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.
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.