There are several types of workers’ compensation benefits available to injured workers in South Carolina. Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains what injured workers need to know.
What Workers’ Compensation Benefits Are You Entitled to in South Carolina?
There are several categories of workers’ compensation benefits that may be available in South Carolina:
- Medical care. To treat the injury, provide relief from it, and minimize disability.
- Temporary Total Disability. Complete inability to work while receiving medical care.
- Temporary Partial Disability. Partial inability to work while receiving medical care.
- Vocational rehabilitation. To minimize income loss.
- Permanent impairment. When an injury does not fully heal.
- Total and permanent disability. For a severe injury that completely prevents employment for life.
- Severe injury exception. Exception to the 500-week benefit limit for extremely debilitating injuries.
- Death benefits. When a workplace injury results in death.
What you qualify for depends on the specifics of your case.
Medical Benefits: What Treatment Does Workers’ Comp Cover in SC?
Medical benefits may include:
- Medical care
- Surgery
- Hospital
- Other treatment
Care is covered if it is reasonable to shorten the period of disability to a reasonable degree of medical certainty.
Workers’ compensation medical benefits last for 10 weeks from the date of injury and continue for an additional period as needed. The employer may voluntarily provide additional, necessary treatment. If additional care is offered but refused, compensation pauses unless the refusal is justified.
Temporary Total Disability Benefits: What Are They and How Are They Calculated in SC?
Temporary Total Disability (TTD) benefits are payable when a person can’t work while they are recovering from an injury.
TTD benefits are calculated at 66 2/3% of the person’s average weekly wage before injury. There is a weekly minimum ($75); the maximum amount is set by regulators and adjusted annually.
Temporary Partial Disability Benefits: What Happens When You Can Work but Earn Less?
When you can work but earn less, you may receive Temporary Partial Disability (TPD). TPD pays 66 2/3% of the difference in wages before and after the injury.
Permanent Partial Disability Benefits: What SC Workers Need To Know
When injuries do not fully heal, the worker may qualify for Permanent Partial Disability (PPD). The compensation amount is based on the body part injured, the severity of the impairment, and the person’s wages before injury. The doctor assigns an impairment rating, and compensation awarded may account for individual vocational circumstances.
Permanent Total Disability Benefits: When Are You Entitled to Lifetime Benefits in SC?
When a workplace injury results in a complete, lifelong inability to work, the person has Total and Permanent Disability. Some injuries automatically qualify, such as the loss of both hands, feet, or legs; the loss of both eyes; a combination of any two of these members; or the loss of 50% or more of the use of the back.
When a person has Total and Permanent Disability, they may receive reasonable and necessary medical care for life, with no maximum.
Vocational Rehabilitation Benefits: What SC Workers’ Comp Covers for Retraining
Vocational rehabilitation benefits minimize wage loss. Specific services may include:
- Evaluation
- Job counseling
- Training
- Education
- Job modification and assistive technology
- Job search
SC workers’ compensation benefits for vocational rehabilitation may include what’s reasonably necessary to restore the worker to suitable employment.
Death Benefits: What Families of Fatally Injured Workers Can Recover in SC
Death benefits are calculated at 66 2/3% of the workers’ average weekly wage. In addition, workers’ comp may pay burial expenses of up to $12,000.
The workers’ spouse and minor children are dependents of the deceased employee. If there is more than one whole dependent, death benefits are divided among them. If there are whole dependents, partial dependents receive nothing. If there are no whole dependents, partial dependents may receive death benefits.
How Long Do Workers’ Comp Benefits Last in South Carolina?
How long workers’ comp benefits last in South Carolina depends on the type of benefit:
Medical benefits
Each permanent disability award must state whether future medical care will be provided. If it is, the agreement must be as specific as possible.
When a claim settles for permanent disability and disfigurement, the employer doesn’t have to provide medical benefits after a one-year lapse, unless:
- Agreement. The settlement agreement says otherwise.
- Ruling. The Commission rules otherwise.
- Attempts. The employee has made reasonable efforts to obtain medical care but hasn’t received it, through no fault of their own.
Total temporary disability
TTD benefits are payable for up to 500 weeks, until the person returns to work, reaches maximum medical improvement (MMI), or there is another qualifying reason to end benefits.
Partial disability
PTD benefits are payable for up to 340 weeks, until the person returns to work, reaches maximum medical improvement (MMI), or there is another qualifying reason to end benefits. If partial disability begins after total disability, total disability weeks are not deducted from the maximum weeks of partial disability.
Severe, permanent disability
If injuries result in paraplegia, quadriplegia, or physical brain damage, the 500-week pay limit does not apply. A lump sum may not be awarded for lifetime benefits.
Death benefits
Death benefits are payable for up to 500 weeks. Weeks paid after injury but before death are deducted from the total weeks payable. If the spouse remarries, they receive a two-year lump sum award, and benefits cease. Death benefits for minor children end at age 18, or 23 for full-time students. If the child is disabled, benefits may continue beyond age 18.
Vocational rehabilitation
Usually, the time frame for vocational rehabilitation is 52 weeks, but it can be extended for 26 more weeks for retraining.
Why Greenville Workers Should Consult an Attorney Before Accepting Any Workers’ Comp Benefit Offer
Without an attorney, it’s easy to miss the benefits that you deserve. You may have entire categories of benefits that you’re not aware of.
An experienced attorney can evaluate your benefits, protect your rights, and maximize your compensation.
Talk to a Lawyer
Attorney Robert “Bobby” Jones knows what workers’ compensation benefits are available in South Carolina. To talk to a lawyer about your case, call or message us now.
