Reporting Repetive Trauma Injuries in Time

Workers' Compensation Repetitive Trauma Injury, Greenville, SC

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In 2007 the South Carolina legislature passed a new workers' compensation law dealing with repetitive trauma injuries like carpal tunnel syndrome, repetitive back injuries or cumulative injuries to body parts.  When the law was enacted the statute said that an employee with carpal tunnel or any other repetitive trauma injury must report the injury within in 90 days from the date the employee knew or should have known they had a compensable injury.   This law was vague as it required an employee to report an injury within 90 days but it was debatable when the 90 days began. Was it 90 days from the date of diagnosis by a medical doctor?  Was it 90 days from the date the employee first experience pain?  Was it 90 days from the last day the employee was exposed to the job that caused the repetitive injury?

The South Carolina Court of Appeals recently defined when an employee must report a workers' compensation repetitive trauma back injury, carpal tunnel or any other repetitive trauma injury.  In the case of King v. International Knife and Saw  the South Carolina Court of Appeals stated reporting a repetitive injury is not triggered by the onset of pain. The Court went on to say

"a work-related repetitive trauma injury does not become compensable, and the ninety-day reporting clock does not start, until the injured employee discovers or should discover he qualifies to receive benefits for medical care, treatment, or disability due to his condition". 

This case defines the specifics of the 90 day reporting requirement at least to those that have read this case.  It is doubtful that an injured employee has and there are some exceptions to the 90 day reporting requirement.  In repetitive trauma injury cases, it is important to act immediately to preserve your rights to workers compensation benefits, medical benefits and potentially financial compensation. 

For more information on carpal tunnel and repetitive trauma injuries, contact Black, Black & Montgomery, LLC at (800) 681-1931 for a free consultation.