Is There a Waiting Period Before I Can Receive Cash Benefits?
After experiencing a workplace injury in South Carolina, your employer’s insurance is intended to cover your medical treatment, lost wages, and compensation for any permanent disfigurement or disability through workers’ compensation. Although the compensation typically amounts to a fraction of your average weekly wage (just under 67 percent in South Carolina), this financial relief can be crucial during difficult times.
However, many employees are unaware that workers’ compensation benefits do not necessarily begin on the day of the injury. In fact, you might not receive any payments at all immediately. Various states, including South Carolina, impose waiting periods and retroactive periods that dictate when you can start collecting benefits and under what conditions. Read on to learn more from our Greenville, SC, workers’ compensation attorneys.
The Workers’ Compensation Waiting Period
In South Carolina, there is a mandatory waiting period before workers’ compensation claim benefits become payable. Specifically, injured employees must wait seven days before they can begin receiving benefits. This waiting period is designed to deter workers’ compensation fraud by preventing exaggerated claims and reducing legal paperwork for minor injuries.
The Retroactive Period
In addition to the waiting period, there is a retroactive period that must be met before an injured employee can receive compensation for the initial waiting period. In South Carolina, this retroactive period is 14 days. This means that if you miss more than 14 days of work due to an injury, you will be compensated for the first seven days as well as the subsequent days missed.
Examples
Workers’ compensation can be quite confusing, which is why it’s in your best interest to consult with a South Carolina workers’ compensation attorney as soon as possible. They can help explain how the laws work in the context of the specifics of your claim. Here are some examples to help explain the law better:
Missing Less Work Time Than the Waiting Period
If you suffer a workplace injury and miss only six days of work, you are responsible for covering all your medical bills because you did not exceed the 7-day waiting period. As a result, workers’ compensation benefits do not apply.
Missing More Time Than the Waiting Period, But Not the Retroactive Period
If your injury causes you to miss 11 days of work, you will receive compensation only for the four days that exceed the waiting period. This is because you surpassed the waiting period but did not meet the 14-day retroactive period requirement.
Missing More Time Than the Waiting and Retroactive Periods
If you are unable to return to work for 21 days due to your injury, you will be compensated for every workday you miss, including the initial 7-day waiting period. This is because you exceeded both the waiting period and the 14-day retroactive period.
Questions about Workers’ Comp Claims, Waiting Periods, or Retroactive Periods? Contact Us Today
If you have a potential workers’ compensation claim, it’s imperative to understand the nuances of workers’ compensation, including waiting periods and retroactive periods. Being aware of these details and your rights ensures that you can accurately anticipate when and how you will receive benefits, providing a clear picture of the financial support you can expect during recovery.
If you have any questions or concerns about your specific situation, be sure to consult our workers’ compensation attorneys to ensure you receive the benefits to which you are entitled. Contact us online or call 864-235-3154 to schedule a consultation.