If you hurt your back on the job in South Carolina, workers’ compensation should cover your authorized medical treatment and replace part of your lost wages. At the same time, you are unable to work, and pay for any permanent impairment once you’ve healed as much as you’re going to. It’s a no-fault system, so you don’t have to prove your employer did anything wrong. You generally must give notice within 90 days of the accident and file a claim with the commission within two years. However, delays in reporting or filing your claim can result in difficulties in obtaining crucial evidence to prove your case. It is important to report and file your claim as soon as possible.
Bending to tie your shoes, sitting through a shift, sleeping through the night: a back injury can turn ordinary moments into painful ones. The fear of missing paychecks only adds to the strain. If you sustain a work injury, you have rights, and Smith & Jones Law offers a free consultation to help you understand them.
In this article, our Mauldin workers’ compensation lawyer discusses:
– The most common work-related back injuries.
– What workers’ comp covers for a back injury.
– How South Carolina compensates for back injuries.
– Why insurers call back injuries “pre-existing.”
– How our team can help.
What Are The Most Common Work-related Back Injuries?
Several types of back injuries commonly happen on the job, from mild strains to serious spinal damage, and any of them can qualify for benefits. Common examples include:
– Herniated or bulging discs.
– Muscle and ligament strains.
– Sciatica and nerve impingement.
– Fractured vertebrae.
– Degenerative conditions that a work accident makes worse.
No industry is spared. Heavy lifting, falls, repetitive bending and twisting, and machinery accidents. A single incident can hurt your back.
What Does Workers’ Comp Cover For A Back Injury In South Carolina?
South Carolina workers’ compensation should provide three things for a back injury: medical care, wage replacement, and compensation for lasting harm. It covers authorized medical treatment, from doctor visits and imaging to physical therapy, injections, or surgery. If your back keeps you out of work, you receive temporary disability benefits that replace part of your lost wages while you recover. And once you reach maximum medical improvement (the point where your condition has stabilized), you may receive compensation for any permanent disability. Since fault plays no role in this system, benefits are typically available even if your own actions contributed to the injury.
Did you injure your back at work in South Carolina? Contact Smith & Jones Law today for a free consultation. Call 803-784-0730 today.
How Does South Carolina Compensate For A Back Injury?
A back injury is often handled differently than a simple arm or leg injury, because your back affects your whole body and your ability to earn a living. That opens more than one path to compensation. Once you reach maximum medical improvement, you may be entitled to benefits under one of several sections of state law. If your injury affects your earning capacity, you may pursue general or wage-loss disability instead of a fixed award. For partial disability, benefits equal two-thirds of the difference between your average weekly wages before and after the injury, for up to 340 weeks. Total disability benefits are generally capped at 500 weeks, though workers with catastrophic injuries, such as paraplegia, quadriplegia, or physical brain damage, can receive benefits for life. The law also weighs loss of use of the back, and when there’s 50% or more loss of use, you’re presumed to be totally and permanently disabled, a presumption the insurer can try to rebut.
Why Do Insurers Call Back Injuries “Pre-existing”?
Insurers often argue that a back injury comes from aging or a condition you already had, not your job, because that can reduce or eliminate what they owe. Back problems are common, which gives adjusters an opening to shift blame. Here’s the good news: South Carolina law allows benefits when a work injury aggravates a pre-existing condition, so an old back problem doesn’t automatically end your claim. What strengthens your case is prompt, consistent action. Report the injury to your employer within 90 days, receive treatment right away, keep your appointments, and make sure your doctor documents the link between your work and your injury. You also must file your claim with the Workers’ Compensation Commission within two years of the accident. Gaps in treatment or late reporting are exactly what insurers use against you.
Don’t let the insurance company write the story of your injury. Call Smith & Jones Law at 803-784-0730 for a free consultation.
How Smith & Jones Law Can Help
Our attorneys bring 55 years of combined experience to South Carolina workers’ compensation claims, and we know how to push back when an insurer undervalues a back injury. Workers’ compensation and auto accidents are two of our primary focuses, so we handle these cases every day. Smith & Jones Law will gather your medical records, document how the injury affects your work and your life, and pursue the full benefits you’re owed while you focus on healing. With offices in Lexington and Mauldin, we’re ready to help injured workers across South Carolina. Call 803-784-0730 for your free consultation.
Frequently Asked Questions About Workers’ Comp Back Injuries
How long do I have to report a back injury at work in South Carolina?
Speak up with your employer at the first opportunity. In most cases, you must give notice within 90 days of the accident, and you must file a claim with the Workers’ Compensation Commission within two years. Reporting right away helps keep the insurer from denying your claim.
Can I receive workers’ comp if my back was already bad?
Possibly. South Carolina law allows compensation when a workplace injury aggravates a pre-existing condition. The key is medical evidence connecting your symptoms to something that happened at work, and an experienced attorney can help gather that proof.
How much does it cost to hire a workers’ comp lawyer?
There’s no charge for your initial consultation with Smith & Jones Law. Workers’ compensation attorneys generally work on a contingency basis, so you don’t pay attorney fees up front, and fees in these cases are subject to approval by the Workers’ Compensation Commission.
What if I am unable to return to my old job?
If your back injury permanently limits what you can do, you may be entitled to wage-loss or disability benefits that reflect that lasting impact. The benefits available at maximum medical improvement depend on which part of state law applies to your injury, so it helps to have someone who knows the system in your corner.
This article offers general information about South Carolina law and isn’t legal advice. For help with your specific situation, contact Smith & Jones Law for a free consultation.