Compensation for Workplace Back Injuries

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If you’ve suffered a spine injury while working in South Carolina, you’re probably facing not only physical pain but also a whirlwind of stress and uncertainty about your future. The good news is that you likely qualify for workers’ compensation benefits, which are designed to cover your medical treatment and provide partial wage replacement while you recover.

But knowing you should get benefits and actually getting them are two different beasts. The system, while intended to help, can feel like a maze with all the paperwork, deadlines, and insurance companies that aren’t exactly eager to pay out. Don’t let the hassle intimidate you.

If your back is screaming and your livelihood is on the line because of a work injury, call Joye Law Firm at (888) 324-3100. We’ve seen it all, and we’re ready to help.

Why Trust Your Spine Injury Case to Joye Law Firm?

You’re hurt, maybe out of work, and dealing with an insurance company that seems designed to frustrate you. You need help, not empty promises.

Since 1968, Joye Law Firm has been in the trenches, fighting for South Carolinians just like you. That’s over half a century of experience packed into our team. We’ve handled countless workers’ compensation claims, including complex spine injury cases, securing the benefits our clients needed to get back on their feet.

After a preventable construction site accident, Diane, an insulator apprentice, sustained significant cervical spine and shoulder injuries after being struck by a scissor lift. Despite initial resistance from the workers’ compensation insurer, Joye Law Firm attorney Matt Jackson secured a $160,000 workers’ comp settlement for Diane. Meanwhile, attorney Milt Stratos investigated a third-party personal injury lawsuit against the scissor lift operator’s employer. He uncovered critical safety failures, including non-functioning motion alerts on the lift and secured an additional $1.1 million in compensation.

Read the full case study.

Our lawyers have nearly 300 years of combined litigation experience, and many have been recognized by peers in publications like Best Lawyers in America® and South Carolina Super Lawyers®. In fact, eighteen of our attorneys were recognized in the 2025 Best Lawyers® lists for personal injury and workers’ compensation law.

Accessibility matters when you’re dealing with an injury. That’s why we have offices strategically located across South Carolina. Wherever you are in the state, from the Lowcountry to the Midlands to the Upstate, help is nearby. We pride ourselves on personalized service – you’re not just a case file to us.

Compensation for Your Spine Injury

South Carolina’s workers’ compensation system is set up to address an injured worker’s core financial concerns. It’s different from a typical personal injury lawsuit where you might hear about “pain and suffering” damages. Workers’ comp is primarily focused on tangible economic losses and medical care stemming directly from the work injury. Let’s break down what benefits are typically included:

Medical Benefits

This is straightforward: Workers’ comp should cover all reasonable and necessary medical treatment for your work-related spine injury. This isn’t just the initial emergency room visit. It includes:

Doctor’s appointments (though usually with an employer-chosen physician)
Diagnostic tests (MRIs, CT scans, X-rays)
Hospital stays
Surgeries (like disc fusions or laminectomies)
Physical therapy and rehabilitation
Prescription medications
Medical equipment (braces, walkers, etc.)

Be aware if you seek medical treatment from another physician without approval from

Partial Wage Replacement Benefits (Disability Payments)

If your spine injury prevents you from working or limits the type or amount of work you can do, workers’ comp provides partial wage replacement. This comes in different forms, depending on your situation:

Temporary Total Disability (TTD): If you cannot work at all while recovering, you receive TTD benefits. This is typically calculated as two-thirds (66.7%) of your average weekly wage earned before the injury, subject to a statewide maximum limit. These benefits start after you’ve missed seven days of work.
Temporary Partial Disability (TPD): If you can return to work but at a limited capacity (e.g., light duty) earning less than you previously did, TPD benefits can make up two-thirds of the difference between your pre-injury and current wages.
Permanent Partial Disability (PPD): Once your condition stabilizes (reaching Maximum Medical Improvement, or MMI), if you have a permanent impairment from the spine injury but can still work in some capacity, you may receive PPD benefits. For back injuries, South Carolina law (S.C. Code § 42-9-30(21)) provides compensation based on a percentage of loss of use of the back, up to 300 weeks of benefits (calculated at your TTD rate). Chronic back pain can qualify for PPD. An impairment rating assigned by the doctor plays a big role here.
Permanent Total Disability (PTD): If your spine injury is so severe that you are permanently unable to return to any meaningful employment, or if you lose 50% or more use of your back (which legally includes the neck in SC workers’ comp cases, per the Clemmons v. Lowe’s Home Centers, Inc. decision), you may be presumed totally and permanently disabled. PTD benefits can provide two-thirds of your average weekly wage for up to 500 weeks, or potentially for life in cases involving paralysis.

Calculating Your Due

Figuring out your “average weekly wage” (AWW) is the starting point. It’s usually based on your earnings over the 52 weeks before the injury. Calculating potential permanent disability benefits involves the impairment rating, the statutory maximums, and projecting future limitations.

If you work more than one job, and an injury at one job also stops you from working at your other job, your average weekly rate may be calculated based on the combined income from both jobs. This is known as “concurrent employment,” and your paperwork must be handled with skill to ensure you receive the partial wage replacement you deserve.

