In South Carolina, you can stay on workers’ compensation total disability benefits for up to 500 weeks (about 9.5 years). However, benefits end sooner for most people because they reach maximum medical improvement or because benefits are terminated for another qualifying reason.
The experienced Greenville workers’ compensation lawyer at Bobby Jones Law discusses how long you can be on workers’ comp in South Carolina.
How Long Can You Stay on Workers’ Comp in South Carolina?
It depends.
It depends on the type of benefit—temporary disability payments or medical benefits. It also depends on whether you qualify for an exception to the 500-week temporary total disability limit because of permanent, total disability.
When Workers’ Compensation Benefits End
Temporary total disability
When you’re hurt on the job, you may receive temporary disability pay (TTD). TTD payments replace your income if you’re unable to work.
It pays 66 2/3% of your income, subject to minimum and maximum amounts.
You can stay on temporary total disability workers’ compensation in SC for 500 weeks or until one of the qualifying reasons for termination of benefits occurs. Usually, benefits end when you return to work.
Temporary partial disability
Temporary partial disability (TPD) benefits are like TTD benefits, but they’re for when you can work in a reduced capacity. TPD benefits pay 66 2/3% of the difference between current and pre-injury wages.
Temporary partial disability benefits are payable for up to 340 weeks, or until one of the qualifying reasons for termination of benefits occurs. Usually, benefits end when you return to full work.
Medical benefits
You can stay on workers’ comp medical benefits in SC as long as the treatment tends to reduce the period of disability. The standard for reducing the period of disability is determined by medical experts to a reasonable degree of certainty.
An employer must provide medical treatment, including supplies, for 10 weeks from the date of injury to cure or relieve the injury. Then, medical benefits are available for an additional time to reduce the period of disability. The term to describe when this period is complete is maximum medical improvement.
A person can stay on medical benefits through workers’ compensation until they reach maximum medical improvement.
Termination of Wage (Temporary Disability) Benefits
Wage replacement (temporary total and partial disability) benefits continue until one of the following occurs:
- The person is cleared to work without restrictions
- The employer offers light duty, accommodating restrictions
- Other employment with equal wages is secured
- Non-compliance with medical treatment occurs
- Suitable work is refused
- The number of weeks payable is exhausted
- The claim is denied in good faith
- Maximum medical improvement is reached
Understanding the Workers’ Compensation Timeline in South Carolina
- The worker reports the injury (within 90 days). There is a two-year limit to file Form 50 (injury) or Form 52 (death) for benefits.
- The worker begins receiving medical care.
- The worker misses more than seven days of work. They start receiving temporary total disability on the eighth day.
- If wage loss extends past 14 days, the worker receives pay for the first week as well.
- The worker collects temporary disability benefits, total or partial.
At this point, one of two things usually happens next.
Return to work
The worker may be cleared to return to work, with or without restrictions. Returning to work either terminates temporary disability benefits completely or reduces them to partial. If the person still needs medical care, their medical care can continue.
Maximum medical improvement
The worker may reach maximum medical improvement—the point where no more medical care will reduce the period of disability. The person will be assessed for an impairment rating and, if qualified, awarded disability pay.
Procedure for Terminating Disability Benefits on Workers’ Comp
There are differing termination procedures for whether the person has been receiving benefits for greater or fewer than 150 days.
Fewer than 150 days
Under 150 days, the employer can unilaterally terminate temporary disability benefits for a qualifying reason. The reason is usually that the employee has returned to work. (See the complete list above.)
In that case, the employer sends Form 15, with Section II completed. It’s a notification that benefits have been stopped. If the worker disagrees, they must request a hearing.
Greater than 150 days
If it has been more than 150 days, the employer will ask you to sign Form 17. If you don’t sign it, there must be a hearing before benefits are terminated. Amounts paid from the notice date can be credited towards disability compensation. The employee may agree to waive the hearing.
Note: If the employer doesn’t follow the proper steps to terminate benefits, they may owe a 25% penalty for the amount withheld, payable to the employee.
Maximum medical improvement as grounds to terminate benefits
Note: Reaching maximum medical improvement alone is not grounds to unilaterally terminate temporary benefits, even under 150 days. If maximum medical improvement is the sole ground, a hearing is required.
The timeline for termination of workers’ compensation benefits in South Carolina is often poorly understood by employers and claims administrators. A lawyer can protect your right to benefits.
Returning to Work—TTD Continuation within 15 Days
Note: If you return to work within 15 calendar days but can’t work successfully because of injuries, TTD payments can resume.
Can Workers’ Compensation Benefits Be Extended in SC?
Yes, workers’ compensation benefits can be extended in SC.
Paralysis and brain damage—the 500-week exception
In cases of extreme disability, the 500-week limitation does not apply. A person who suffers paraplegia, quadriplegia, or severe brain damage may receive benefits for life.
Permanent total disability—ongoing medical care
A person with permanent, total disability qualifies for nursing services, medicines, prosthetics, and hospital care for life.
How Settlement Agreements Affect the Duration of Workers’ Compensation
A workers’ compensation settlement may leave open the possibility of future medical care. In South Carolina, a settlement agreement may allow a person to seek additional medical care within 12 months if their condition worsens.
Contact an Experienced Greenville Workers’ Compensation Lawyer
Reach out to Bobby Jones Law to talk to an experienced Greenville workers’ compensation lawyer about how long you can stay on workers’ compensation in SC.