South Carolina Workers’ Comp Benefits for Lumberjacks & Loggers
Learn how to file a workers’ compensation claim after suffering an injury as a logger or lumberjack in Columbia
In South Carolina, the forest industry stands as a towering pillar of economic strength, contributing a staggering $23.2 billion to the state’s economy. Leading the charge in job creation, positioned second for labor income, and ranking third in direct economic output, this sector showcases the critical role of loggers and lumberjacks.
However, this vital industry comes with inherent risks, particularly for those who work directly in the heart of the forests. In the event of a serious injury, it’s crucial for these workers to understand their eligibility for workers’ compensation benefits and how to file a claim so they can get the financial assistance they need during their recovery.
If you have questions about your right to workers’ comp benefits or want help filing a claim, reach out to the experienced Columbia work injury attorneys at Smith, Born, Leventis, Taylor & Vega to schedule a free consultation.
Are logging jobs dangerous?
Yes, in fact, the Occupational Safety and Health Administration (OSHA) ranks logging as the most dangerous occupation in America.
So, how many loggers get killed every year?
Loggers are more than 30 times more likely to be killed on the job than other private industry workers in the United States, according to the U.S. Bureau of Labor Statistics (BLS).
According to the most recent data available, in the 10-year span between 2006 and 2015, about 66 loggers died every year out of approximately 50,000 employed loggers across the country.
About 80% of those deaths were due to injuries from heavy equipment or objects, with contact with trees being the most reported type of fatality.
What is the biggest danger that loggers face?
Loggers confront various daily risks, primarily due to operating alongside substantial, hefty machinery capable of causing severe injuries or fatalities. Additionally, they need to stay alert to dangers such as falling, sliding, or rolling trees and logs, which become significantly heightened with adverse environmental conditions.
Challenges include navigating through rough, uneven, or unstable ground, contending with harsh weather conditions like snow, rain, strong winds, or extreme cold, and working in remote locations far from immediate medical services.
What are the most common logging injuries?
In 2015, the rate of nonfatal injuries and illnesses resulting in days away from work among logging workers in the private sector was 133.2 per 10,000 full-time equivalent (FTE) workers, according to the BLS. This figure is approximately 40% higher than the overall rate for the private sector that year, which stood at 93.9.
The most common serious logging injuries include the following:
- Struck-by injuries. Loggers often suffer from being struck by falling branches, logs, or flying debris, leading to serious injuries like traumatic brain injuries and spinal cord injuries.
- Fall-related injuries. Slippery, uneven terrain and working at heights can lead to falls, resulting in fractures, sprains, and other serious injuries.
- Cuts and lacerations. The use of chainsaws and other sharp tools frequently results in cuts, lacerations, and the loss of fingers or limbs.
- Crush injuries. Loggers can be pinned or crushed by heavy machinery or falling trees, leading to crush injuries with severe outcomes like amputations in some cases.
- Noise-induced hearing loss. Continuous exposure to loud machinery without proper ear protection can lead to long-term hearing damage.
Do loggers get workers’ comp benefits in South Carolina?
Yes, if you suffer a work-related injury, illness, or disease as a lumberjack or logger in South Carolina, you’re likely entitled to workers’ comp benefits as long as you’re classified as an employee.
Unfortunately, if you’re one of the approximately 25% of loggers who work as an independent contractor, you don’t qualify for workers’ comp, but depending on the circumstances of your injury, you may have other legal options for recovering compensation.
If you’re unsure if you’re classified as an employee or if you believe you’ve been misclassified, reach out to a work injury attorney who can help you understand your legal rights.
Compensation for SC Independent Contractors After a Work Injury
Learn about your legal rights as an independent contractor after an injury at work.
What workers’ compensation benefits are injured loggers entitled to?
In South Carolina, workers’ compensation covers a range of benefits for employees who suffer work-related injuries or occupational diseases. These benefits include:
- Medical expenses. Workers’ compensation pays for all necessary medical treatments related to the work injury or illness. This includes hospital visits, doctor appointments, medication, surgeries, and rehabilitation.
- Disability benefits. These benefits compensate for two-thirds of lost wages if the injury or illness prevents the employee from working. They are categorized into different types based on the severity and duration of the disability:
- Temporary total disability (TTD). This provides a portion of the employee’s average weekly wage if they are completely unable to work for a temporary period.
- Temporary partial disability (TPD). This offers compensation if the employee can return to work but at a reduced capacity or lower earnings.
- Permanent partial disability (PPD). This applies if the worker sustains a permanent injury that does not completely limit their ability to work.
- Permanent total disability (PTD). This applies to injuries that permanently prevent the employee from working in any capacity.
- Mileage reimbursement. Employees are often eligible for reimbursement for travel expenses related to medical treatment for their work-related injury or illness.
- Vocational rehabilitation. If the injury prevents the employee from returning to their previous job, they may be eligible for vocational rehabilitation services, which aim to help them find new employment or retrain for different work.
- Death benefits. If a work-related injury or illness results in death, the employee’s dependents may receive compensation. This typically includes a portion of the deceased worker’s wages and coverage for funeral expenses.
Workers’ compensation in South Carolina is designed to provide these benefits without the need for the injured worker to prove fault on the part of the employer. It’s a no-fault system intended to ensure quick and effective medical treatment and financial support for injured workers.
How long do you have to report an injury at work in SC?
In South Carolina, you’re required to report an injury or illness to your employer within 90 days of the accident or discovery of the condition to be eligible for workers’ compensation benefits. However, it is highly recommended to report the injury or illness as soon as possible to avoid delays in receiving benefits and to ensure all details are accurately recorded and processed.
After notifying your employer, they’re required to file a claim with their workers’ comp insurance company. If they refuse to do so, you can file a claim yourself by submitting Form 50 to the South Carolina Workers’ Compensation Commission.
Looking for the best Columbia work injury attorney after a logging injury?
Lumbermen and forestry workers often encounter unique hurdles when navigating the complexities of workers’ compensation claims.
The difficulty in linking chronic conditions such as back and shoulder injuries or hearing loss directly to workplace activities can pose significant challenges, especially when these symptoms emerge slowly over time. Additionally, the remote nature of forestry work can complicate access to medical treatment and documentation, further hindering the claims process.
At Smith, Born, Leventis, Taylor & Vega, we understand the specific issues faced by those in the forestry sector and are equipped to provide the specialized support needed. Our experienced Columbia work injury attorneys are committed to guiding you through every step of the workers’ compensation process, ensuring your rights are protected and you receive the compensation you deserve.
