If you’ve ever felt that sharp, unrelenting pain shooting down your legs after a long day on the job, or woken up unable to bend or stand without agony, you know how devastating spinal stenosis can be. This is especially true when it’s caused or aggravated by a workplace injury. In Columbia, South Carolina, many hardworking individuals face this injury, which makes even simple tasks feel impossible and may threaten their livelihood.
The legal team at Williams & Roche, LLC understands the toll spinal stenosis takes on injured workers and their families. Our Columbia workers’ compensation lawyers are ready to help you secure the benefits provided by state law. If you have concerns about your potential workers’ compensation benefits and the settlement value, read on to learn the specific factors that can influence your compensation.
What Is a Workers’ Compensation Settlement for Spinal Stenosis Worth?
It’s difficult to pin down an average workers’ comp settlement for spinal stenosis, as every case is unique. Workers’ compensation settlements for serious back injuries can vary significantly. In South Carolina, settlements for spinal stenosis cases depend entirely on individual circumstances and the specific losses documented. In Columbia, your final settlement amount will be a calculation based on SC laws and the details of your injury. Your potential compensation should be designed to address two primary areas of loss:
Medical Benefits
Workers’ compensation for your spinal stenosis includes all reasonable and necessary treatment related to the condition. This includes doctor visits, MRIs, surgery such as a laminectomy, physical therapy, medications, and braces. You generally must see a doctor chosen by your employer’s insurance company to evaluate your condition.
Wage Replacement or Indemnity Benefits
This is compensation for the loss of partial income when you cannot work or earn less due to your injury. It is paid at two-thirds of your average weekly wage, subject to a state maximum. The type and duration of benefits depend on your ability to work.
For instance, if you can’t work at all during recovery, temporary total disability (TTD) pays about 66 2/3% of the average weekly pay, up to the state maximum. This amount is subject to the state’s maximum weekly benefit rate, which is adjusted annually.
When it comes to permanent disability, a doctor assigns an impairment rating using AMA Guidelines after you reach maximum medical improvement (MMI). For back injuries, the back is treated as a whole person impairment. For loss of use up to 49%, you are compensated at 66 2/3% of AWW for up to 300 weeks. However, for 50% or more loss of use, you are presumed to have total and permanent disability, with benefits up to 500 weeks.
Factors That Determine Your Stenosis Workers’ Comp Settlement Value in SC
Many factors come into play when calculating the spinal stenosis workers’ comp settlement in Columbia, SC. Therefore, this makes it hard to maintain a fixed average settlement, making it essential to undertake an individual assessment of each case. However, based on reported outcomes and similar back injury cases, settlements can range widely. The final number depends on these key factors:
- The Severity and Permanence of Your Injury: The impairment rating assigned by your doctor at Maximum Medical Improvement is crucial. A higher rating indicates a greater permanent functional loss, resulting in a higher PPD award. Cases involving surgery, chronic pain, or permanent mobility restrictions dramatically increase potential settlement value.
- Your Medical Expenses: A settlement must account for all future care. For spinal stenosis, which can be a progressive condition, this may include costs for ongoing pain management, additional therapy, future surgeries, or adaptive equipment.
- Your Lost Wages and Earning Capacity: Your average weekly wage is the baseline. More importantly, if your injury prevents you from returning to your old job or forces you into lower-paying work, the loss of future earning capacity is a major component of your workers’ comp settlement for spinal stenosis.
- The Strength of Your Case: The biggest challenge in spinal stenosis claims is proving causation. Insurance companies frequently argue that the condition is due to age, genetics, or pre-existing arthritis rather than work. However, with strong evidence directly linking your job duties to the onset or worsening of your stenosis, a Columbia workers’ compensation lawyer can effectively present a high-value claim.
Sometimes, a lump-sum settlement may be negotiated to close part or all of a workers’ compensation claim in exchange for a one-time payment. In spinal stenosis cases, this option is frequently considered after the injured worker reaches maximum medical improvement, meaning further treatment is unlikely to substantially change the condition.
Speak With a Columbia Workers’ Compensation Lawyer About Your Spinal Stenosis Claim
If you’ve been diagnosed with spinal stenosis from a work injury, you deserve financial benefits so you can reclaim your future. A successful claim requires legal guidance to present detailed medical evidence of how the condition has changed your capacity to earn a living. Williams & Roche, LLC knows exactly how to evaluate these cases and what arguments persuade the South Carolina Workers’ Compensation Commission. Contact us online to help you fight for the settlement you deserve.
