Workers’ Comp Essentials for Columbia, SC Police Officers
Understand your right to workers’ comp benefits after an injury in the line of duty and how to maximize your claim in Columbia
Columbia’s police officers put their lives on the line every day to keep our community safe. But what happens when the unthinkable occurs and an officer is injured in the line of duty? The physical and emotional recovery can be a long road, and financial burdens can quickly add to the stress.
If you’ve been injured as a police officer in South Carolina, this article will guide you through the specifics of workers’ compensation, detailing what benefits are available, how to file a claim, and what to do if a claim is denied.
Whether you’re dealing with an injury sustained on the job or are seeking information for a fellow officer or family member, this guide aims to provide valuable insights into securing the support and compensation our police officers deserve.
How dangerous is police work?
There’s no doubt that police work is inherently dangerous.
According to the U.S. Bureau of Labor Statistics (BLS), in 2021, fatalities among protective service workers, including firefighters, law enforcement personnel, and transit police, saw a significant increase of 31.9%, rising to 302 from 229 in the previous year, with police officers accounting for 116 of the 2021 fatalities.
This spike in deaths was largely attributed to violence, with nearly half of the fatalities resulting from homicides and suicides, and about a third from transportation incidents, marking the highest count of such deaths since 2016.
In the news:
South Carolina officer tragically killed in train crash
In a tragic incident in Easley, South Carolina, in August 2023, police officer Matthew Hare was fatally struck by a train while responding to a call to assist a person experiencing a mental health crisis. Officer Hare, along with another officer, found the individual in distress on the railroad tracks and was attempting to lead them to safety when he was hit.
The individual involved was taken into custody and faces charges, including public disorderly conduct. Lt. Ashley Anderson of the Easley Police Department praised Officer Hare as a hero for his actions. Officer Hare was only 22 years old, so it’s unclear if he has any family members who could be entitled to workers’ compensation death benefits after his untimely death in the line of duty.
Which type of injury is most common in policing?
In addition to the high risks of violence and transportation accidents, police officers frequently face injuries from other common causes, such as slip and fall accidents, contact with objects and equipment, and physical overexertion.
Here’s a closer look at some of the most common accidents and injuries within policing:
- Violence-related injuries. Confrontations and physical altercations pose significant risks, leading to injuries from assaults, such as cuts, gunshot wounds, and head injuries.
- Transportation accidents. Responding to emergencies or engaging in high-speed pursuits increases the risk of vehicle-related accidents, potentially leading to a range of injuries, from whiplash to concussions to spinal cord injuries.
- Slips, trips, and falls. These incidents can occur during foot chases or simply by tripping over obstacles while patrolling or conducting searches. Injuries from such accidents can range from minor bruises to more severe fractures or brain injuries.
- Contact with objects and equipment. Officers often interact with various objects and equipment, whether it’s during a struggle, handling crowd control barriers, or even accidents involving their own gear like firearms or batons. This can lead to serious cuts, bruises, and even amputation injuries.
- Overexertion and bodily reactions. The physical demands of policing can lead to overexertion injuries, which may occur from activities such as restraining a suspect, lifting heavy objects, or long periods of physical exertion without adequate rest. Common results include muscle strains, sprains, and other soft tissue injuries.
Given the variety and severity of potential injuries, it’s important for police officers to understand their rights and responsibilities when it comes to getting workers’ comp benefits to cover their medical expenses and lost wages during their recoveries.
Who is required to carry workers’ comp in SC?
In South Carolina, most employers are required to carry workers’ compensation insurance if they have 4 or more employees, meaning police officers are covered under workers’ comp. This includes full-time and part-time workers.
The requirement covers nearly all employers and employees within the state, including those in private and public sectors, with very few exceptions.
To be eligible for workers’ comp benefits, a worker doesn’t need to prove that their employer was at fault for their injury or occupational illness. Instead, they simply need to demonstrate that the injury or illness occurred in the course of and arose out of their employment.
This no-fault system ensures that workers can receive necessary medical treatment and compensation for lost wages without the burden of proving employer negligence, streamlining the process for accessing benefits.
