South Carolina Workers’ Compensation for
Warehouse Workers
Understand your right to compensation and how to file a claim after an injury in a Columbia, SC, warehouse
Columbia’s warehouses are the lifeblood of our city’s commerce, keeping shelves stocked and goods flowing. But the fast-paced, physically demanding work also creates a significant risk of injury for warehouse workers. From lifting heavy boxes to working around heavy machinery like forklifts, these hazards can have a real impact on your health and well-being.
The good news? South Carolina law protects warehouse workers after an injury by providing workers’ compensation benefits for medical bills, lost wages, rehabilitation costs, and more.
This article will shed light on why warehouse injuries are so common, explain your rights under workers’ compensation, and guide you through the process of filing a claim.
If you have additional questions or need personalized assistance, don’t hesitate to reach out to our knowledgeable Columbia work injury attorneys to schedule a free consultation. We’re always here to help!
What is the injury rate in warehouses?
According to a 2023 report by the Office of Inspector General (OIG) at the U.S. Department of Labor, warehouse workers in the U.S. have been suffering excessively high rates of work-related injuries in recent years.
In 2021, the injury and illness rate for these workers was 5.5 per 100 employees, a rate that’s more than double the rate across all private industries.
So, why is this happening?
The Office of Inspector General says that one of the reasons for these high injury and illness rates is inadequate oversight and enforcement by the Occupational Safety and Health Administration (OSHA).
According to the OIG’s report, despite consistently high injury rates among warehouse workers, OSHA conducted a limited number of inspections in 2021—only 3,762, accounting for only about 4.1% of warehouses.
The report also notes that 82% of these inspections were reactive, meaning they were triggered by complaints or referrals rather than proactive, systematic checks.
Additionally, OSHA’s site-specific targeting programs, which are meant to address establishments with high injury and illness rates, were also not sufficiently utilized for warehouses, according to the OIG. This insufficient targeting and limited inspection scope means that many hazardous conditions likely went unchecked and left workers vulnerable to preventable harm.
In the news:
Worker at the Walmart distribution center in Spartan suffers fatal injuries
In February 2024, a tragic workplace fatality occurred at the Walmart distribution center in Spartanburg County, South Carolina. WesLee Bradford Locklair, aged 43, from Piedmont, died after being struck by workplace equipment.
He was transported by EMS from the site on Fort Price Boulevard in Wellford to Spartanburg Regional, where the county coroner, Rusty Clevenger, confirmed his death. Clevenger has called for an investigation by the Occupational Safety and Health Administration, noting that this incident marks the third workplace fatality in Spartanburg County this year.
What is the most common cause of major injuries in the warehouse environment?
In addition to a lack of oversight, the OIG found that injuries among warehouse workers are most often associated with the use of industrial trucks, the handling of loaded pallets, and the need to perform repetitive tasks.
These risk factors are often exacerbated by pressure at Amazon and other distribution centers to meet time-based delivery quotas, which push workers to move faster to meet high-speed fulfillment demands typical of the online retail industry.
Other common causes of injuries in warehouses include:
- Slips, trips, and falls. Wet or cluttered floors, uneven surfaces, poor lighting conditions, and rushed orders can lead to slips, trips, and falls, causing a range of injuries from minor bruises to serious fractures or head injuries.
- Falling objects. Items falling from shelving or being dropped during handling can strike workers, leading to head and spinal cord injuries.
- Collisions and crashes. With the frequent use of heavy machinery like forklifts and pallet jacks, collisions with vehicles or with stationary objects are also common.
- Conveyor belts. Injuries related to conveyor belts, like crush injuries and amputations, can result from getting caught in the machinery or injured by items moving along the belts.
- Overexertion. Tasks that involve heavy lifting or repetitive motions, such as packing, sorting, or assembling products, can lead to pulled muscle and repetitive strain injuries (RSIs), such as carpal tunnel syndrome or tendonitis.
- Exposure to harmful substances. Some warehouse workers may be exposed to chemicals and other hazardous substances that can lead to respiratory issues, skin irritations, or other health problems.
- Loud machinery and alarms. Continuous exposure to high noise levels from equipment and alarms without proper protection can lead to occupational hearing loss, which is not only debilitating but also irreversible.
These hazards underscore the need for rigorous safety protocols and oversight, proper training, and appropriate protective equipment to safeguard warehouse workers.
What are my rights under SC law after a work injury?
