Charleston Work-Related Back Injury Lawyer

If you’ve suffered a back injury on the job in South Carolina, you generally can’t sue your employer. But you may still be entitled to compensation. The most common way to recover compensation after injuring your back at work is through workers’ compensation. In some cases, you may also have a claim against a third party. 

The best way to find out what type of compensation you’re entitled to and whether a settlement you’ve been offered is fair is to talk to an experienced Charleston workers’ compensation attorney

On-the-Job Back Injuries

Back injuries are among the most common types of work injuries. Back injuries happen in many different ways, from falls and motor vehicle accidents to strains. Overexertion is one of the most common causes of work injury. In one recent year, overexertion accounted for more than 500,000 injuries that required time away from work or work restrictions. Back injuries were the most common type of work-related exertion injury. 

Compensation for South Carolina Work Injuries

The South Carolina workers’ compensation system allows injured workers to get medical care and replacement income without the stress, conflict, and delay of a lawsuit against their employer. Workers’ comp also provides medical care and replacement income in cases where the worker’s injury wasn’t the employer’s fault and the worker wouldn’t have a negligence claim. 

That system is good for injured workers in many ways, but also has some downsides. One of those is that the types of compensation available through a workers’ compensation claim are limited. For example, workers’ compensation doesn’t pay damages for things like pain and suffering, or cover non-medical expenses like the need for someone else to transport your children to school, clean your house or mow your lawn. And, because workers’ compensation is an exclusive remedy, an injured Charleston worker typically can’t pursue the employer for those other losses–even if the employer was negligent. 

The Workers’ Comp Claims Process Isn’t Always Easy

Even though workers’ compensation is meant to reduce friction and give injured workers easier access to benefits, you may have to fight for your benefits. The workers’ compensation system in South Carolina is an insurance system. The employer either purchases a workers’ compensation insurance policy from a private insurance carrier or is “self-insured,” meaning that they will pay for claims out of their own pocket. In either case, the workers’ comp payout impacts somebody’s bottom line. 

Most workers don’t encounter problems if they need a single doctor visit or miss a week of work due to an on-the-job injury. But longer-term, more serious injuries may be treated differently. And, back injuries are often longer-term or more complicated. For example: 

• A spinal injury may require one or more surgeries and associated recovery time
• Back injuries often occur in jobs involving physical labor, and leave the employee unable to perform that type of work for an extended time
• A back injury may lead to lifelong limitations

Obviously, in those situations, the insurance carrier is looking at larger costs, such as: 

• Larger medical bills, perhaps across a much longer period
• Longer-term replacement income, if the company is unable or unwilling to offer work that complies with the injured worker’s medical restrictions
• A settlement for any permanent injuries

With more money on the table, the insurance carrier may become more difficult to work with. That’s especially true if you are permanently disabled–even partially. The more you have at stake, the more important it is to hire an experienced Charleston workers’ compensation lawyer.

Third-Party Claims in Work Injury Cases

Though South Carolina law prohibits more negligence cases against your employer and limits your recovery to workers’ compensation benefits, you may have other claims. Imagine, for example, that you injured your back in a motor vehicle accident while making a delivery for your employer in a company vehicle. 

Since the injury occurred in the course of your employment, you would generally be entitled to workers’ compensation benefits. But, in a case like this, the injured worker may have an additional claim against the driver who caused the accident. You can’t double dip–for example, you can’t collect the same lost wages from both workers’ compensation and the responsible driver. But, a personal injury claim against the driver who hit you may allow you to collect additional damages that weren’t available under workers’ compensation. For example: 

• Workers’ compensation replaces 66.67% of lost income during the time you’re permanently disabled, but a personal injury suit could bring that to 100%
• A personal injury claim may allow you to recover damages in categories that aren’t covered by workers’ compensation, such as pain and suffering
• Workers’ compensation benefits top out at 500 weeks, even if your injuries are permanent, but a negligent driver’s liability may go further

Get Help With Your Work-Related Back Injury

The best attorney for your work-related back injury is typically one who has experience with both workers’ compensation claims and personal injury cases. That combined experience will allow your attorney to fully assess the compensation available to you and pursue maximum benefits. 

Charleston work injury attorney Frank Hartman has devoted his legal practice to helping injured people in and around Charleston, South Carolina. He offers free consultations to ensure that injured people have the information they need to make good decisions for the future. You can schedule yours right now by calling 843-300-7600 or filling out our contact form.