SC Workers’ Comp for Sanitation Workers & Waste Collectors
Learn if you qualify for workers’ comp after an injury
as a sanitation worker and how to maximize your
benefits in Columbia
Sanitation workers are the unsung heroes of our communities, ensuring a clean and healthy environment for everyone in Columbia and throughout our state. However, their essential work can come at a cost—a risk of injury on the job. If you’re a sanitation worker in South Carolina and have been injured on the job, understanding your workers’ compensation rights is crucial.
This guide will delve into the specifics of workers’ compensation for sanitation workers in South Carolina and answer questions like:
Do sanitation workers qualify for workers’ comp in South Carolina?
What benefits am I entitled to after an injury?
How do I file a SC workers’ comp claim?
If you have individual questions or want help filing a claim, reach out to the experienced Columbia workers’ compensation attorneys at Smith, Born, Leventis, Taylor & Vega to schedule a free consultation.
What are the risks to sanitation workers?
Sanitation workers face several health and safety risks on the job. According to the Centers for Disease Control and Prevention (CDC), in 2021, refuse and recyclable materials collection jobs ranked 7th in the U.S. for workplace deaths, with about 75% of these workers experiencing on-the-job injuries, illnesses, or deaths that year.
This high rate of injuries and fatalities is the result of the many unique hazards in sanitation that can impact a worker’s safety and health, including:
- Chemical exposure and biological hazards. Contact with hazardous chemicals and infectious waste, such as medical waste and sharps, or improperly disposed items can lead to chemical burns, respiratory issues, or poisoning, as well as the transmission of diseases and infections.
- Vehicle accidents. Work-related vehicle crashes or sudden maneuvers can cause the truck to tip over, injuring workers outside the truck as well as the workers inside.
- Struck-by incidents. Collecting bins and navigating the roadside raise the risk of being hit by passing vehicles. Loose trash or falling debris during collection can also strike workers.
- Environmental hazards. Extreme weather, noise, and pests create various risks for short- and long-term health.
- Psychological hazards. Stress, fatigue, and unpleasant working conditions can impact mental health.
- Ergonomic hazards. Repetitive motions and awkward postures can cause injuries to muscles and joints over time.
- Slips, trips, and falls. Uneven terrain, getting in and out of trucks, and bad weather conditions create a constant hazard. These workplace slip and fall accidents can lead to serious injuries.
In many cases, these accidents can be prevented when workers are provided with proper training, pay careful attention to their surroundings, and adhere to safety protocols.
South Carolina Workers’ Comp for
Chronic Pain Syndrome
Learn how to prove your chronic pain is work-related so you can get maximum workers’ compensation benefits.
What is the most common injury for garbage collectors?
The most common injury for garbage collectors is musculoskeletal injuries, particularly sprains and strains. These injuries often result from the repetitive heavy lifting and carrying of garbage bags and bins, as well as from the frequent bending, twisting, and reaching that’s required to perform their jobs.
These repetitive motions can place significant strain on the muscles, tendons, and ligaments, commonly leading to injuries in the back, shoulders, and knees. Additionally, slip and fall accidents also contribute to the high incidence of musculoskeletal injuries among garbage collectors.
Other common injuries for garbage collectors include:
- Broken bones. These can occur if workers fall, get struck by moving vehicles or heavy equipment, get hit by falling objects, or get their arm or other body part caught in moving parts on the truck.
- Spinal cord injuries. These serious injuries can occur from falls, accidents, getting struck by other vehicles, or heavy lifting, potentially resulting in partial or complete paralysis.
- Traumatic brain injuries (TBIs). These injuries can result from falls, being struck by heavy objects, or vehicle accidents, leading to significant cognitive and physical impairments that require extensive medical care.
- Amputations. Accidents involving machinery, sharp objects, or heavy equipment can lead to severe injuries that necessitate the amputation of limbs or digits.
Can sanitation workers in SC get workers’ comp benefits?
Yes, sanitation workers in South Carolina are generally eligible for workers’ compensation benefits. Workers’ comp laws in South Carolina, as in most states, cover employees who are injured or become ill due to work-related activities or environments.
Here’s how it typically works:
- Employee vs. contractor. Benefits apply to employees (like those directly employed by sanitation companies), not independent contractors.
