You can stay on workers’ compensation in SC until your benefits end for a listed reason, or until you receive 500 weeks of benefits. How long you stay on benefits depends on the extent of the disability and how it impacts your ability to work. You must comply with medical care and light-duty work, if offered, to continue receiving benefits. Our experienced Summerville workers’ compensation lawyer explains factors that can impact how long one can receive benefits.
How Long Can You Be on Workers’ Comp in South Carolina?
When it comes to how long you can be on workers’ comp in South Carolina, there are two primary considerations: your medical benefits and your temporary total disability (TTD) benefits. The different types of benefits have different time frames for how long you can stay on workers’ comp.
Temporary Total Disability (TTD)
TTD benefits are replacement income for lost work. If you’re unable to work because of your injuries, you may claim TTD benefits. There is a waiting period of seven calendar days. But the seven-day period is subject to backpay if the disability extends past 14 days.
A person can generally stay on TTD workers’ compensation benefits for up to 500 weeks, until they return to work, or until a reason for termination occurs.
Most people do not stay on benefits for 500 weeks. That’s almost 9.5 years. Usually, TTD benefits end when a person can return to work or when they reach maximum medical improvement.
Medical benefits
Medical benefits continue in SC workers’ comp for as long as needed to lessen the period of disability. The employer must provide medical benefits to effect a cure or give relief to the injury for up to 10 weeks from the date of injury. (S.C. Code § 42-15-60). Medical benefits end when the person reaches maximum medical improvement (MMI).
Treatment may include:
- Medical
- Surgical
- Hospital
- Supplies
- Other treatment
The commission may order medical care for an additional period of time if reasonable, as shown by expert medical evidence. Even at maximum medical improvement, you may qualify to receive additional treatment to maintain a certain level of health.
Ending Benefits for Workers’ Comp in SC
How workers’ comp benefits end depends on how long you have been receiving benefits. When benefits have been paid for less than 150 days, the employer may terminate them for a qualifying reason. The employer sends a notice. Then, if the worker disagrees, they must ask for a hearing.
When benefits have been paid for 150 days, the employer may ask the worker to agree to terminate benefits. If the employee does not agree and refuses to sign the form, the employer must ask for a hearing to terminate benefits.
Note: An employer may not unilaterally terminate benefits on the grounds of maximum medical improvement. They must ask for a hearing if the employee does not agree. An attorney can assist you in challenging a determination of MMI and your continued right to benefits.
Qualifications for Workers’ Comp
A person qualifies for workers’ comp when they are injured in the course and scope of their employment. An injury must arise out of an accident in employment.
A person may also qualify for workers’ compensation based on:
- Disease resulting from a workplace accident
- Repetitive trauma caused by workplace activity
- Illness, occupational disease caused by hazards exceeding those of ordinary employment
To receive benefits, you must report a work-related injury within 90 days. You have two years from the accident date to file Form 50 (injury) or Form 52 (death) to protect the right to benefits. There is no fee to file a claim.
How Long Can You Receive Benefits?
You can continue to receive workers’ compensation benefits in South Carolina until you receive the maximum number of weeks, or until there is a qualifying reason to end benefits. For example, if you improve enough medically that you can return to your employment without restrictions, you no longer need wage replacement benefits.
Other reasons for termination of benefits are related to non-compliance with the claim. For example, refusing suitable work or failing to accept offered medical care can result in termination of benefits.
Benefits may terminate if an employee refuses to accept medical evaluation or treatment when provided by the employer or ordered by the commission. However, the commission may order a change in medical or hospital services, if appropriate.
Disputing termination of workers’ compensation benefits
The employer and employee may disagree about ending workers’ compensation benefits. The employer may say that you are cleared to return to work when it’s not realistic. There could be a dispute about whether you need surgery, physical therapy, or rest to treat an injury. Disputes can arise about whether light duty is appropriate. A lawyer can help you fight for your benefits.
Permanent disability vs temporary disability
Permanent disability and temporary disability are two different things in South Carolina workers’ compensation. Temporary disability replaces wages if a person cannot work while receiving medical care. Permanent disability compensates a person to the extent that they have disabilities that do not fully heal.
Workers’ compensation doesn’t include pain and suffering. Rather, permanent disability, despite maximum medical improvement, is compensated. The amount paid depends on the body part or parts affected, the extent of disability, and wages before injury. Permanent disability compensation may fall under the S.C. disability schedule, or an unscheduled award may be fashioned.
Temporary total disability vs temporary partial disability
Sometimes, the inability to work is only partial. A person may be able to work reduced hours, for example. They may be able to work in a different position that accommodates their restrictions. To the extent a person can work some, with lower pay, they may qualify for temporary partial disability.
While TTD benefits are capped at 500 weeks, permanent partial disability (PPD) benefits are capped at 340 weeks. Benefits end after 340 weeks or for a reason for termination. Often, benefits end when the person can return to full work. TPD benefits are 66 2/3% of the income difference pre and post-injury.
Lifetime benefits
Someone suffering paraplegia, quadriplegia, or severe brain damage may receive lifetime benefits, including medical and nursing care. Benefits will continue to be paid periodically. The 500-week limit does not apply.
How a Summerville Workers’ Compensation Lawyer Can Help
A Summerville workers’ compensation lawyer can help with:
- Evaluating how long you can stay on benefits
- What you need to do to continue benefits
- Challenging termination of benefits
- Following procedural steps to advance your claim
A Summerville workers’ compensation lawyer can assist with ensuring you stay on workers’ compensation benefits for as long as you deserve.
Contact Us
West Law Firm has been serving the Lowcountry since 1945. Contact us to talk to a Summerville, SC workers’ compensation lawyer. See how long you can stay on benefits and how a lawyer can help. Call or message us now.