While injuries that occur while on-the-job often happen from a sudden accident, overexertion injuries typically result from repetitive, prolonged stress. Victims of overexertion injuries should speak with a Greenville overexertion injuries lawyer who could walk alongside them at all phases of the worker’s compensation claims process. A seasoned warehouse injury attorney could also help you determine your eligibility to pursue a claim against a negligent third party or parties to ensure you receive the full range of compensation owed.
Injuries Frequently Associated with Workplace Overexertion
A number of serious injuries could stem from overexertion, but the following are the physical harms most commonly associated with this potential workplace hazard:
- Muscle strains
- Back injuries
- Neck injuries
- Heat exhaustion
- Tendon injuries
- Joint injuries
- Injuries to the connective tissues
Risk Factors for Overexertion Injuries
Simple workplace tasks that place continued strain on the body over an extended period of time could result in significant injury to a worker. Heavy lifting, pulling heavy items, carrying heavy items, and working in a very hot environment are all potential risk factors for overexertion injuries.
Seeking Recovery Under Worker’s Compensation
Regardless of what caused a worker’s overexertion injury, they may qualify for benefits under the state’s worker’s compensation system, which a Greenville attorney could help to secure. These benefits may include the following:
- Necessary medical treatment, such as physician visits, therapy, and medications
- Lost income
- Permanent partial disability
- Permanent total disability
- Funeral costs
- Death benefits
The law provides injured workers two years from the date of the incident to file a worker’s compensation claim, as outlined under South Carolina Code of Laws §42-15-40. Notice of injury must be provided to the worker’s employer no more than 90 days from the date on which the accident took place. If a worker does not comply with these statutory requirements, they could forfeit their right to compensation.
However, there is an exception to the 90-day deadline which could apply in overexertion injury cases. Under S.C. Code Ann. §42-15-20(C), in worker’s compensation claims involving recurring trauma, the individual would be afforded 90 days from when they discovered or reasonably ought to have discovered they were injured to provide notice to their employer.
A Third-Party Lawsuit May Provide Additional Compensation
There may be instances where a worker’s injuries were partially or completely due to the negligence of a third party, such as a subcontractor on a worksite. The statutory deadline applicable to third-party personal injury lawsuits differs than the timeline for worker’s compensation claims.
Pursuant to S.C. Code Ann §15-3-530, plaintiffs have a three-year window in which to file a claim for personal injuries suffered. A Greenville overexertion injuries attorney could help a worker seek a variety of financial damages, including those for lost income, medical costs, pain, suffering, mental anguish, emotional distress, and loss of consortium.
How a Greenville Overexertion Injuries Attorney Could Assist
A dedicated Greenville overexertion injuries lawyer could provide unwavering support throughout your case, from helping you to commence a claim to working closely with the insurance companies. An attorney could help relieve your stress during the difficult time following a work injury so you can focus on the process of recovery. A skilled lawyer could also thoroughly investigate your claim to identify all individuals or entities who may be liable and pursue just compensation accordingly.
Do not hesitate to call now to schedule your initial consultation and discuss your potential case.