Spine Injuries & Workers’ Comp: The Nitty-Gritty

Types of Accidents Leading to Spine Injuries

Workplace back injuries often result from:

Overexertion: Lifting, pulling, pushing, or carrying objects that are too heavy or handled improperly.
Falls: Slipping on wet surfaces, tripping over obstacles, or falling from ladders, scaffolding, or vehicles.
Repetitive Motion/Strain: Performing the same movements over and over, like twisting, bending, or maintaining awkward postures for long periods (common in assembly lines, data entry, or healthcare).
Impact/Trauma: Being struck by an object, crushed, or involved in a vehicle accident while on the job.
Prolonged Sitting/Standing: Poor posture or lack of ergonomic support can gradually lead to chronic back issues.

Types of Spine Injuries Covered

Workers’ comp can cover a wide spectrum of spine injuries, including:

Sprains and Strains: Damage to ligaments or muscles in the back. While common, they can be debilitating.
Herniated or Bulging Discs: When the soft cushion between vertebrae ruptures or pushes out, pressing on nerves (also called slipped or ruptured discs).
Fractured Vertebrae: Broken bones in the spinal column, often from falls or impacts.
Spinal Stenosis: Narrowing of the spinal canal, putting pressure on the spinal cord and nerves. Can be caused or aggravated by work activities.
Sciatica: Pain radiating down the leg caused by compression of the sciatic nerve, frequently linked to disc problems.
Degenerative Disc Disease Aggravation: While wear and tear happens naturally, a work injury or repetitive strain can significantly worsen a pre-existing degenerative condition, making it compensable.
Spinal Cord Injuries (SCIs): Severe damage leading to potential paralysis or loss of function.
Cervical Spine Injury: Often resulting from trauma, can range from minor sprains to severe spinal cord damage.
Neck Fusion Surgery: Typically performed to address conditions like herniated discs, degenerative disc disease, or spinal stenosis.
Sacrotuberous Ligament (STL) Injury: This broad, fibrous ligament connects the lower spine to the hip bone and can be strained by sudden movements, falls, or repetitive stress. Injury to this area often results in stiffness, discomfort, and limited mobility in the lower back and hips.

Relevant South Carolina Laws and Concepts

Keep these points from the South Carolina Workers’ Compensation Act (Title 42) in mind:

“Arising Out of and In the Course of”: Your injury must happen because of your work duties and while you are performing them. (S.C. Code Ann. § 42-1-160)
Employer Notice: You must report your injury to your employer, preferably in writing, within 90 days. Failure to do so can jeopardize your claim. (S.C. Code Ann. § 42-15-20)
Claim Filing Deadline: You generally have two years from the date of the accident (or death) to file a claim (Form 50 or Form 52) with the SC Workers’ Compensation Commission. (S.C. Code Ann. § 42-15-40)
Employer-Directed Medical Care: Generally, the employer or their insurer has the right to choose the doctor who treats your work injury. Seeking unauthorized treatment might not be covered. (S.C. Code Ann. § 42-15-60)
No-Fault System: You don’t need to prove your employer was negligent to get benefits. Even if the accident was partly your fault, you’re usually covered (unless specific exceptions like intoxication apply). (S.C. Code Ann. § 42-1-160 implies this by focusing on the work connection, not fault).
Definition of “Back”: Importantly, South Carolina case law (Clemmons v. Lowe’s Home Centers, Inc.) has established that for workers’ comp purposes, particularly regarding disability ratings, the “back” includes the neck (cervical spine).

The Fight You Didn’t Sign Up For: Battling the Insurance Company

You reported your injury, saw the doctor, and figured help was on the way. Then reality hits. The insurance adjuster starts calling, asking confusing questions, or maybe they just go silent. Perhaps your claim is denied all together.

Welcome to the frustrating reality many injured workers face. Insurance companies, whether private carriers or the State Accident Fund (sometimes used by public employers), are businesses. Their goal is to minimize payouts, not maximize your recovery.

Tactics Insurers Use to Reduce or Deny Spine Injury Claims

Be prepared for potential roadblocks. Adjusters and insurers might:

Delay, Delay, Delay: Slow communication, unanswered calls, endless requests for “more information” – these tactics aim to frustrate you into giving up or accepting a lowball offer. They might delay authorizing necessary treatments or paying medical bills promptly.
Dispute the Work Connection: They might argue your back pain is from a pre-existing condition, normal aging, or an injury that happened outside of work. This is especially common with injuries that develop gradually (repetitive strain) rather than from a specific accident.
Downplay the Injury Severity: The insurer might pressure the doctor for a quick release back to work, challenge the need for surgery or extensive therapy, or push for a low impairment rating to reduce permanent disability payments.
Request Recorded Statements: They’ll ask to record your statement early on, hoping you’ll say something inconsistent or downplay your pain, which they can use against you later. Politely decline until you’ve spoken with an attorney.
Use Surveillance: Investigators might discreetly film you doing daily activities, hoping to catch something that contradicts your reported limitations (like lifting groceries when you claimed you couldn’t lift).
Offer Quick, Low Settlements: They might offer a lump sum early on, hoping you’ll take it out of desperation before the full extent of your injury and its long-term impact are known.
Independent Medical Examinations (IMEs): They have the right to send you to a doctor of their choice for an evaluation. These IME doctors often produce reports favorable to the insurer, disputing your treating doctor’s opinions.
Challenge Treatment Necessity: Adjusters may question whether certain tests, therapies, or surgeries recommended by your doctor are truly “reasonable and necessary,” delaying or denying approval.