For police officers and other public servants, this coverage is crucial, given the high-risk nature of their duties. Whether responding to an emergency, engaging in physical confrontations, or performing routine patrols, officers are covered for injuries sustained while on the job.
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Steer clear of these common errors to maximize your workers’ compensation benefits in South Carolina.
How much does SC workers’ compensation pay?
In South Carolina, workers’ compensation provides several key types of benefits to employees who suffer work-related injuries or illnesses:
- Medical benefits. Workers’ compensation provides coverage for all essential medical expenses associated with the injury or illness. This includes hospital visits, medical bills, prescriptions, and required medical equipment. There are no deductibles or copayments involved, and the coverage persists as long as a doctor deems the treatment necessary.
- Wage loss benefits. These benefits compensate for lost wages if an injury or illness prevents an employee from working, either temporarily or permanently. Typically, wage loss benefits amount to two-thirds of the worker’s average weekly wage, up to a maximum limit set by the state. These benefits are provided until the worker can return to work or reaches maximum medical improvement.
- Vocational rehabilitation benefits. If a worker cannot return to their previous job due to their injuries, vocational rehabilitation benefits are available to help them retrain or gain new skills. This assistance is aimed at enabling the injured worker to return to the workforce in a new capacity, helping them find suitable employment that accommodates their physical limitations.
- Death benefits. If a work-related injury or illness results in death, their dependents may be entitled to death benefits. These benefits typically include compensation for lost wages and can cover funeral and burial expenses up to a certain limit.
These benefits ensure that workers and their families receive the support they need to cope with the financial impacts of work-related injuries and illnesses.
Does workers’ comp pay for pain and suffering in South Carolina?
No, workers’ compensation in South Carolina does not cover pain and suffering. This system is designed to compensate for economic losses like medical expenses and lost wages, rather than non-economic damages such as emotional distress or physical pain.
The focus is on helping injured workers manage financial and medical recovery from work-related injuries without the need to establish fault.
Is PTSD covered under workers’ comp in South Carolina?
According to Section 42-1-160 of the South Carolina Code of Laws, post-traumatic stress disorder (PTSD) can be covered under workers’ compensation, but the eligibility for coverage depends significantly on whether the PTSD is accompanied by a physical injury.
- PTSD accompanied by physical injury. It’s more likely to be covered if it’s accompanied by a physical injury. For instance, if a police officer sustains a physical injury during a violent altercation and subsequently develops PTSD as a result, the condition is more likely to be recognized under workers’ compensation. The physical injury lends clear, objective evidence that can help substantiate the claim for PTSD.
- PTSD without physical injury. If the PTSD is not accompanied by a physical injury, the employee must prove that the PTSD arose from conditions of employment that were “extraordinary and unusual.” This is a higher threshold to meet, requiring substantial evidence. The employee must also demonstrate, typically through medical evidence, that these extraordinary work conditions were directly responsible for the PTSD.
Given the complexities involved in proving such claims, particularly when there’s no accompanying physical injury, it’s highly recommended that police officers consult with a workers’ compensation attorney before filing a claim.
An attorney can help gather the necessary evidence, navigate the legal intricacies, and advocate on the officer’s behalf to increase the chances of a successful claim.
What steps do I need to take to get workers’ comp in SC?
To secure workers’ compensation in South Carolina, it’s essential that you take these 2 initial steps as soon as possible:
- Promptly seek medical attention from an employer-approved doctor to document your injury and its connection to your job and begin treatment.
- Report the injury to your employer in writing within 90 days.
It’s then your employer’s responsibility to file a claim with their workers’ compensation insurance. If your employer fails to file the claim, or if your claim is denied, you should seek the assistance of an attorney who specializes in workers’ compensation to help navigate the process, ensure your rights are protected, and assist in appealing the denial if necessary.
Injured as a police officer in Columbia, SC? We can help!
If you’ve been seriously injured in the line of duty, the physical, emotional, and financial toll can be immense, so don’t settle for anything less than what you deserve.
The experienced Columbia work injury attorneys at Smith, Born, Leventis, Taylor & Vega understand the unique challenges faced by injured police officers in South Carolina. That’s why we work tirelessly to maximize workers’ compensation benefits for police officers and other first responders, ensuring they have the resources they need to support themselves and their families as they recover.
