How is repetitive trauma defined in South Carolina?
Some examples of repetitive injuries that are common in workers’ compensation include carpal tunnel syndrome, osteoarthritis of the knees and shoulder tendonitis. In South Carolina, under SC Code 42-1-172, repetitive trauma is defined as “an injury which is gradual in onset and caused by the cumulative effects of repetitive traumatic events.” This means that you have suffered from multiple mini-accidents that occurred over a period of time to cause your injury. Repetitive trauma is a bit different from the one workplace accident which caused an injury. You can receive benefits if you can prove that your repetitive trauma was caused by your workplace activities.
What do you have to prove to get workers’ compensation benefits for repetive trauma?
In order to receive workers’ compensation benefits, you will usually need a medical expert such as your treating doctor to confirm there is a connection between your repetitive trauma and your workplace duties. The standard of proof for this is usually to a reasonable degree of medical certainty. The connection may be harder to show than it might appear. You will probably feel that it is obvious that your medical condition was worsened after your repetitive work activities. But there are often several other potential causes for injuries which may need to be ruled out. For example, with osteoarthritis of the knees, there are other activities that could cause this type of injury such as standing, walking, or running outside of the workplace. So you will usually need to get a doctor to confirm the link and explains why the other potential causes were less likely to be responsible for your injuries.
Can I still get workers’ compensation benefits if I have a pre-existing condition that got worse because of repetitive work activity?
Yes, you can still get workers’ compensation if you can show your condition was aggravated by your work activity. As explained above, you usually need a medical expert or a treating doctor to state that your medical condition to a reasonable degree of medical certainty was aggravated by your repetitive workplace activity. This statement is not always easy to get as I discussed above. You will probably feel that it is obvious that your medical condition was worsened after working. But there may be several potential causes beyond your workplace duties that the insurance company might point to in order to deny you benefits. For example, it could be brought up that lifting heavy items overhead outside of work aggravated your shoulder tendinitis even if you are lifting overhead multiple times a day at work. Your case will probably be stronger if the doctor addresses those other potential causes for your injuries.
Source: https://www.scstatehouse.gov/code/t42c001.php
Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Pati Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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