Obtaining Workers’ Compensation for Orthopedic Injuries
If you have been hurt in an accident at work or you have begun to experience pain that could be signs of a cumulative orthopedic injury, you should seek medical attention right away. A physician can run tests, diagnose your condition, and help you determine the cause.
If you are diagnosed with an orthopedic injury related to your job, you should notify your employer right away. Under South Carolina law, you have 90 days to notify your employer of an occupational illness or injury or you could lose your eligibility for workers’ compensation benefits. Workers’ compensation insurance pays for all necessary medical treatment of the injury after it has caused you to miss seven days of work. It also pays for physical therapy and assistive devices, as well as a portion of your lost pay.
To be eligible for benefits, your injury must have occurred within the scope of your job. South Carolina defines “course and scope” as a worker’s activity done in furtherance of the interests of their employer.
Your employer and/or their workers’ comp insurance carrier may balk at paying for medical care for your orthopedic injury. Because orthopedic injuries can also be caused by the natural wear and tear of aging, the insurance company may argue that your injury is not an occupational injury and therefore does not qualify for workers’ comp coverage. In South Carolina, your employer can require you to see a doctor chosen by the employer for a workers’ comp claim. The acceptance or denial of your claim may rest on the doctor’s decision.
If you get workers’ comp for an orthopedic injury, the insurer may try to force you back to work too soon, which could exacerbate your injury. The physician assigned to your workers’ comp case could declare you recovered and ready to return to work despite your pain.
Our workers’ compensation attorneys at Joye Law Firm can help make sure you obtain all of the benefits you are due. We can review the circumstances of your orthopedic injury and make sure that your workers’ compensation application documents your eligibility for benefits. If necessary, we can refer you for a second opinion examination with an orthopedist. We’ll use our knowledge of the South Carolina workers’ comp system to help identify the connection between your injury and workplace activity.
If your claim has already been denied, we can appeal the decision for you. If your case warrants a third-party claim against someone other than your employer who caused your injury, our personal injury lawyers can vigorously pursue that compensation for you, too.
Joye Law Firm had a firm record of five lawyers recognized in the 2021 edition of The Best Lawyers in America in the area of Workers’ Compensation – Claimants. Attorney Ken Harrell, the managing partner of Joye Law Firm, was recognized by The Best Lawyers in America as the 2021 “Lawyer of the Year” in the category of Workers’ Compensation – Claimants for Charleston. John Roxon, of our Myrtle Beach office, and Sydney Lynn, of our Columbia office, were among those listed.
The experienced South Carolina workers’ compensation attorneys at Joye Law Firm can help you deal with the complex process of pursuing workers’ compensation benefits after an orthopedic injury on the job.
Call us at (888) 324-3100 or fill out our online contact form for a free consultation with one of our workers’ compensation attorneys. There is no charge for the claim review and no strings attached.