Sadly, workplace safety remains a serious issue. The South Carolina Occupational Safety and Health Administration (SC OSHA) reports that around 30,000 people are hurt or made ill on the job in our state each year. Injured workers in our state have the right to file for workers’ comp benefits.
This raises an important question: How long can you stay on workers’ compensation? The answer depends on several case-specific factors. Here, our Lexington workers’ compensation lawyer explains key things to know about how long you can remain on workers’ comp in South Carolina.
What is Workers’ Comp South Carolina?
Workers’ compensation is a form of no-fault insurance that is designed to provide medical care and wage replacement to employees who suffer work-related injuries or illnesses. The program is administered by the South Carolina Workers’ Compensation Commission and it exists to help ensure that injured workers have access to the support that they need after an accident/incident.
Key Points to Qualifying for Workers’ Comp Benefits
Were you hurt on the job in Lexington or elsewhere in South Carolina? You must know what you need to prove to qualify for workers’ comp benefits. While fault is not a factor, meaning you will not need to prove that your employer’s negligence caused your accident, you generally do need to meet all of the following criteria:
- Employment Status: You must be an employee (full-time or part-time). Independent contractors are generally excluded unless misclassified.
- Employer Coverage: Your employer must carry workers’ comp insurance. In South Carolina, it is mandatory for businesses and organizations with four or more employees.
- Work-Related Injury or Illness: You must have been hurt or made ill. The injury or illness must have occurred in the course of your employment.
- Timely Reporting: You must report the injury to your employer within 90 days of the incident. Delayed reporting can jeopardize your claim.
How Long Can You Get Benefits in South Carolina?
How long do workers’ comp benefits last in South Carolina? The answer is “it depends”; the duration of workers’ comp benefits varies based on case-driven factors. A key factor is the severity of the worker’s injury and their ability (or lack thereof) to return to the workplace.
Here is a more comprehensive overview of the key points to know about how long benefits last:
- Medical Care: In South Carolina, workers’ compensation covers all necessary and authorized medical treatments related to your work injury. These benefits continue until your doctor determines you have reached Maximum Medical Improvement (MMI). MMI means that you have reached a state where further treatment will significantly improve your condition. With that being said, even after reaching MMI, you may still be eligible for additional medical care if it helps lessen your disability.
- Wage Replacement: Wage replacement benefits, known as Temporary Total Disability (TTD), provide two-thirds of your average weekly wage if you’re unable to work due to your injury. These benefits typically start on the eighth day of disability. However, if your disability extends beyond 14 days, compensation is retroactively applied to cover the initial seven days. TTD benefits can last until you reach MMI and/or can return to the workplace. TTD benefits are subject to a 500-week maximum duration in most cases. However, for certain catastrophic injuries, such as paraplegia, quadriplegia, or severe brain injuries, this 500-week limit does not apply, and benefits may continue for life.
Note: While TTD benefits are generally paid at a rate of two-thirds of your pre-injury salary, there is a statutory cap on benefits. As of January 1, 2025, the maximum weekly compensation rate is $1,134.43. Even if two-thirds of your average weekly wage exceeds this amount, your weekly TTD benefits cannot surpass this cap.
Permanent Impairments and Workers’ Compensation in South Carolina
In South Carolina, workers who suffer a lasting disability due to a job-related injury may qualify for permanent disability benefits under the workers’ compensation system. These benefits are awarded once the injured worker reaches Maximum Medical Improvement (MMI) and a doctor determines that a permanent impairment remains. There are two primary types of permanent disability:
- Permanent Partial Disability (PPD); and
- Permanent Total Disability (PTD).
For PPD, South Carolina uses a scheduled benefit system that assigns a fixed number of weeks of compensation based on the body part affected. For example, the loss of use of a hand equates to 185 weeks of benefits. In contrast, the loss of a leg equals 195 weeks.
Compensation is paid at two-thirds of the worker’s average weekly wage and is still subject to the state’s maximum benefit cap. If a worker is deemed permanently disabled, due to a combination of injuries to multiple body parts or a greater than 50% loss of use to the back, they may be eligible for up to 500 weeks of compensation. However, in rare catastrophic cases, such as quadriplegia, paraplegia or brain injury, benefits can be extended for life.
How Our South Carolina Workers’ Comp Lawyer Can Help
Workers’ compensation claims are complicated, especially so for workers who sustained a serious injury on the job. At Smith & Jones Law, LLC, we are committed to helping clients secure the maximum available workers’ comp benefits. Among other things, that means fighting to help you stay on workers’ comp as long as possible. Our case results tell the story of what we can do for injured workers. Do not go it alone: Your initial consultation is free and completely confidential.
Contact Our South Carolina Workers’ Comp Attorney Today
At Smith & Jones Law, LLC, our South Carolina workers’ comp lawyer is standing by, ready to protect your rights and your interests. If you have any questions about South Carolina workers’ comp claims, we are here as a legal resource that you can rely on. You need the maximum available financial help. Contact us today for a free, no obligation initial consultation. With offices in Lexington and Mauldin, we represent workers throughout the wider region in South Carolina.