A serious work injury can change your entire life. Any amount of damage to the spinal cord could be a catastrophic injury. Any person with a job-related spinal cord injury must take immediate action to protect their health, their well-being, and their legal rights. Here, our Spartanburg workers’ compensation lawyer provides a guide to the steps to take after suffering a spinal cord injury on the job in South Carolina.
Spinal Injury at Work? Emergency Medical Attention is a Must
The National Institutes of Health (NIH) cites data showing that there are approximately 17,000 spinal cord injuries reported in the United States each year. A significant share of spinal cord injuries is job-related. A spinal injury is one of the most serious types of workplace trauma. Immediate medical attention is critical to prevent permanent damage and preserve your right to workers’ compensation benefits. Symptoms such as severe back pain, numbness, weakness, or loss of coordination require emergency evaluation. Do not attempt to move or “walk it off.” Call 911 or have a coworker do so immediately.
What to Know About Spinal Cord Injury Workers’ Comp in SC
Did you or your loved one suffer a spinal cord injury while on the job in Spartanburg or elsewhere in South Carolina? It is imperative that you have a solid understanding of how the workers’ comp insurance system works. A spinal cord injury is among the most serious workplace injuries recognized under South Carolina law. These cases often result in long-term disability, substantial medical costs, and loss of earning capacity. South Carolina’s workers’ compensation system provides specific rights and remedies for injured workers. The South Carolina Workers’ Compensation Act is the key law. Here is what injured workers should know about the law:
- Workers’ Compensation is the Exclusive Remedy for Most Job-Related Spinal Injuries: In South Carolina, nearly all employers with four or more employees must carry workers’ compensation coverage. Under our state’s exclusive remedy doctrine (S.C. Code § 42-1-540), an employee injured in the course of employment cannot sue the employer directly for negligence. Instead, recovery occurs through the workers’ compensation system. The trade-off is that the worker receives guaranteed, no-fault benefits, but he or she cannot seek non-economic damages like pain and suffering from the employer.
- Medical Treatment Must Be Authorized by the Employer or Carrier: South Carolina law requires that medical care be provided by a doctor approved by the employer or its insurance carrier (S.C. Code § 42-15-60). The rule applies even in severe spinal injury cases. Emergency treatment can be obtained at the nearest hospital, but all continuing care (spinal imaging, rehabilitation, etc) must go through an authorized provider. Unfortunately, disputes often arise when the employer delays approval or challenges the need for certain procedures. Injured workers have the right to request a hearing before the South Carolina Workers’ Compensation Commission (SCWCC) to seek medical care.
- Spinal Cord Injury Workers’ Comp Includes Temporary/Permanent Disability Benefit: A spinal injury can prevent a worker from returning to the same position or any employment at all. South Carolina recognizes several categories of disability benefits: Temporary Total Disability (TTD) is paid when an employee is unable to work during recovery. The amount equals two-thirds of the worker’s average weekly wage, subject to a statutory maximum. Temporary Partial Disability (TPD) is available when an injured worker returns to light-duty work at reduced wages. Permanent Partial Disability (PPD) may be recovered when the spinal injury causes lasting impairment, but the worker can still perform some work. Finally, Permanent Total Disability (PTD) is reserved for the most severe spinal cord injuries that result in total loss of earning capacity, such as paraplegia or quadriplegia. These benefits are calculated based on the schedule set by S.C. Code § 42-9-30.
- Spinal Cord Injury Cases Often Qualify for Lifetime Benefits: In South Carolina, a worker who sustains paralysis, loss of both hands, arms, feet, legs, or vision, or any comparable total disability, is entitled to lifetime benefits. This provision covers catastrophic spinal cord injuries that prevent meaningful employment. Lifetime benefits include ongoing medical care, prescription coverage, durable medical equipment, and home or vehicle modifications. These cases often require independent medical evaluations (IMEs) and expert testimony to establish the extent and permanence of the injury. Because insurers frequently challenge lifetime classifications, legal representation is essential to preserve full entitlement.
- Vocational Rehabilitation and Future Medical Care are Protected Rights: Beyond wage replacement and medical benefits, South Carolina’s workers’ compensation law guarantees vocational rehabilitation services when a spinal injury prevents a worker from returning to their prior occupation. The employer or insurer must fund retraining, education, or job placement assistance under state law.
- A Third-Party Liability Claim May Provide a Path to Additional Compensation: While workers’ compensation limits claims against the employer, injured workers can pursue separate actions against negligent third parties. For example, if a delivery driver suffers a spinal injury in a crash caused by another motorist, a personal injury claim can be filed against that driver while still receiving workers’ compensation. Our Spartanburg, SC workers’ comp lawyer can help you navigate the third-party liability process if you or your loved one suffered a catastrophic spinal cord injury.
How Our Spartanburg Attorney Can Help With Spinal Injury Compensation Claims
A job-related spinal cord injury can change your entire life. It could make it difficult or even impossible to return to your job or any form of alternative employment. At McCravy, Newlon, Sturkie & Clardy Law Firm P.A., we are a law firm that puts injured victims first. Our case results and client testimonials tell the story of what we can do for victims with spinal cord trauma. From our Spartanburg law office, we strive to protect the rights of the workers who support the region’s economy. Spartanburg blends a revitalized downtown with deep industrial roots. The city’s identity reflects both Southern tradition and forward-looking innovation. Our law office is located in 29301, and we serve the entire city, including the zip codes of 29302, 29303, 29304, 29305, 29306, and 29307. Your initial consultation with our Spartanburg spinal cord injury lawyer is free.
Call Our Spartanburg, SC Work Injury Lawyer Today
At McCravy, Newlon, Sturkie & Clardy Law Firm P.A., our Spartanburg workers’ comp lawyers handle even the most serious of cases, including spinal cord injury claims. Did you or your loved one suffer spinal cord trauma at work? We can help. Contact us right away for a free, no obligation initial case review. From our conveniently located law office in the 29301 zip code, we handle work injury claims throughout the region in South Carolina.