- No-fault system. Workers are typically entitled to benefits regardless of fault (except for misconduct or intoxication). This means that in most cases, you can get workers’ comp benefits even if you caused the accident that led to your injury.
- Employer obligation. In South Carolina, most employers with 4 or more employees must carry workers’ compensation insurance covering medical expenses, lost wages, and other benefits for work injuries.
It’s important to note that while workers don’t need to prove anyone was at fault to get workers’ compensation benefits, they do need to be able to prove that their injuries, illnesses, or occupational diseases were direct results of their job duties or work environments.
What does workers’ comp cover in SC after a sanitation worker injury?
In South Carolina, workers’ compensation covers a range of benefits for employees who suffer work-related injuries, illnesses, or diseases. Here are the main aspects of what workers’ comp covers in SC:
- Medical benefits. Workers’ compensation will cover the costs of doctor visits, hospital stays, surgeries, medications, medical supplies, and other necessary treatments for your work-related condition.
- Lost wages. If you can’t work due to a work injury, illness, or disease, workers’ compensation will provide a portion of your regular wages (typically two-thirds) to help you financially during your recovery.
- Vocational rehabilitation. If your injury prevents you from returning to your old job after recovery, workers’ compensation offers job retraining programs to help you transition to a suitable position.
- Death benefits. In the tragic event that a worker dies from a work-related injury, illness, or disease, their dependents will receive financial support from workers’ compensation, including funeral expense compensation and ongoing weekly payments based on a percentage of the worker’s wages.
- Additional benefits. Workers’ compensation may also cover other benefits, such as mileage reimbursement for travel to and from medical appointments and compensation for permanent scarring or disfigurement from your injury.
Overall, workers’ comp in South Carolina provides crucial financial and medical support to employees who suffer work-related injuries or illnesses, aiming to facilitate their recovery and help them return to work when medically possible.
If you’re unsure of what workers’ comp benefits you’re entitled to or want help determining how much your claim is worth, reach out to a local workers’ compensation attorney for help.
When Will I Get a Settlement Offer
From Workers’ Comp?
Learn when you’re most likely to get a settlement offer from workers’ comp and how to know if you should accept it.
What steps do I need to take to file a workers’ comp claim in SC?
Filing a workers’ compensation claim in South Carolina involves several steps to ensure you receive the benefits you’re entitled to. Here’s a step-by-step guide to what you need to do:
- Report the injury to your employer. Immediately notify your employer about your injury or illness, ideally in writing. South Carolina law requires you to report the injury within 90 days of its occurrence, but it’s best to do so as soon as possible after the injury happens.
- Seek medical treatment. You should seek medical attention as soon as possible after an injury. By doing so, you not only receive prompt treatment but also documentation that links your injury to your job, which will be necessary for a successful claim. If emergency treatment is necessary, you can go to the nearest emergency room. Otherwise, your employer may provide you with a list of approved health care providers. Make sure to inform the medical provider that your injury is work-related.
- Verify that your employer files a claim. After you notify your employer of your work-related injury or illness, they’re required to file a claim on your behalf by filing Form 50 with the South Carolina Workers’ Compensation Commission. If they don’t file this claim, you can file it yourself, but this is a sign that they’re likely going to challenge your claim, so you may want to contact an attorney for help with the process.
Throughout the process, it’s essential to keep detailed records of all communications, medical bills, receipts, and any other documents related to your injury and workers’ compensation claim. If you encounter difficulties or have questions, consider seeking advice from a workers’ compensation attorney who can guide you through the process and ensure your rights are protected.
Get help from an experienced SC workers’ compensation attorney
If you’ve suffered a serious injury as a sanitation worker in South Carolina, you don’t have to navigate this process alone. At Smith, Born, Leventis, Taylor & Vega, our experienced Columbia workers’ compensation attorneys are here to fight for you. When accidents happen, we help injured workers understand their rights so they can get the financial support they deserve.
Schedule a free consultation with us today. We can answer your questions and handle the legal process for you so you can focus on healing.
References
Refuse Worker Safety | NIOSH | CDC. (2023, May 16). www.cdc.gov. https://www.cdc.gov/niosh/newsroom/feature/refuse-worker-safety.html
