A Guide to SC Workers’ Comp Benefits for Tree Trimmers
& Arborists
Learn about your rights to workers’ comp benefits and how to file a claim to maximize your compensation after an injury while trimming trees in Columbia
Tree trimmers play a vital role in maintaining the beauty and health of Columbia’s urban landscapes. They brave heights, handle powerful equipment, and ensure our trees continue to thrive. But this essential work comes with inherent risks.
In this article, we’ll delve into the specific hazards tree trimmers face, the common injuries they sustain, and, most importantly, how workers’ compensation can help protect them in the event of an on-the-job accident in South Carolina.
If you have any questions or want help filing a claim, contact the experienced Columbia workers’ compensation attorneys at Smith, Born, Leventis, Taylor & Vega to schedule a free consultation.
What are the hazards of tree trimmers?
According to the Bureau of Labor Statistics (BLS), there are approximately 50,000 tree trimmers and pruners employed nationwide. While their workforce is strong, their job comes with many daily hazards that put them at risk of serious injuries.
Some of the most significant risks for tree trimmers include:
- Fall hazards. Tree trimmers often work on ladders at significant heights, increasing the risk of falling. This can happen due to weak or unstable branches, slippery surfaces, uneven terrain, improper use of climbing gear, or loss of balance.
- Falling objects. Branches, tools, and other debris can fall from above, posing a serious risk to workers on the ground and those working at lower heights.
- Electrical hazards. Working near power lines is common for tree trimmers. Accidental contact with live wires can lead to electrocution, burns, or even death.
- Vehicular accidents. Working near roads or in urban areas can expose tree trimmers to the risk of being struck by vehicles.
- Flying debris. Flying debris like branches, wood chips, and other materials can be propelled at high speeds during cutting and trimming operations. This debris can cause serious injuries to the eyes, face, and body, making it essential for tree trimmers to wear appropriate personal protective equipment (PPE) such as safety goggles, face shields, and protective clothing.
- Repetitive motions. The physical demands of tree trimming, including repetitive motions and heavy lifting, can lead to musculoskeletal disorders and repetitive stress injuries, such as back pain, joint issues, tendonitis, and carpal tunnel syndrome.
- Loud equipment. Frequent use of chainsaws and wood chippers without the use of PPE like earplugs or ear muffs, can damage hearing and lead to hearing loss over time.
- Sharp objects. Chainsaws, handsaws, pruners, thorns, and sharp branches all pose serious risks if not handled properly, making it essential that workers receive proper training and follow all safety protocols.
- Exposure to the elements. Extreme weather conditions, such as high winds, rain, or lightning, can create unsafe working conditions, increasing the risk of accidents. Working outdoors in extreme temperatures can also lead to heatstroke, hypothermia, or sunburn.
While falls from heights and electrocution are the leading causes of death in tree trimmers, all of these hazards can lead to serious injuries that require extensive medical care and time off work.
In the news:
South Carolina worker killed in electrocution accident while trimming trees
A tragic work-related accident occurred when two tree trimmers were electrocuted while working near Savannah Highway and Bees Ferry Road. Emma Lopez-Garcia, 31, of North Charleston, died after being taken to the Medical University of South Carolina.
The incident happened on June 28 at around 8:30 a.m. when one worker, standing on a 6-to-9-foot metal ladder, came into contact with overhead electrical wires. The second worker was holding the ladder at the time. Both were private landscaping contractors, not affiliated with Dominion Energy, which, along with the Charleston County Sheriff’s Office, responded to the scene.
This unfortunate incident underscores the critical importance of comprehensive safety training for workers, particularly in high-risk occupations like tree trimming. Proper training can equip workers with the knowledge and skills to identify and avoid potential hazards, such as electrical wires, and prevent these tragic deaths.
What are the most common types of injury in tree care?
Unfortunately, the hazards mentioned above often lead to catastrophic injuries and fatalities for tree trimmers, many of which are 100% avoidable. The most common injuries include:
- Amputations. Accidents involving chainsaws or other cutting equipment can lead to severe lacerations or amputations. The use of sharp tools and heavy machinery in close proximity to limbs makes these types of injuries a constant hazard.
- Brain injuries. Falls from significant heights or being struck by heavy branches can cause traumatic brain injuries (TBIs). These injuries can lead to long-term cognitive impairments, loss of motor function, and other serious health issues.
- Spinal cord injuries. Falls or heavy impacts can also result in spinal cord injuries, potentially leading to partial or complete paralysis. These injuries often require extensive medical treatment and rehabilitation, drastically affecting the injured person’s quality of life.
- Crush injuries. Falling trees and branches can lead to broken bones, internal bleeding, and organ damage.
