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.