claim against the third-party negligent driver. Doing so would allow the individual to recover additional damages that are allowed under South Carolina tort law.

The Role of Medical Professionals

Doctors in any type of accident or injury case play a critical role. The law requires that there be medical-legal causation from an expert witness. That expert witness is typically a doctor and, specifically, the best type of medical-legal causation from a doctor one can get is from a specialist in the area of the injury. In that recent case, the specifics were from an orthopedic surgeon who performed a two-level fusion, gave a medical-legal opinion as to the causation of the injury coming from the automobile accident while the victim was working, and gave views on permanent work restrictions, permanent impairment to the neck, and the need for future medical treatment. It was also necessary to get a neuropsychologist and a neurologist brain expert to give opinions on the brain injury and impairments, work restrictions, and future medical care and treatment that would be needed for the injured worker as a result of the automobile accident.

Reach Out to an Attorney About Injuries in a Charleston Workers’ Compensation Claim

If you have been injured while working on the job, an experienced attorney could help you seek compensation for an injury in a Charleston workers’ compensation claim. Reach out to a dedicated attorney today to see how a legal professional could help you recover from your accident.


Free Consultation

(843) 884-6615

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

In an effort to continue serving the community while keeping everyone healthy and safe, our office is offering phone and video consultations. To schedule or learn more call (843) 884-6615 or fill out a contact form here.