It’s the responsibility of both employers and employees to ensure that safety equipment is used to help prevent these injuries. Proper training, adherence to safety protocols, and regular equipment maintenance are also crucial in minimizing the risk of accidents and ensuring a safe working environment for tree trimmers.
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Can tree trimmers in SC get workers’ comp?
Yes, tree trimmers and arborists in South Carolina can typically receive workers’ compensation benefits if they’re injured on the job. South Carolina law requires most employers to carry workers’ compensation insurance, which provides benefits to employees who are injured or become ill due to their work.
However, there are a few factors that can affect eligibility for workers’ compensation in South Carolina:
- Employer size. Employers with less than 4 employees are not required to have workers’ compensation insurance, though they may still choose to provide it.
- Nature of employment. Unlike regular employees, independent contractors generally aren’t eligible for workers’ compensation coverage. However, if a tree trimmer is classified as an employee, they would be eligible for benefits.
It’s also important to understand that workers’ comp is a form of no-fault insurance, so injured employees are typically eligible for benefits even if they caused the accident that led to their injuries.
If you’re unsure if you qualify for workers’ comp or if you believe your employer has wrongfully misclassified you as an independent contractor, consult with a local Columbia workers’ compensation attorney who can help explain your rights.
What does workers’ comp cover in SC?
Workers who are injured or develop an occupational illness or disease as a direct result of their job duties or environments are eligible for a number of benefits through workers’ comp, including:
- Wage replacement. These benefits replace two-thirds of your average weekly wages, up to a maximum amount set annually by the South Carolina Department of Employment and Workforce. This helps maintain income stability while you recover from your injury. If you suffer a severe permanent injury, such as to the brain or spinal cord, you may be eligible to receive these benefits for the rest of your life.
- Vocational rehabilitation. If your injury prevents you from returning to work, you may be eligible for services that can help you find new employment or retrain for a different career path.
- Medical coverage. The workers’ compensation system covers all necessary costs associated with your recovery, including doctor visits, consultations with specialists, hospital stays, surgeries, physical therapy, medications, and any other medically necessary services and supplies.
- Death benefits. In the tragic event that a work-related injury results in your death, your dependents may be eligible for death benefits. These benefits provide funeral expenses and financial assistance to help replace your income and support your family.
Please note that the amount of compensation you can receive will depend on the severity of your injury and how it impacts your ability to work. A workers’ compensation attorney can help estimate the value of your claim so you understand how much it’s worth.
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How does workers’ compensation work in South Carolina?
A work-related injury or illness can be stressful and disruptive. Fortunately, South Carolina’s workers’ compensation program offers support to help you recover, but you don’t get these benefits automatically.
So, what are the steps for filing a workers’ comp claim in SC?
Below is a step-by-step guide to ensure you receive the benefits you deserve:
- Report the injury. Report all work injuries to your employer immediately after they happen, ideally in writing. If you develop an illness or disease that you suspect might be work-related, report it as soon as you become aware of the possible connection. There’s a strict 90-day window for reporting work injuries and illnesses to your employer. That means you have 90 days from your injury or the discovery of your work-related disease or illness to notify your employer before you become ineligible for compensation.
- Seek medical attention. Get authorized medical treatment as soon as possible. In non-emergency cases, you will likely need to choose from a list of employer-approved physicians to be covered under workers’ comp. Ensure you follow the treatment plan and attend all medical appointments.
- File a claim. Once your employer has been notified of your condition, it’s their responsibility to begin the claim process by filing Form 50 with the South Carolina Workers’ Compensation Commission (SCWCC) online, by mail, or in person at an SCWCC office. If your employer fails to file this report, you can file it directly with the SCWCC yourself.
So, what are the insurance carrier’s responsibilities?
The insurance carrier will review the claim and either approve or deny it. If the claim is approved, the insurance carrier will start paying for medical treatment and wage loss benefits while you recover.
Consider consulting with a workers’ compensation attorney to help navigate the claims process, especially if your claim is complex or denied by your employer or their insurer.
Get in contact with a qualified South Carolina workers’ compensation attorney today
A serious work injury can leave you facing mounting medical bills and lost income. At Smith, Born, Leventis, Taylor & Vega, our experienced Columbia workers’ compensation attorneys understand the unique challenges tree trimmers face when filing a claim. We can help gather evidence to prove your injury, illness, or disease is work-related and fight to secure the financial support you deserve while you recover.
Contact Smith, Born, Leventis, Taylor & Vega to set up a free consultation today and find out how we can help you maximize your benefits.
References
Occupational Employment and Wages, May 2023 Tree Trimmers and Pruners. Bureau of Labor Statistics. https://www.bls.gov/oes/current/oes373013.htm
