South Carolina Personal Injury Lawyers

Permanent Disability In South Carolina Workers’ Compensation Claims

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After receiving medical treatment, injured workers will often be entitled to some level of permanent disability due to on-the-job injuries. Unfortunately, injured workers in South Carolina are not entitled to pain and suffering as a result of on-the-job injuries. So, how is permanent disability calculated in South Carolina? Our Lexington Workers Compensation Lawyers can help

Calculating Permanent Disability

The amount of permanent disability that an injured worker can recover depends on the severity of their injuries. There are generally three different methods of recovery for on-the-job injuries in South Carolina: scheduled member recovery, permanent partial wage loss recovery, and permanent and total disability.

Scheduled Member Recovery

The most common type of recovery in South Carolina workers’ compensation cases is scheduled member recovery. This recovery is based on a loss of use to a specific body part. The value for each body part in South Carolina is different. Awards are typically received based on a percentage loss of use of a specific body part. (Example: A 10% loss of use of the shoulder [valued at 300 weeks] would result in an award of 30 weeks of compensation). It’s important to note that impairment ratings given by a doctor are not disability, but instead disability is calculated by the Workers’ Compensation Commission based on individual circumstances. An experienced lawyer can help maximize your recovery for scheduled member injuries.

Wage Loss Recovery

More complex injuries, those involving two or more body parts or 50% loss of use to the back, may qualify for a wage loss recovery. Wage loss claims in South Carolina can be either permanent partial or permanent and total. There are exceptions for catastrophic injuries, such as paraplegia, quadriplegia, and brain injury, but injured workers are limited to a maximum recovery of 500 weeks of compensation for on-the-job injuries in South Carolina. Wage loss claims are often more complex than scheduled member claims and injured workers should strongly consider obtaining legal representation in dealing with the intricate difficulties that typically arise in wage loss claims.

Contact Smith & Jones Law

If you’ve been injured in a work accident and would like to speak with an attorney regarding your on-the-job injury, please do not hesitate to contact us at 803-784-0730.

Frequently Asked Questions

Our experienced team is dedicated to guiding you through the legal process and fighting for the justice you deserve.
How Do I Know If I Have a Case?

Generally, personal injury cases are based on someone else being at fault for an accident. It can be a person, a company, or another legal entity that has fault.

You might think that someone else needs to have hurt you on purpose to get compensation. That isn’t true! Most personal injury claims are based on negligence. Negligence just means being careless in an unreasonable way. That’s one basis for a case, but there are several different grounds for personal injury compensation. Our lawyers will explore all the ways you may qualify.

The best way to know if you have a case is to ask us for a free no-obligation consultation!

How Much Time Do I Have to File A Lawsuit?

It depends. Generally, the maximum time to file a personal injury case in South Carolina is three years. However, there are exceptions, and it can be much shorter. There are some circumstances where the timeline may be extended, too, but you should never count on this. If you miss the deadline that applies in your case, it usually means there is no way to pursue compensation.

There are things you can do right now to protect your rights and build your case. You should always contact a lawyer as soon as possible. Don’t assume that you can wait – and don’t assume you’ve waited too long, either. We’ll determine how much time you have and work quickly to pursue your case.

How Will My Lawyer Determine the Value of My Case?

Your lawyer determines the value of your case with a multi-step process. First, they total your damages. These are the losses that you are allowed to claim by law. It starts with direct, financial losses like medical expenses, lost income, and property loss. But your damages are much more than that. You may also receive compensation for physical suffering, mental health injury and emotional anguish. Our lawyers look at all the categories.

There are other factors that may influence your compensation award. The strength of the legal case and ways to collect compensation are two examples. At your consultation, we can estimate the case value, plus explain what needs to happen for you to receive the maximum award.

What Steps Should I Take Immediately After an Injury to Protect My Rights?

Get medical attention right away. Take photos of the accident scene and gather witness information if you or someone else can. Report the accident as appropriate, like the police for a car accident or your employer if the injury happens at work. Keep records and bills related to the accident.

When you choose Smith & Jones Law, our lawyers will start immediately to protect your rights.

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864-383-0377

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