Did you suffer a back injury while on the job in Lexington, Mauldin, or elsewhere in South Carolina? You are not alone.
Back problems are among the most commonly reported work-related injuries. You can file for no-fault workers’ comp benefits. With that being said, the claims process can often prove to be challenging. At Smith & Jones Law, LLC, we are proud to put injured workers first in these cases. Here, our Lexington workers’ compensation attorney provides a guide to navigating back injuries in workers’ comp claims in South Carolina.
Back Injury Workers’ Compensation: Know Your Rights
Back injuries in the workplace are relatively common. According to data from the Bureau of Labor Statistics (BLS), approximately 250,000 workers nationwide are required to miss time each year because of a job-related back injury. If you suffered any type of back injury at work, whether it was a back injury in a single, acute accident or a work-related back injury that developed gradually over time, you must be prepared to navigate the claims process. Here are your rights if you sustained a back injury at work in South Carolina:
- You Have the Right to Seek Medical Care: Your health and well-being are always the top priority after enduring a work-related back injury. If you suffer a back injury at work in South Carolina, you have the right to receive medical care through your employer’s workers’ compensation insurance. With that being said, your employer or their insurer has the right to choose the treating physician, at least initially. You must go to the authorized provider to have your treatment covered. If emergency care is required, you may seek immediate attention and notify your employer afterward. All reasonable and necessary medical expenses should be covered.
- You Have the Right to Report Your Accident: South Carolina workers’ comp law requires injured employees to report their back injury promptly. You have the right to notify your employer of the accident without facing any retribution. It is unlawful for an employer to retaliate against a worker in South Carolina simply because he or she was injured on the job. Your employer cannot lawfully pressure you into not reporting the accident and/or not filing for workers’ comp benefits. It should be noted that if you fail to report your work accident back injury within 90 days, you may not be able to file for workers’ comp.
- You Have the Right to File for Workers’ Comp: You have the legal right to file a workers’ compensation claim if you injure your back on the job in South Carolina. Filing allows you to pursue benefits for medical treatment, lost wages, and potentially permanent impairment. Your claim should be submitted to the South Carolina Workers’ Compensation Commission using Form 50. If your employer does not initiate the claim, you can and should file it yourself within two years of the injury. Notably, the workers’ comp process is designed to ensure that your rights are preserved. Benefits are paid on a no-fault basis. You merely need to prove that you were hurt within the course and scope of your employment, not that your employer’s negligence caused your accident.
- You Have the Right to Challenge a Denial of Benefits: Was your workers’ comp claim for a back injury denied? It is an issue that can happen for a wide array of different reasons. A proactive approach is a must. Do not wait to take action. You have the right to appeal the denial of workers’ comp benefits for a back injury. The sooner that you initiate the claims process, the better positioned you will be to get justice and compensation. A top-rated South Carolina workers’ comp appeals attorney can help.
What is the Average Workers’ Comp Settlement for Back Injury?
Workers’ comp benefits primarily cover medical care and wage replacement. The value of a back injury claim will depend on several different factors. In other words, there is no true “average” settlement amount for a back injury in workers’ comp in South Carolina. To start, your benefits should cover all reasonable and necessary medical care related to your workplace back injury. You can also seek benefits for the days you are forced to take off to recover from your injury.
If you have a permanent disability, you can seek benefits for it. Our state has a scheduled benefit system based on disability ratings. With a disability rating of under 49 percent, recovery is based on 300 weeks of benefits. With a back injury disability rating of over 50 percent, recovery is based on 500 weeks. Your benefits are paid based on your average weekly wage. You may also qualify for permanent wage loss or permanent and total disability benefits.
The Bottom Line: The amount that you can expect to recover for a back injury in South Carolina will vary widely based on the circumstances, including the nature of your medical needs, your pre-injury salary, and any permanent disability/limitations. A top-tier South Carolina work injury attorney can help you understand the true value of your case.
Why Trust Our South Carolina Work Injury Lawyer for Back Pain
Do you suffer from a back injury while on the job? You have the right to seek financial benefits through a workers’ comp claim. At Smith & Jones Law, LLC, we are committed to helping injured workers navigate every step of the claims process.
Our team has extensive experience with back injury cases. With a proven record of case results in complex claims, we always put victims and families first. Your initial consultation with our South Carolina back injury lawyer is free, confidential, and without obligation.
Contact Our South Carolina Workers’ Comp Attorney Today
At Smith & Jones Law, LLC, our South Carolina workers’ compensation lawyer has the knowledge and experience that you can trust. If you or your loved one suffered a back injury while on the job, we are more than ready to help you navigate the challenges of the claims process. Give us a call now or contact us online to set up a free, no-obligation case review.
With offices in Lexington and Mauldin, we fight for justice for injured workers throughout South Carolina.