Injured at work? You’re facing pain, uncertainty, and worries about paying bills while recovering. It’s a stressful time, and you shouldn’t have to go through it alone. Luckily, South Carolina’s workers’ compensation system is here to protect you. If your injury occurred on the job, you probably qualify for benefits no matter who was at fault.
Understanding which workers’ compensation benefits are available to you is the first step toward getting the support you need. With more than 35 years of combined experience, the Lexington workers’ compensation attorneys at Smith & Jones Law help injured workers throughout the Lexington area and across South Carolina receive the benefits they’re entitled to. Your consultation is free, and you don’t pay us unless we recover benefits for you.
In this article, we’ll cover:
- How South Carolina’s no-fault workers’ comp system works.
- The types of benefits available to injured workers.
- How your benefits are calculated.
- What to do if your claim is denied or delayed.
South Carolina’s no-fault workers’ compensation system
One of the most important things to understand about workers’ compensation in South Carolina is that it’s a no-fault system. That means it doesn’t matter whether you, your coworker, or your employer caused the accident. If you were injured while performing your job duties, you’re entitled to benefits.
Under S.C. Code Ann. § 42-1-360, employers who regularly employ four or more workers are required to carry workers’ compensation coverage. Most South Carolina employers meet this threshold, which means most employees are covered. There are limited exceptions for certain categories, such as agricultural workers and railroad employees, but the vast majority of Lexington-area workers are protected.
This no-fault structure exists for a reason. You trade the right to sue your employer for a guaranteed system of benefits that covers your medical care, lost wages, and more. You don’t have to prove your employer was negligent. You only need to show that your injury happened on the job.
Medical benefits
When you’re hurt at work, your employer’s workers’ compensation insurance covers all reasonable and necessary medical treatment related to your injury. This includes doctor visits, hospital stays, surgeries, physical therapy, prescription medications, and medical equipment, such as braces or crutches. Under South Carolina law, the employer must also provide original artificial members (i.e., prosthetics) as reasonably necessary, and during any period of disability, the employer may continue to furnish medical care considered necessary by the attending physician.
You’re also entitled to mileage reimbursement for travel to and from medical appointments. These may seem like small amounts, but they add up quickly, especially if you need ongoing treatment.
One thing to keep in mind: your employer or their insurance carrier typically has the right to select your treating physician. If you’re unhappy with the care you’re receiving, an experienced workers’ compensation attorney can help you request a change.
Temporary disability benefits
If your injury keeps you from working, you may be entitled to temporary disability payments to replace a portion of your lost income. South Carolina recognizes two types.
Temporary total disability (TTD)
TTD benefits apply when you’re completely unable to work because of your injury. Under S.C. Code Ann. § 42-9-10, when the incapacity for work resulting from an injury is total, the employer must pay the injured employee a weekly compensation equal to 66 2/3% of the employee’s average weekly wages. The injured employee may not be paid more each week than the average weekly wage in this state for the preceding fiscal year.
These payments continue for as long as you remain unable to work due to your injury, up to the maximum allowed under the law.
Temporary partial disability (TPD)
TPD benefits kick in when you can return to work, but at a reduced capacity. Maybe your doctor has cleared you for light duty, or you can only work part-time. Under S.C. Code Ann. § 42-9-20, when the incapacity for work is partial, the employer must pay a weekly compensation equal to 66 2/3% of the difference between the employee’s average weekly wages before the injury and the average weekly wages he or she can earn afterward.
In other words, if you’re earning less because of your injury, TPD helps bridge that gap.
Need help understanding your temporary disability benefits? Call our Lexington office at 803-784-0730 for a free consultation. We’ll review your situation and make sure you’re receiving everything you’re entitled to.
Permanent disability benefits
Some workplace injuries leave lasting effects even after you’ve reached maximum medical improvement (MMI), which is the point where your condition isn’t expected to improve significantly. When that happens, you may be entitled to permanent disability benefits.
Permanent partial disability (PPD)
PPD benefits are based on an impairment rating assigned by your doctor once you reach MMI. South Carolina uses a schedule of losses under S.C. Code Ann. § 42-9-30 that assigns a specific number of weeks of compensation for injuries to particular body parts. For example, the loss of a thumb is compensated at 66 2/3% of the average weekly wage for 65 weeks, whereas the loss of a hand is compensated for a different number of weeks.
Your impairment rating determines what percentage of that scheduled amount you receive. This is one of the areas where having an experienced attorney matters most, as even small differences in an impairment rating can mean thousands of dollars in benefits.
Permanent total disability (PTD)
PTD benefits are reserved for the most serious injuries. Under South Carolina law, total disability compensation generally may not exceed 500 weeks. The loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes (or any two thereof) constitutes total and permanent disability.
