My Rights as an Injured Worker
In 2022, over 2.8 million workers suffered injuries and work-related illnesses, with 5,486 workers sustaining fatal injuries. An employee who suffers an injury on the job is entitled to workers’ compensation benefits. However, many employees are unaware of their rights and how to file a workers’ compensation claim.
If you have suffered an accident while on the job, you need the assistance of an experienced Greenville, SC, workers’ compensation lawyer.
Workers’ Compensation Benefits in South Carolina
In South Carolina, an injured worker who is out of work for at least seven days is entitled to workers’ compensation benefits. A worker will be able to collect compensation benefits starting on the eighth day of missing work. If an employee is out of work for 14 days, then the individual will be able to receive benefits beginning the first day of missing work.
The following three forms of benefits are available to South Carolina workers:
Lost Wages
The severity and classification of a worker’s illness or injury will determine benefits:
Temporary Partial Disability (TPD)
If a worker is unable to work his or her regular job and has to move to a lower-paying position, the employee will receive temporary partial disability (TPD) benefits. Employees on TPD will receive two-thirds (66 2/3%) of the difference between their average weekly wage before the accident and after the accident. Employees are capped at a state maximum. As of January 1, 2024, the maximum weekly compensation rate is $1,093.67.
Temporary Total Disability (TTD)
If a work injury prevents an employee from returning to work for at least seven days, then the worker will likely qualify for temporary total disability (TTD) benefits. Employees on TTD will receive two-thirds (66 2/3%) of their average weekly wage for the time that they are unable to work, up to the state weekly maximum compensation rate.
Permanent Partial Disability (PPD)
If a worker has suffered an injury that has resulted in permanent disability but is still able to work to some extent, then the individual will likely qualify for permanent partial disability (PPD). The worker will be eligible to receive two-thirds (66 2/3%) of the difference between their average weekly wage before and after their accident or initial date of illness.
According to South Carolina Code §42-9-30, the number of weeks an individual will be eligible for compensation depends on the severity of the injury. The law outlines a disability schedule based on which body part is affected. For instance, if a worker loses a thumb, disability will continue for 66 weeks, with 2/3 wages paid for 65 of those weeks.
Permanent Total Disability (PTD)
If an employee’s injury or illness prevents the individual from working altogether, then the individual is entitled to 2/3 wages for a period of 500 weeks.
Medical Benefits
Reimbursement for medical expenses is available for up to 10 weeks. The following three types of benefits are available to employees:
- Physician visits
- Prescription medications
- Surgical procedures and treatments
- Diagnostic imaging and laboratory tests
- Rehabilitative treatments
- Ambulatory services
Death Benefits
Death benefits are available to families of deceased workers. Dependents can receive 66 2/3% of an employee’s average weekly wage for up to 500 weeks. In South Carolina, families can receive reimbursements for an employee’s medical expenses. A family is entitled to a maximum of $12,000 in burial costs.
An Experienced Greenville, SC, Workers’ Compensation Lawyer Fighting for Workers
Employees are forced to work in unsafe conditions all too often. If you or a loved one have experienced a work injury or contracted a job-related illness, our legal team is ready to provide the support you need. To schedule your complimentary, no-risk consultation, please call us at (864) 235-3154 or by completing our online contact form.
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