If you have been injured on the job, your main concern should be getting better. As we are all aware, medical treatment is expensive, especially if your condition requires surgeries and follow-up treatments. Given the severity of your injuries, you may be unable to work for several weeks, creating a financial strain on you and your loved ones.
At Fulton & Barr Attorneys at Law, our Greenwood worker’s compensation lawyers understand the anxiety that accompanies a work-related injury or illness. If you have recently experienced issues with a workers’ compensation claim, do not hesitate to contact our legal team.
Wage Replacement Benefits
Temporary Disability
Based on the type of injury sustained, you may be entitled to either temporary or permanent disability benefits. Temporary benefits fall into two categories: temporary total disability (TTD) or temporary partial disability (TPD). If an occupational illness or injury causes you to be unable to work for a certain period of time, then you may be entitled to temporary total disability (TTD) benefits. Under TTD, you will be awarded 66 2/3% of your average weekly wages (AWW) based on the prior four quarters before your injury. However, there is a weekly compensation cap that is reset at the beginning of each year.
For claims occurring on or after January 1st, 2025, the statutory cap is $1,134.43.
In contrast, if you are able to work a reduced work schedule or lighter job duties, you may apply for TPD benefits. Under TPD, you will be entitled to 66 2/3% of the difference between your wages prior to your accident and post-injury. TPD benefits last up to 340 weeks until you can return to your normal position or until you reach maximum medical improvement. As determined by your treating physician, once you reach MMI, you will most likely no longer make any meaningful improvements despite medical intervention.
Permanent Disability
Permanent disability also falls into two categories: Permanent partial disability (PPD) and permanent total disability (PTD). Under South Carolina law, if you experienced a loss of a limb or major organ, your benefits will depend upon a specific schedule of disability, which will factor in an impairment rating to calculate your total compensation. This rating is assigned by a physician once you reach MMI.
SC Code §42-9-30 details the schedule of disability for the state’s workers’ compensation claims. For example, the loss of a big toe entitles a worker to 35 weeks of PTD benefits. If your physician assigns an impairment rating of 60% and prior to your injury, your average weekly wage was $400, then your benefits will be calculated accordingly:
60% (impairment rating) of 35 weeks=21 weeks
66 2/3% of AWW ($750)=$500
21 weeks X $500=$10,500 in total compensation
Medical Expenses
South Carolina workers’ compensation covers all reasonable and necessary medical expenses for injured employees or workers who fell ill due to their line of work. Under the state’s workers’ compensation law, you must use an employer-approved provider. By using an out-of-network provider, you risk not having your medical expenses covered. Besides covering ambulatory services, emergency room care, surgeries, prescriptions, physical therapy, and other necessary care, you can also receive travel reimbursement to and from the doctor’s offices and pharmacy.
Maximizing Your Claim
Recovering the compensation you deserve requires convincing evidence. In the aftermath of your injury, you should write down everything you remember about the event. If anyone witnessed the accident, ask them to provide a statement on what they saw. Taking pictures is also crucial, especially if your accident was caused by defective equipment, such as a rickety ladder or if a scaffolding platform collapsed. If you are unsure of how to approach your claim, our worker’s compensation team at Fulton & Barr Attorneys at Law is available to help you each step of the way.
Injured or Fallen Ill Due to Your Job? Contact Our Greenwood Workers’ Compensation Lawyers At Your Earliest Convenience
A work-related injury or illness can result in catastrophic injuries, creating a toll on your physical health and wallet. The incident or exposure can leave you unable to pay your everyday living expenses, only compounded by copious medical expenses. Regardless of fault, you want to know that your needs will be tended to.
At Fulton & Barr Attorneys at Law, our Greenwood workers’ compensation attorneys know that an occupational illness or injury can leave you on edge, unsure of when or if you will ever return to work. If you have questions regarding your disability benefits or you have recently had a claim denied, our legal team is happy to address your concerns. To learn more, contact us online or give us a call at (864) 778-3092 to arrange your free consultation.