When you suffer a back injury at work, you need maximum compensation. Bobby Jones Law is an experienced Greenville workers’ compensation attorney for workers’ compensation back injury and is taking new cases now. Contact us for a personalized consultation about the value of your claim.

Compensation for Workers’ Compensation Back Injury

Each workers’ compensation case is valued individually and depends on several factors, including the severity of the injury and the impact on your employment.

The National Safety Council reports an average claim amount of $44,158 for lower back injuries and $41,809 for upper back injuries. Your case may be more or less than average.

Common Types of Work-Related Back Injuries

Common types of back injury at work claims include the following:

Sprains: Muscle or tendon injury can result in pain, stiffness, and muscle spasms.
Strains: Stretching or tearing a ligament can reduce range of motion and cause pain.
Broken vertebrae: The bones of the spine can break. Rest and brace stabilization may be required, or surgery may be needed if the fracture is unstable. Broken vertebrae may put the spine at risk.
Slipped disc, herniated disc: The cushions between spinal discs can slip from their position or rupture. A herniated disc can cause nerve pain, numbness, tingling, and muscle weakness.
Nerve damage: If a nerve is under too much pressure, it can cause pain, numbness, tingling, and other debilitating symptoms. Pain may radiate to the extremities. Nerve pain can result from trauma to the surrounding tissues.
Dislocation: Injured ligaments can push vertebrae out of place. Dislocation may co-occur with spinal cord injury.
Spinal cord injury: Spinal cord injury is damage to the nerves in the spinal canal. Injury may be complete or incomplete, disrupting communication channels throughout the body. Injury may affect motor movement, sensory functions, and body systems like breathing and bladder control.

Back injuries can result from falling, falling objects, overexertion, machinery malfunction, motor vehicle and equipment accidents, and vibration trauma.

Statistics for back injury at work claims

The National Safety Council reports that 43% of musculoskeletal workplace injuries involve the trunk, primarily the back. The Bureau of Labor Statistics (BLS) reports that back injuries are the most common musculoskeletal disorder resulting in missed work.

One study found that 20.6% of workplace injuries and illnesses in the South Carolina state government affected the trunk, including the back. An additional 23.7% of injuries affected multiple body parts and body systems, which may also include the back.

How Workers’ Compensation Calculates Back Injury Settlements

Workers’ compensation calculates back injury settlements based on medical care, lost income, and the extent of permanent disability of the back.

The South Carolina permanent disability schedule applies to Greenville claims. Loss of use of the back is calculated in two different ways, depending on the extent of permanent loss of use of the back.

Under South Carolina workers’ compensation law, the back is valued at 300 weeks of benefits. If a worker suffers a permanent partial disability (PPD) of 49% or less, they are entitled to 66 2/3% of their average weekly wage (AWW) for the percentage of those 300 weeks that corresponds to their impairment rating. For example, if you earn $900 per week and receive a 10% back impairment rating, you would be paid $600 per week (two-thirds of your wages) for 30 weeks for a total of $18,000.

Loss of the back at 50% or more creates a presumption of total, permanent disability, but this presumption is rebuttable. When work incapacity is total, the employer shall pay 66 2/3% of the average weekly wage for the period of total disability, up to 500 weeks. If the person is totally and permanently disabled as a paraplegic, quadriplegic, or with brain damage, the 500-week limit does not apply.

Note: An important part of calculating a back injury at work claim is medical care. When it comes to medical care and a settlement, the injured worker has options. They can continue to receive medical care at no cost through the workers’ compensation system or can negotiate an amount for the cost of medical care and continue their care under their own direction. What’s best for you depends on your medical needs and personal situation.

Factors That Influence Your Compensation Amount

Factors that influence compensation for back injury at work include:

Medical care

The cost of medical care can be a significant part of a back injury claim. Costs can vary significantly depending on the amount of medical intervention required.

Lost wages

Greenville, SC, workers’ compensation pays temporary disability if you’re unable to work. You may receive 66 2/3% of your pre-injury wages. Lost income can also be factored into a claim settlement.

Returning to work can be a significant dispute in a back injury claim, as many back injuries require rest to heal. If your employer orders you back to work before you’re ready, an attorney can help you dispute the order.

Disability

The extent of permanent disability can influence a back injury workers’ compensation award. Disability is examined once the injured person reaches maximum medical improvement. A correct rating is key to a back injury claim, especially since there is a significant difference in an award of 49% or 50%. You can dispute your rating if you disagree with it.

Timing and structure

A settlement is a voluntary agreement to resolve a claim, meaning you don’t have to accept it. If you choose to settle, you can negotiate the terms. Work with an attorney to understand the different options for settling your case.

See our South Carolina Workers’ Compensation Settlement Calculator

What Medical Evidence Do You Need To Support Your Claim?

Medical evidence to support a back injury workers’ compensation claim in Greenville should include:

What your diagnosis is
Diagnostic testing reports
Treatment required
How injuries impact your ability to work
Causation between the accident and injuries
Extent of permanent disability

Typically, medical evidence involves a combination of records and expert testimony.

Why You Shouldn’t Settle Without Legal Advice

If you settle your back injury at work claim without legal advice, you may settle for less than you deserve. When you contact Bobby Jones Law, you can talk to an experienced workers’ compensation lawyer. Attorney Robert “Bobby” Jones can evaluate the value of your case, pursue your claim, and negotiate a settlement for your specific situation.