If an injured worker is out of work for a period of seven days due to a work-related injury, then he/she is paid temporary total disability beginning on the eighth day. If the injured worker remains out of work for more than fourteen days due to a work-related injury, then he/she is entitled to compensation for the first week that he/she was out of work. The days that the injured worker is out of work do not need to be consecutive to receive compensation.
Traditionally, if an injured worker is completely out of work, then workers’ compensation pays two-thirds of the injured workers’ average weekly wage each week the injured worker is entitled to compensation. Average weekly wage is generally calculated by taking the gross (pre-tax) wages paid to the injured worker by their employer for the four quarters immediately preceding the quarter in which the injury occurred and dividing by fifty-two. However, sometimes there are arguments to increase or decrease the average weekly wage. Some of the common arguments to adjust the average weekly wage can include: the injured worker was working multiple jobs at the time of the injury, the injured worker did not work a full four quarters prior to sustaining the injury or the injured worker received a merit-based pay raise during the four quarters prior to the injury.
Often, an injured worker will be given light duty restrictions by a doctor that their employer can accommodate. However, during this period, sometimes the injured worker is not working and earning as much as they were prior to the injury. During this period, workers’ compensation should pay two-thirds of the difference between the injured worker’s average weekly wage and post-injury wages.
If you’ve sustained an injury at work and feel you should be receiving compensation or receiving more compensation, then talk with an attorney to discuss your rights and to answer any questions that you may have. Contacting an attorney as soon as practical is one of the best ways to protect your rights and ensure that you are being compensated properly.
If you would like to speak with an attorney regarding your on-the-job injury, please do not hesitate to contact us at 803-996-3333.
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Smith & Jones Law, LLC offers a variety of legal services to clients in South Carolina. The firm is primarily focused on workers' compensation and personal injury matters, in addition to providing more general legal advice and services. Our lawyers have represented clients in cases including those related to workers' compensation, auto accidents, defective products, Social Security disability, trucking accidents, slip and fall injuries, uncontested divorces, motorcycle accidents and dog bite injuries. From our office in Lexington, we serve clients throughout South Carolina, including, but not limited to, Irmo, Cayce, West Columbia, Newberry, Batesburg-Leesville, Red Bank and Swansea.
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