Navigating Back Injury Workers Compensation in South Carolina

If you suffer a back injury, you may receive workers’ compensation in South Carolina. How you navigate your claim will determine what you receive.

Bobby Jones Law explains back injury workers’ compensation.

Common Types of Back Injuries Sustained at Work

Sprains and strains – This may result from overstretching or lifting a heavy object. Muscles, ligaments, and other soft tissue may be damaged.
Herniated disc – When a spinal disc bulges, it may cause pain and put pressure on nerves.
Fractured back – Any of the bones in the vertebrae may crack.
Spinal cord injury, paralysis – Damage to the spinal cord may cause tingling, mobility impairment, and paralysis.
Osteoarthritis – Over time, the joints in the back can break down. They may become stiff. Mobility may be affected.
Tumor – Occupational exposure may cause a tumor in the back. Pressure on the nerves may occur.
Discogenic pain – Lower back pain may have a mechanical or chemical cause. Common contributing factors are lifting, bending and sitting.
Spondylolisthesis – Involves pressure on the nerves because of a slipped vertebra.

How Back Injuries Occur in the Workplace

Heavy lifting
Repeated lifting without adequate rest
Poor lifting technique, posture, poor physical condition, hyperextension
Failing to have appropriate personal protective equipment
Compensating when equipment and machines fail
Exposure to dangerous chemicals
Failing to follow safety instructions
Inadequate maintenance
Falling, falling objects
Motor vehicle accidents
Malfunction and misuse of heavy machinery
Sitting for long periods of time

Workers Compensation Coverage for Back Injuries

Workers’ compensation covers back injuries. A claim may be made based on a traumatic injury – one that occurs suddenly. It may also be based on an occupational disease – a back injury that develops over time.

Disability for back injuries in South Carolina depends on the percentage rating of the loss.

49% or less – Disability is paid at 66 2/3% of average weekly wages for 300 weeks. Benefits are paid according to the specific percentage of total loss.

50% or more – Disability is paid at 66 2/3% of average weekly wages for 500 weeks. A person with 50%+ loss of use of the back is presumed to have total and permanent disability.

Types of Benefits Available for Back Injury Claims

Medical bills

The injured worker may receive medical care for their back injury. They must see a doctor chosen by their employer. Medical care may cover anything that lessens the degree of disability. If there is a dispute about medical care, you may ask for a hearing.

Wage replacement

A person with a back injury is often unable to work. They may receive wage replacement as a percentage of their income before the injury. Rest is often critical to healing, so light duty may be a matter of dispute. You may challenge the calculation of your wage replacement benefits.

Disability rating

If your workplace back injury makes you disabled, you deserve fair compensation. Workers’ compensation doesn’t pay for pain and suffering. However, you can receive compensation according to the extent of disability caused by the back injury.

Steps to Take Immediately After a Back Injury

Seek medical attention

Get emergency medical attention if necessary. If it’s not an emergency, ask for a referral to your employer’s selected medical care provider. This documents your injury and starts your healing.

Tell your employer

Tell a supervisor or human resources about your injury. It’s not enough that your coworkers know – management needs to know. Tell them as soon as possible. A delay of more than 90 days may prevent you from receiving benefits.

Protect your rights

Use Form 50—Workplace Injury Claim to protect your right to workers’ compensation benefits. You have two years to file, and you may ask for a hearing regarding your benefits.

If your back injury is the result of an occupational disease, the two-year right to compensation runs from when you have been definitively diagnosed as having an occupational disease and have been notified of the diagnosis. When there is repetitive trauma as defined by law, compensation is barred if a claim is not filed from two years when you knew or should have known that the injury was compensable, but not more than seven years from the last date of injurious exposure.

Document

Save anything that may be related to your claim. For example, if you can, take photographs of your working area and the equipment, machines, furniture, and other things that may have contributed. Save clothing and personal protective equipment that was involved if there was a traumatic incident.

Evaluate your benefits

When you have a workers’ comp back injury, you need to know what benefits you deserve. Evaluate the categories of damages and how benefits should be awarded in your case. You may need to challenge the determination if benefits have been denied, your disability rating it too low, or you are otherwise not receiving the benefits that you deserve.

The Process of Filing a Workers Compensation Claim

Filing a workers’ compensation claim for back injury starts with notifying your employer. They should complete an injury report and direct you to medical attention. The employer should forward the information to their insurance carrier. Benefits should begin according to the law.

Unfortunately, it’s not always that easy. Too many employers deny and minimize good claims. You may take your case to a hearing, and you may have a workers’ comp attorney for back injuries.