However, there’s an important exception: any person determined to be totally and permanently disabled who, as a result of a compensable injury, is a paraplegic, a quadriplegic, or has suffered physical brain damage is not subject to the 500-week limitation and shall receive benefits for life.
Death benefits for surviving family members
When a workplace accident results in death, South Carolina law provides benefits to the worker’s surviving dependents. Under S.C. Code Ann. § 42-9-290, if death is proximately caused by a workplace accident, the employer must pay the employee’s wholly dependent family members a weekly payment equal to 66 2/3% of the deceased worker’s average weekly wages for a period of 500 weeks, along with burial expenses of up to $12,000.
Losing a loved one to a workplace accident is devastating. If your family is going through this, we’re here to help you understand your rights and pursue the benefits to which your family may be entitled.
Call Smith & Jones Law at 803-784-0730 for a free, no-obligation consultation. Our offices in Lexington and Mauldin serve families throughout South Carolina.
Vocational rehabilitation
If your injury prevents you from returning to your previous job, you may be entitled to vocational rehabilitation services. These can include job retraining, education assistance, resume help, and job placement services to help you transition into a new role that accommodates your physical limitations.
Vocational rehabilitation is an often-overlooked benefit that can make a real difference in your long-term earning capacity. An attorney can help you access these services if your employer or their insurer isn’t offering them voluntarily.
How your benefits are calculated
The foundation of almost every workers’ compensation benefit in South Carolina is the average weekly wage (AWW). Your AWW is calculated based on your earnings during the 52 weeks immediately preceding the date of injury, typically by taking the total wages paid for the last four quarters before the quarter in which the injury occurred, then dividing by 52 (or by the actual number of weeks for which wages were paid, whichever is less).
Your compensation rate is then set at 66 2/3% of that AWW, subject to the state’s maximum weekly benefit. The state updates this maximum annually based on the statewide average weekly wage. There’s also a minimum weekly benefit of $75, provided that amount doesn’t exceed your actual average weekly salary.
Getting the AWW calculation right is critical. If your employer or their insurance company calculates it incorrectly, you could receive less than you’re owed for the entire duration of your benefits.
What to do if your benefits are denied or delayed
Unfortunately, having a valid claim doesn’t always mean your benefits will be paid smoothly. Insurance companies deny or delay workers’ compensation claims for various reasons: disputing that the injury happened at work, claiming a pre-existing condition caused your symptoms, or arguing that your treatment isn’t medically necessary.
If your benefits have been denied or delayed, here’s what you should do.
- Don’t panic, but don’t wait. Under S.C. Code Ann. § 42-15-40, the right to compensation is barred unless a claim is filed with the South Carolina Workers’ Compensation Commission within two years after the accident. Time limits matter.
- Document everything. Keep copies of medical records, correspondence with your employer and their insurance company, and any evidence related to your injury.
- Contact an experienced workers’ compensation attorney. An attorney can file a formal claim, request a hearing before the South Carolina Workers’ Compensation Commission, and fight to reinstate your benefits.
Smith & Jones Law has been helping injured workers in Lexington and throughout South Carolina for over 35 years (combined experience). We know how insurance companies operate and how to push back when they try to deny or delay the benefits you may be owed.
Frequently asked questions about workers’ compensation benefits in South Carolina
Do I have to prove my employer was at fault to receive benefits?
No. South Carolina’s workers’ compensation system is no-fault. If your injury occurred on the job, you’re entitled to benefits regardless of who caused the accident. The only exceptions are injuries caused by intoxication or the employee’s willful intent to harm themselves.
How much does it cost to hire a workers’ comp attorney?
Smith & Jones Law works on a contingency fee basis, which means you don’t pay us anything unless we recover benefits for you. Your initial consultation is completely free, and there’s no obligation to hire us.
Can my employer fire me for filing a workers’ comp claim?
South Carolina law prohibits employers from retaliating against employees who file workers’ compensation claims. If you believe you’ve been retaliated against, talk to an attorney right away.
How long do I have to file a workers’ compensation claim?
You must file your claim with the South Carolina Workers’ Compensation Commission within two years of the accident. Don’t wait until the last minute. The sooner you act, the stronger your case will be.
Receive help from experienced South Carolina workers’ compensation attorneys
Navigating the workers’ compensation system is complicated, and the insurance company isn’t on your side. They have adjusters and attorneys working to minimize what they pay you. You need someone working just as hard for you.
With more than 35 years of combined experience, Smith & Jones Law handles workers’ compensation cases throughout South Carolina from our offices in Lexington (5044 Augusta Rd.) and Mauldin (14 E Butler Rd., Suite C). We understand the challenges injured workers face, and we’re here to help you pursue every benefit you may be entitled to.
Your consultation is completely free, and you don’t pay us a dime unless we recover benefits for you. Call 803-784-0730 today to discuss your case. Contact us today!