Legal Question in Workers Comp in South Carolina
Back Pain
I fell on the job in 2007. I've been released from my doctor in 2009 of March. My fall caused 2 nerves to pop out of the opening of the lower lumbar - right severe - left moderate.
I will be going before the WC Commission Board in about 4 weeks and have been told that my doctor gave me a 9% rating of disability to my back. I have had 4 injections and therapy during Sept. 08 - March 09. I still need medication for the pain. I can't sit long, stand long or even lay on my back. I don't understand the 9% rating and fear that my settlement will hardly help as each injection costs $1800.00. Can you tell me what type of compensation I can look forward to receiving based on this information I just told you about. I'm afraid that I will be in pain the rest of my life. I am 53 in June 09.
1 Answer from Attorneys
Re: Back Pain
No, I cannot tell you what sort of compensation you are going to get. Please understand, I would if I could, but I simply do not have enough information to do that. There is a formula that is used and amoung other things, it includes what your wages were at the time of the accident. Plus, I am not privy to your medical reports, which would be crucial in arguing the claim. A Workers Compensation attorney would need to work the formula, review the medical records, consult with a separate phycisian if necessary, consider occupation rehabilitation, maybe do a functional capacity evaluation, obtain medical documentation on future pain and suffering, future lost wages, future medical treatment along with the costs, and the list goes on and on. There can be a lot of work and preparation that goes into being prepared for one of these hearings. There are also different types of settlements, such as what is referred to as a Clincher and various Structured Settlements which can leave certain matters open for the future. I really, really, really hope that you will be legally represented for the hearing. As you can see, these are extremely important. I wish you the best.
You can email if you have other questions or call.
Robert Johnston
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