Sometimes, a workplace accident results in injury to more than one body part. When a person sustains multiple injuries at work, the workers’ compensation process can be complicated. But you might also qualify to receive greater compensation than you would for a single injury.
Settlement for Multiple Injuries in Workers’ Compensation
- You can have all your injuries accounted for in the workers’ compensation settlement.
- Determining workers’ compensation for a multiple injury claim is complicated. You may deserve compensation beyond what is listed in the scheduled awards.
- How you pursue the case will determine your settlement for multiple injuries. The evidence that you present will be especially important to your claim.
- The insurance companies are especially likely to fight high-value claims. If you have multiple injuries, you should have an attorney to help you pursue your benefits.
If you have multiple injuries, you may deserve additional benefits, including wage loss, medical care, and total and permanent disability. You can have help from an attorney to take on the insurance company and claim your benefits.
Multiple Injury Claims
When we talk about multiple injury claims in workers’ comp, we mean one of two situations.
- When an accident directly results in injury to multiple body parts. For example, when an accident occurs, a person may hurt their leg and their arm. This is a multiple injury scenario.
- When an injury to one body part directly affects another body part. For example, injury to the back may radiate down the leg. Because of the initial back injury, a person may experience weakness and immobility in the leg.
Understanding How Multiple Injuries Affect Workers’ Compensation Claims
Multiple injuries may allow a person to proceed under general disability statutes to determine a settlement. They may seek compensation for total disability, S.C. Code § 42-9-10, or partial disability, § 42-9-20. Otherwise, injury to a single body part is compensated according to scheduled disabilities listed in S.C. Code § 42-9-30.
Scheduled awards and the single-injury system
Ordinarily, the workers’ compensation system assigns a value to each injured body part. The law puts a dollar amount on what each body part is worth. Then, based on the severity of the disability and the person’s income before the accident, the person receives a compensation amount.
For example, loss of the use of a shoulder is valued at 300 weeks. If a person has a 20% disability of the shoulder, and their pre-injury wage was $1,000 per week, the value would be calculated as follows:
.20 X 300 X $1,000 X 2/3 = $40,000
In this scenario, the value of the person’s loss of the shoulder is $40,000.
See Singleton v. Young Lumber Company, 236 S.C. 454 (1960) where the victim sought total disability because of severe injury to the leg. The court limited the award to the schedule of awards because the injury was to a single body part.
Increased benefits for multiple injuries
Just calculating benefits for the most serious injury, or even for both injuries added together, wouldn’t be fair in many cases.
Having multiple injuries at once can be more disabling than separate injuries. A person with any single injury may be able to work. However, in combination, a person may not be able to work at all.
When other body parts are affected, the claimant may establish a greater disability than what is provided by the South Carolina workers’ comp schedule of disabilities. See Dent v. East Richland County Public Service District, 423 S.C. 193 (2018).
How Workers’ Compensation Benefits Are Calculated for Multiple Injuries
Disability in the workers’ compensation system is measured by the ability to work. Being completely disabled doesn’t mean being completely helpless.
For example, in Dent, the injured person was a laborer throughout their entire career. They had a high school education. The court found that there was conflicting testimony about the person’s ability to perform sedentary work. But they said it didn’t matter and that it wasn’t reasonable to expect there to be sedentary work available for a former day laborer with a high school education.
Total disability may be awarded for up to 500 weeks. When it is awarded because of multiple injuries, it can mean a significant increase in the workers’ compensation settlement.
Common Workplace Accidents Leading to Multiple Injuries
- Car accidents, automobile accidents
- Trip and fall, falls from the same level and elevated surfaces
- Electrical accidents
- Accidents involving heavy machinery, crushing, and stuck-between accidents
- Harmful substance exposure
- Repetitive motion
Separate accidents causing subsequent injuries are handled differently
If a person sustains a second workplace injury, completely unrelated and at a different time than the first injury, it is a separate claim. In that scenario, the person should file a new workers’ compensation claim. When a person has multiple injuries resulting from a single incident or episode, all the injuries may be addressed in a single workers’ compensation claim.
The Role of Evidence in Proving Your Multiple Injuries
Evidence will be especially important in any workers’ compensation claim involving multiple injuries. You can expect the insurance company to contest whether you have two or more injuries. For example, in Colonna v. Marlboro Park Hospital, 404 S.C. 537 (Ct. App. 2013), the victim claimed that an ankle and foot injury affected her back. However, the court found that the record did not support multiple injuries because the victim did not complain of back pain to doctors.
The Role of Impairment Ratings in Multiple Injury Cases
An impairment rating in a multiple injury case will reflect loss of function. Your doctor will look at how each injury impairs you and how you are impaired as a whole. If you disagree with the rating, your attorney can help you contest it.
When To Negotiate a Lump Sum Settlement for Multiple Injuries
It may be appropriate to negotiate a lump sum settlement for multiple injuries. There are multiple types of settlements so be sure you know what your settlement covers and excludes. Your attorney can review what you need to consider.
Contact an Experienced Workers’ Compensation Lawyer
Do you need a workers’ compensation settlement for multiple injuries?
Contact an experienced workers’ compensation lawyer at Bobby Jones Law.