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What Does Workers’ Compensation Include?

Workers’ compensation is an employer-provided insurance that employers must provide if they have four or more employees. To ensure that you receive benefits, you must report an incident within 90 days to your employer, and your claim must be filed with your insurer within two years.

If you have suffered an injury on the job or have contracted an occupational illness, workers’ compensation can allow you to recoup lost wages and medical expenses during the time you are unable to work. If a worker succumbs to their injuries, dependents can file for death benefits, allowing them to cover burial costs and reimbursement for medical costs.

In this blog, our Greenville, SC, workers’ compensation lawyers provide an overview of the benefits provided under workers’ compensation in South Carolina.

Wage Replacement

Workers will be eligible for benefits after missing seven consecutive days of work, with benefits kicking in after the employee has missed 14 days of work. There is a statutory cap that is adjusted annually based on inflation. As of January 1, 2024, a South Carolina worker can receive a maximum of $1,093.67 in wage benefits per week.

Medical Expenses

In South Carolina, you must be evaluated by a physician approved by your employer to have your medical expenses covered. The following medical expenses are typically covered under workers’ compensation:

Death Benefits

If you are a dependent of a family member who passed away due to work-related injuries or illness, you may be entitled to the following benefits:

Temporary Disability

If your work-related accident or illness results in you being unable to work, you can file for temporary total disability (TTD) benefits. Under TTD, your benefits will last 500 weeks or until your treating physician determines you have reached maximum medical improvement (MMI). MMI is the point at which you will no longer make any significant medical improvements. Lost wages will be compensated at 66 and 2/3 percent of your AWW prior to your work-related injury or illness.

However, if your work-related incident forces you to work a part-time schedule or a less demanding job, then you may qualify for temporary partial disability (TPD) benefits. TPD benefits may last a maximum of 340 weeks or until you reach MMI. Wage replacement will include the difference between your AWW prior to your accident and in your new work capacity post-accident.

Permanent Disability

However, if your injury or illness causes you to be unable to return to your normal work position, then you may be entitled to either permanent total disability (PTD) or permanent partial disability (PPD). This will be determined by your treating physician. PTD applies if your injuries leave you unable to work at all, while PPD is designed for those who suffer long-term injuries or loss of motion. In some cases, a person on PPD may be unable to work at all (typically if his or her impairment rating is above 50 percent).

Under PTD, you will be eligible to recoup 66 and 2/3 percent of your AWW for a maximum of 500 weeks. However, if you sustained a brain injury or were paralyzed due to your accident, benefits will last for the rest of your life. In contrast, PPD benefits are calculated based on your impairment rating and the type of injury you suffered. The impairment rating is determined by your physician, assigning a percentage of functional loss of a specific body part after you reach MMI. The higher the percentage, the greater compensation you will receive. 

Based on the body part affected, the schedule of disability benefits (South Carolina Code §42-9-30) will determine how many weeks benefits are paid out. For instance, if your accident impacted the use of your hand, your benefits may last up to 185 weeks. If your physician determines your impairment rating is 80 percent, your benefit will be calculated as follows:

80 percent (impairment rating) of 185 weeks = 148 weeks

66 and 2/3 percent of AWW ($600) = $400

148 weeks X $400=$59,200 in total compensation

Reach Out to Our Greenville Workers’ Compensation Lawyers Today

If you have suffered an injury on the job or have fallen ill due to your workplace, our Greenville, SC, workers’ compensation lawyers are here to assist you. With over 40 years of experience representing workers, we are committed to helping you access the financial resources you need. If your claim has been denied or if you are not being adequately compensated, contact us online or by phone to schedule your consultation.