In South Carolina, there is a limit to the length of workers’ compensation benefits. Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains how long you can be on workers’ comp in South Carolina and what happens when your benefits end.

How Long Does Workers’ Compensation Last in South Carolina?

A person in South Carolina can receive workers’ compensation weekly benefits for temporary or permanent disability for up to 500 weeks, until they can return to work without restrictions or reach maximum medical improvement (MMI), whichever comes first.

A 500-week maximum is the basic rule, but there are exceptions and important things to know about how long workers’ comp lasts in South Carolina.

Temporary vs. Permanent Workers’ Comp Benefits: What’s the Difference in SC?

There are four types of disability benefits in SC workers’ compensation:

Temporary Total Disability (TT)
Temporary Partial Disability (TP)
Permanent Total Disability (PT)
Permanent Partial Disability (PP)

Understanding temporary disability benefits

Temporary disability benefits are for when you cannot work while you are receiving treatment for your injuries. Your injuries are considered temporary at this stage because you are receiving care in hopes that you will heal from your injuries. Temporary disability is total if your injuries completely prevent you from working. If you can work in a limited capacity, you have temporary partial disability.

Understanding permanent disability benefits

Even with the best medical care, an injury may result in permanent impairment. Permanent impairment may be total or partial. The body part affected and the extent of impairment are principal factors to determine compensation. The person’s education, work history, age, and work restrictions also factor into a disability rating.

What Is the Maximum Duration for Workers’ Comp Benefits in South Carolina?

Total Temporary Disability – Maximum Weeks

The maximum duration for temporary total disability workers’ comp benefits in South Carolina is 500 weeks. If a person cannot work while they receive medical care for a qualifying workplace injury, they may receive up to 500 weeks of TTD workers’ comp benefits.

Partial Temporary Disability – Maximum Weeks

When the work disability is partial, an individual can receive partial temporary disability benefits for up to 340 weeks. The payment amount is a percentage of the difference in current and pre-injury earnings.

What if you have both total and partial disability?

If you have several weeks on total disability, followed by a period of partial disability, your weeks on total disability do not count towards the maximum allowable weeks on partial disability. See Bass v. Kenco Group.

What Triggers a Workers’ Comp Benefit Cutoff in Greenville, SC?

Any of the following can trigger a workers’ comp benefit cutoff in Greenville, SC:

Maximum payments. Reaching the maximum number of weeks of payment (500 for total temporary disability, 340 for partial temporary disability)
Return to work. The worker returns to work.
Form 17. The parties complete Form 17, and the person agrees they can work.
Maximum Medical Improvement (MMI). The worker reaches maximum medical improvement (Form 21 may be required).
Denial of claim. The employer investigates the claim and denies it.
Medical non-compliance. The worker refuses medical treatment.

For temporary benefits, before the 150-day mark, the employer can unilaterally suspend benefits for a qualifying reason. If the employee disagrees, they may request a hearing. The hearing must be held within 60 days.

After 150 days, or at any time, the employer can request a hearing before the Commission to approve the termination of temporary disability benefits.

How Does Reaching MMI Affect How Long You Receive Workers’ Comp in SC?

Reaching MMI usually means the transition from temporary disability benefits to permanent disability compensation. When the worker reaches MMI, their long-term ability to work can be assessed. Permanent disability compensation can then be awarded.

Are temporary disability payments deducted from the permanent disability award in SC?

If you are permanently and totally disabled, weeks of paid temporary total disability are deducted from the permanent total disability award.

If you are found partially disabled for a single body-part impairment, or for 49% loss of use of the back or less, weeks of temporary disability pay are usually not deducted from the permanent impairment award. But if you keep getting temporary partial disability payments after you reach MMI, these weekly payments can be counted against a permanent impairment award.

What Happens To Your Health Insurance When Workers’ Comp Ends in SC?

When workers’ comp ends in South Carolina, your employer-sponsored health insurance will also end, if it hasn’t already. Your injury-related medical care is covered as a workers’ compensation benefit. However, other medical care, including for others on your policy, isn’t covered by workers’ comp.

If you return to work, your employer-based health insurance can resume. You may have the option to elect COBRA coverage, but premiums can be expensive. You may qualify for Medicaid or SSDI Medicare. You may purchase a marketplace policy or join a spouse’s plan.

Note: Check with your employer for their policy when it comes to health insurance while on workers’ comp. Some larger employers and union-based employment may allow injured workers to continue their health insurance while on workers’ comp. Usually, you must continue to pay your portion of the premiums.

What Are Your Options When Workers’ Comp Benefits Run Out in Greenville?

When workers’ comp benefits run out in Greenville, you can:

Challenge the termination: Challenge the termination of your benefits.
Ask for permanent disability: Claim an exception to the 500-week rule if your injuries result in paraplegia, quadriplegia, or physical brain damage.
Apply for disability: Apply for Social Security Disability if you qualify.
Return to work: Resume suitable employment.

Your workers’ compensation benefits may include vocational rehabilitation. A lawyer can pursue the benefits you deserve.

What To Do if Your Workers’ Comp Benefits Are Terminated Too Early in SC?

If your workers’ comp benefits are terminated too early in SC, you can ask for a hearing. A Commissioner can determine your right to benefits. Involve an attorney early to maximize your chances for success.

An experienced Greenville attorney can preserve your rights.