A report by the South Carolina Occupational Safety and Health Administration indicates that in 2017 over 45,000 workers were injured in nonfatal incidents on the job in both the private and public sector, and 88 lost their lives as a result of workplace conditions.
According to the South Carolina Workers’ Compensation Act, an employee is entitled to compensation due to injuries “arising out of and in the course of employment”. At Fuentes & Esquivel, P.A., we ensure that you get the best representation possible for your workman’s compensation claim which involves a complex process of filing procedures, deadlines, and analysis of medical records. Our team of attorneys has over 38 years of combined experience and a proven track record of successful claims.
If you have experienced any of the symptoms and/or conditions listed below, or others not listed, as a result of your work environment and conditions, please know that these are potentially compensable injuries that we can represent you for:
Heart attacks—Caused by unexpected strain, overexertion, unusual or extraordinary conditions of employment. These are delicate cases which involve a careful assessment of medical records to determine whether the work injury was a contributing cause, triggering cause, aggravating cause or accelerating cause of the heart attack.
Mental and nervous disorders—These are emotional or psychological disorders caused either by a physical injury or stressors resulting from the unusual or extraordinary conditions in the work environment.
Occupational diseases—Examples of occupational diseases: hepatitis, skin diseases like contact dermatitis, lung diseases such as asthma or pulmonary conditions, to name a few. The claimant can elect to file a claim based on occupational disease, injury by accident or both. Our staff will carefully assess whether the elements needed to establish a preponderance of the evidence are present: the existence of a disease must have arisen out of conditions in excess of the hazards normally present during the claimant’s employment, both the disease and the hazard causing the disease must be recognized as peculiar to the occupation or trade, and the disease must be a direct result of the claimant’s occupation or trade.
Hernias—These cases must meet certain requirements to be compensable. Additional concerns are whether the hernia(s) was repaired surgically and if the claimant is still disabled after the surgery.
Repetitive trauma, or repetitive strain injuries like carpal tunnel syndrome.
Hearing loss, whether partial or total. These claims require certain actions such as obtaining hearing records from the South Carolina Department of Labor through a FOIA request or from the employer through an OSHA request. Our team is well versed in handling such requests and building a good case.
We offer a full-service plan of representation which will involve: providing notice to the employer or carrier, filing the claim, requesting the First Report of Injury, gathering medical records, analyzing the proof of impairment and ratings of impairment, issuing subpoenas, and responding to discovery, filing third party claims, preparing for hearings, submitting proposed orders and awards, and preparing for appeals, if necessary.
Once you reach the settlement stage, we guide you through the agreement, also known as a clincher agreement, and final releases, social security disability benefits and any offset of workers’ compensation benefits, any lien issues, as well as any settlement payments to be received from annuities, structured settlements or irrevocable trusts.
Given the complexity of some injuries, we’ll also discuss any eligibility for future medical treatment if it tends to lessen the claimant’s period of disability. In the event there is any change in conditions and a new symptom of an original injury manifests itself and is causally connected to the injury, we help you file the proper documents so the South Carolina Workers’ Compensation Commission can revisit an award previously granted.
You don’t have to be alone in your suffering and worry that you’re fighting an uphill battle while your medical bills are mounting. We are here to advise you of the best course of action for your specific situation and help you every step of the way, whether you have already filed a claim or are thinking about filing.
If you suspect that you or someone you know has suffered as a result of workplace conditions and may have a claim, contact us as soon as possible to make sure you meet the required deadlines for providing notice and filing your claim.
Our team is standing by at 844-534-2551 or firstname.lastname@example.org to respond to your inquiries either in English or Spanish.