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Workers Compensation for Back Injuries

November 23, 2015

Workers’ Compensation for Back Injuries: What You Need to Know

Blue- and white-collar workers alike are susceptible to back injuries. While those with jobs that require extensive physical labor are most likely to suffer from a back injury, employees who spend most of their workday at a computer have also reported injuries severe enough to miss work. 

The Bureau of Labor Statistics estimates that back injuries account for nearly 20% of all workplace injuries. If you’ve been hurt at work, you may be entitled to workers’ compensation for your back injury. Learn more about how you can get the benefits you deserve.

What is Workers’ Compensation?

Workers’ compensation is a government-mandated, no-fault insurance program meant to provide benefits to employees who are injured on the job. The benefits offered by this program typically include medical care, lost wages, and permanent disability, so that the injured employee can have sufficient time and resources to recover. 

Who Is Eligible for Workers’ Compensation Settlements for Back Injuries?

If you have been injured at work, you have the right to file a workers’ comp claim. Workers’ compensation is meant to protect employees who sustain injuries (including to the back) on the job and to ensure they receive necessary medical attention. 

Factors That Influence Work-Related Back Injury Settlements

According to the Occupational Safety and Health Administration (OSHA), the average settlement for back injury-related claims ranges from $40,000 to $80,000. However, the actual amount of settlement money you may receive following an injury can vary due to numerous factors, including: 

  • Types of back injury sustained
  • Extent of the back injury 
  • Medical treatments, including surgery
  • Unpaid bills 
  • Potential future medical expenses 
  • Loss of income
How Do I File a Workers’ Compensation Claim?

If you’ve suffered a back injury on the job, you should report it immediately. However, you must  provide notice and/or file a report with your employer’s human resource department within 90 days of your accident. Failure to provide notice and/or file the appropriate reports can result in a loss of workers’ compensation benefits and wellness support from your employer. Once you’ve submitted an incident report, you have up to two years to file a claim. To follow through with your claim, your employer must file a claim with the South Carolina Workers’ Compensation Commission (SCWCC)

If your employer’s insurance accepts your claim, you could begin receiving benefits immediately. If your workers’ comp claim is denied, request the reason for denial in writing and hire an attorney to help you appeal the decision. 

Need to File a Workers’ Compensation Claim for a Back Injury? - Bernstein & Bernstein Has Your Back

If you’re experiencing resistance in your attempt to file a workers’ comp claim, our experienced attorneys can help you get the benefits and compensation you deserve. The process of filing for workers’ compensation for back injuries can be confusing and difficult to navigate on your own. That’s why it’s best to hire a trained legal team to advocate for you every step of the way. 

Working with our team will help you get access to the medical care and financial support you need for a full recovery, and to get the benefits for which you are entitled. Although seemingly small, these details can make all the difference, and they should not be left up to your employer or their insurance carrier, who may not have your best interests in mind. 

Call us today at (803) 799-7900 to schedule a free, no-obligation consultation and get started on your road to recovery. 

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