Back injuries are among the most common and costly workplace injuries in South Carolina. Whether it’s a herniated disc from lifting heavy equipment or chronic pain from years of repetitive motion, these injuries can sideline workers for weeks, months, or even permanently. That’s where workers’ compensation comes in.
But how much can you expect to receive for a back injury? What factors affect your settlement? And what should you do if your claim is denied?
We’ve got the answers you’re looking for.
Common Causes and Types of Work-Related Back Injuries
Back injuries can happen in a split second or develop slowly over time. Common causes include:
- Lifting heavy objects without proper support
- Slips, trips, and falls
- Repetitive motion or poor ergonomics
- Vehicle accidents while on the job
- Sudden impacts or collisions
The types of back injuries that typically qualify for workers’ comp include:
- Herniated or bulging discs
- Fractured vertebrae
- Spinal cord damage
- Chronic lower back pain
- Nerve compression (sciatica)
- Muscle strains and ligament tears
In South Carolina, workers’ compensation requires a work-related injury, employer notice within 90 days, and Commission claim filing within two years, with exceptions for repetitive trauma or occupational disease.
Workers’ Compensation Benefits for Back Injury Claims
In South Carolina, workers’ compensation covers:
- Medical costs such as surgery, therapy, medication, and rehabilitation.
- Wage replacement, typically two-thirds of your average weekly wage, is subject to state limits.
- Permanent disability benefits, based on the impairment rating and the statutory schedule.
According to § 42-9-30(21), back-injury benefits depend on the percentage loss of use:
- For a 49 percent loss or less, benefits may be paid for up to 300 weeks.
- For a 50 percent loss or greater, the law presumes total and permanent disability under § 42-9-10(B), allowing benefits of up to 500 weeks. This presumption is rebuttable, and in certain cases, the South Carolina Workers’ Compensation Commission may authorize payment as a lump sum.
If other injuries are present, awards may be adjusted based on the overall disability. South Carolina’s system does not award separate damages for pain and suffering, though pain may affect the impairment rating that determines benefits.
Key Factors That Affect Settlement Amounts
Settlement value varies by:
- Severity and type of injury (e.g., spinal cord vs. muscle strain)
- Impairment rating determined by medical evaluation
- Extent, cost, and duration of medical care
- Need for ongoing rehabilitation, therapy, and future medical treatment
- Whether the injury prevents you from working or limits your duties
- Pre-existing conditions or concurrent injuries
Other eligibility factors include whether the injury is work-related, a result of force or repetitive stress, and if intentional injury or intoxication played a role.
Timeline and Settlement Options
Two primary forms of settlements are available:
- Lump-sum settlement, a one-time payment, is usually made when future medical needs are predictable.
- Structured settlement, ongoing payments for cases requiring continued care.
The South Carolina Workers’ Compensation Commission may need to approve settlements, particularly those that waive future benefits.
What If Your Claim Is Denied?
If your back injury workers’ comp claim is denied, you still have options. You may request a hearing before the South Carolina Workers’ Compensation Commission, where a Commissioner will review evidence and decide your case. Having an attorney present evidence, medical records, and witness testimony can make the difference between approval and continued denial.
Why You Should Speak With a Workers’ Comp Lawyer in South Carolina
Calculating a fair settlement for a back injury is complex. From understanding the statutory injury chart to preparing for hearings, every step affects how much you recover. An experienced workers’ comp lawyer can secure a fair impairment rating, negotiate with insurance adjusters for maximum value, and protect your rights to future medical treatment and representation in hearings and appeals.
If you’ve suffered a back injury at work, you don’t have to go through the workers’ compensation process alone. The team at Stewart Law Offices is here to guide you every step of the way. We’ll fight to make sure you get the medical care and compensation you deserve. Call us today at 866-STEWART or contact us online to schedule your free consultation.