Under South Carolina law, if you suffer a work-related injury, illness, or disease and you are an employee (not an independent contractor) of an employer with 4 or more employees, you’re entitled to workers’ compensation benefits.
Under this system, you do not need to prove that your employer was at fault for your injury. However, you do need to demonstrate that your injury is directly related to your work activities or work environment. This means establishing a clear connection between your job duties and the injury you sustained.
While this is fairly easy to do with injuries that result from obvious work-related accidents, like forklift accidents, things can get more complicated when it comes to injuries that are less visible or cumulative in nature, such as repetitive strain injuries or hearing loss.
In such cases, demonstrating that the injury is work-related requires more detailed evidence, including medical records and expert testimony. It may also involve documenting the workplace environment and your daily tasks to establish a clear link between the job and the injury.
Due to the complexity of such cases, you may benefit from seeking legal guidance before filing a claim to help you navigate the claims process and secure the benefits you deserve.
The Top 10 Mistakes That Can Ruin Your Workers’ Comp Claim
Avoid these all-too-common errors to increase your chance of a successful workers’ compensation claim in South Carolina.
What does workers’ comp cover in South Carolina?
In South Carolina, workers’ compensation covers several key areas to support employees who have suffered work-related injuries or illnesses. Here’s a detailed look at what the coverage includes:
- Medical benefits. Workers’ compensation in South Carolina pays for all necessary medical treatments related to the work injury or illness. This includes hospital visits, surgeries, doctor appointments, prescriptions, and necessary medical equipment. The coverage extends as long as medical treatment is deemed necessary by a health care provider.
- Vocational rehabilitation. If a worker cannot return to their previous job due to their injuries, they may be eligible for vocational rehabilitation services. These services help them train for new employment within their capabilities.
- Disability benefits. These benefits are designed to compensate for lost wages due to temporary disability—temporary total disability (TTD) or temporary partial disability (TPD)—or to provide compensation for permanent disabilities—permanent total disability (PTD) or permanent partial disability (PPD)—stemming from a work-related injury or illness. Temporary disability benefits typically amount to two-thirds of your average weekly wage, while permanent disability benefits are based on the severity and type of your impairment.
- Death benefits. If a work-related injury or illness results in death, workers’ compensation provides benefits to the worker’s dependents. This typically includes a portion of the deceased worker’s wages and covers funeral and burial expenses.
These comprehensive benefits are designed to ensure that injured workers receive the necessary support to recover from their injuries or adjust to life after their injury without the burden of excessive medical costs or loss of income.
What steps do I need to take to get South Carolina workers’ comp benefits?
In South Carolina, warehouse workers who sustain a work-related injury or illness need to follow these steps to file a workers’ compensation claim:
- Seek medical treatment. Obtain medical care immediately. If it’s an emergency, go to the nearest emergency room. For non-emergencies, check with your employer, as they may have designated health care providers that you’re required to use for the initial treatment under South Carolina’s workers’ compensation laws.
- Report the injury. Notify your employer about the injury or illness as soon as possible. South Carolina law requires that this notification be made in writing within 90 days of the incident or discovery of the illness.
- Employer notifies insurer. Your employer should then report the injury to their workers’ compensation insurance carrier and file a claim with the South Carolina Workers’ Compensation Commission. If there are any disputes with your employer about your claim, or if your employer does not file a claim, you may need to file a claim yourself. This can be done by submitting Form 50 to the South Carolina Workers’ Compensation Commission.
If you encounter difficulties during the claim process or if your claim is denied, consider consulting with a local workers’ compensation attorney. They can provide guidance and representation to help you secure the benefits you deserve.
Looking for the best Columbia workers’ compensation attorney after an injury at a warehouse?
At Smith, Born, Leventis, Taylor & Vega, we understand the challenges you face when injured on the job. Our team of experienced work injury attorneys is here to guide you through the complexities of the workers’ compensation process in South Carolina.
Whether you need assistance filing your claim, negotiating with insurance companies, or appealing a denial, we’re committed to advocating for your rights and ensuring you receive the benefits you deserve.
Let us help you navigate this difficult time with expert legal support and personalized attention. Contact Smith, Born, Leventis, Taylor & Vega today to schedule a free consultation and learn how we can assist you in securing maximum compensation for your workers’ comp claim.
References
REPORT TO THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION COVID-19: OSHA NEEDS TO DO MORE TO ADDRESS HIGH INJURY RATES OF WAREHOUSE WORKERS. (2023). https://www.oig.dol.gov/public/reports/oa/2023/19-23-013-10-105.pdf
