When you are injured on the job in South Carolina, Workers’ Compensation wage loss benefits can help supplement your income while you recover. In most cases, injured workers return to their jobs in a short period of time, but for others, recovery periods are longer. In either case, Workers’ Compensation wage loss benefits can help keep you and your family financially secure while you recover from your injury.
Claiming Work Loss Benefits
Depending upon the severity of your injury and resulting disability, your Workers’ Compensation claim may become complicated. Insurance companies and employers often disagree on what benefits and payments workers qualify for, which can hold up the process of receiving your benefits. An experienced and competent Workers’ Compensation lawyer can help you navigate through the complexities and expedite your benefits.
Injured workers in South Carolina receive an average weekly wage paid on a weekly basis. The amount of your benefit pay is approximately two-thirds of your weekly salary or earnings for the twelve months you worked prior to your injury. Benefits usually begin after a seven-day waiting period, but you will be paid for this waiting period if your injury prevents you from working for 14 days or more.
Types of Benefits
It is important to note that each Workers’ Compensation benefit is subject to the laws of the state and your insurance company’s approval. Benefits payable to injured workers that qualify for Workers’ Compensation benefits usually fit into one or more of the following types:
Temporary total disability benefits: These are provided to workers that are completely disabled due to their injury, but receive a prognosis of a full recovery, and are expected to return to work following a period of recuperation. In this case, you would receive .667 percent of your wage up to your return to work or reaching maximum medical improvement.
Temporary partial disability: If you are categorized with a temporary partial disability, you are expected to be able to continue to work, even though you may have limited capacity. If you are compensated below what you were making before the injury, you will receive .667 percent of the difference between the new pay and your old pay until you are able to return to full work or reach maximum medical improvement.
Permanent partial disability: A permanent partial disability is where the worker is able to return to work but has some permanent injury to a specific body part or parts. South Carolina Workers’ Compensation law prescribe a schedule of benefits with a maximum number of weeks payable to each body part based on the level of loss of use or disability to the injured member.
Permanent wage loss: A worker that is able to return to work but earns less money because of permanent work restrictions may recover two thirds of the different between his pre-injury average weekly wage and his post injury average weekly wage for up to 340 weeks.
Permanent total disability: A worker that suffers a permanent total disability is one that is not expected to recover from their injury or return to work, even in a reduced capacity. This employee will receive .667 percent of their pay for a period of up to 500 weeks, but would have the benefits that were already paid to them deducted from the total due.
Death benefits: If a worker suffers fatal injuries on the job, their spouse and dependent children and others dependent on the deceased may be eligible for Workers’ Compensation benefits. The family of the deceased may be entitled to a one-time funeral expense payment of $12,500, and then receive benefits equal to .667 percent of the deceased’s wages for up to 500 weeks. Family members in this situation would benefit from consulting with an experienced Workers’ Compensation lawyer to ensure that their family receives the maximum amount of compensation that they are entitled to under the law.
South Carolina Workers’ Compensation Lawyers at Chappell Smith & Arden, P.A. Help Injured Workers Claim their Maximum Benefits
If you or someone you know has been injured at work, you may be entitled to Workers’ Compensation benefits. The experienced team of South Carolina Workers’ Compensation lawyers at Chappell Smith & Arden, P.A. can help you claim the maximum amount of benefits available. Call us at 803-929-3600, or contact us online to schedule a consultation today. We have six office locations throughout South Carolina that serve clients in Lexington County, Richland County, Sumter County, Aiken County, Florence County, Lancaster County, York County, Orangeburg County, Kershaw County, and Newberry County, as well as the towns of Columbia, Lexington, Irmo, Chapin, Rock Hill, Aiken, Sumter, Newberry, Florence, and Spartanburg.