Workers’ Compensation Benefits in South Carolina: What Are You Entitled To?

The short answer: South Carolina workers’ compensation is a no-fault system, so you don’t have to prove your employer did anything wrong to receive benefits. If you’re hurt on the job, you may be entitled to covered medical treatment, wage-replacement benefits worth about two-thirds of your average weekly wage while you are unable to work. There are also permanent disability awards for lasting injuries, and death benefits for a worker’s dependents. To protect your claim, report the injury to your employer within 90 days and file with the Workers’ Compensation Commission within two years.

Getting hurt at work can turn your life upside down. You’re in pain, the bills are piling up, and you’re worried about covering rent while you’re out of work. We understand, and you don’t have to sort it out alone. Here’s a plain-English look at the workers’ comp benefits available in South Carolina and how to protect them.

West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945. Our Moncks Corner workers’ compensation attorneys handle claims for injured workers in Moncks Corner and throughout Berkeley County, and your first consultation is always free.

In this article, we discuss:

– Whether South Carolina workers’ comp is a no-fault system.

– What medical benefits you can receive.

– How wage-replacement benefits work.

– Permanent disability and scheduled-member awards.

– Death benefits for a worker’s family.

– How to start a claim and the deadlines that apply.

Is South Carolina’s Workers’ Compensation A No-fault System?

Yes. You don’t have to prove your employer was careless or did anything wrong to qualify. If you were injured on the job, you’re generally covered even if the accident was partly your own doing.

That’s the tradeoff at the heart of workers’ comp. In exchange for benefits regardless of fault, you generally cannot sue your employer directly for a workplace injury. What matters is that your injury arose out of and happened in the course of your employment.

What Medical Benefits Can You Receive?

Workers’ compensation covers the authorized medical care you need to treat your work injury. That includes doctor visits, hospital care, surgery, physical therapy, prescriptions, and necessary supplies, as well as mileage to and from authorized appointments.

One catch: in most cases, your employer or its insurance carrier directs your care and chooses the authorized treating doctor. Go outside that care without approval, and the insurer may refuse to pay. In cases involving total and permanent disability, South Carolina law provides medical care and treatment during the life of the injured employee. Not sure which doctor you’re allowed to see? Ask us during your free consultation.

How Do Wage-Replacement Benefits Work?

If your injury keeps you out of work, you may receive weekly checks that replace part of your lost income. These benefits are based on your average weekly wage, which comes from what you earned before you were hurt.

Temporary total disability

Temporary total disability applies when you are unable to work at all while you recover. Under S.C. Code Ann. § 42-9-10, it pays 66 2/3% of your average weekly wages, but no more each week than the average weekly wage in the state for the preceding fiscal year, a cap that’s adjusted annually. Under S.C. Code Ann. § 42-9-200, there’s also a short waiting period: no compensation is allowed for the first seven calendar days of disability, but if the injury results in disability of more than 14 days, compensation is allowed from the date of the disability.

Temporary partial disability

Temporary partial disability applies when you return to a lighter role but earn less than before. Under S.C. Code Ann. § 42-9-20, it generally pays 66 2/3% of the difference between your average weekly wages before the injury and what you’re able to earn afterward, for no more than 340 weeks from the date of injury.

What Are Permanent Disability And Scheduled-member Benefits?

If your injury causes lasting damage, you may be entitled to permanent disability benefits even after you’ve healed as much as you’re going to.

Scheduled-member awards

South Carolina uses a schedule that assigns a set number of weeks of compensation for the permanent loss or loss of use of specific body parts. For example, under S.C. Code Ann. § 42-9-30, the loss of a thumb is compensated at 66 2/3% of the average weekly wage for 65 weeks, and the loss of an index finger for 40 weeks. Larger body parts carry more weeks, and partial loss of use pays a proportional share.

Permanent total disability

Permanent total disability applies when you cannot return to gainful work at all. These benefits are generally capped at 500 weeks. But workers who are paraplegic or quadriplegic, or who have suffered physical brain damage, aren’t subject to that limit and receive benefits for life.

What Death Benefits Are Available To A Worker’s Family?

When a work injury leads to a worker’s death, workers’ compensation provides death benefits to the surviving dependents. Eligible dependents, such as a spouse and children, may receive weekly payments based on the worker’s average weekly wage, along with help toward burial expenses.

No benefit can undo the loss of a loved one. These benefits can ease the financial strain while your family grieves.

How Do You Start A Workers’ Comp Claim In South Carolina?

Starting a claim takes two steps: reporting your injury to your employer and filing with the South Carolina Workers’ Compensation Commission. Both carry deadlines, and missing them can cost you your benefits.

Report the injury to your employer as soon as you can. Under S.C. Code Ann. § 42-15-20, no compensation is payable unless notice is given within 90 days after the accident, absent a reasonable excuse. Then, under S.C. Code Ann. § 42-15-40, your right to compensation is barred unless a claim is filed with the commission within two years after the accident.

Hurt on the job in Moncks Corner or Berkeley County? Contact West Law Firm Personal Injury Lawyers for a free consultation. Call our Moncks Corner office at 843-483-8630.

Frequently Asked Questions About South Carolina Workers’ Compensation Benefits

How much does workers’ comp pay in South Carolina?

Wage-replacement benefits generally equal about two-thirds (66 2/3%) of your average weekly wage, up to a statewide maximum that changes each year. The exact amount depends on your earnings before the injury and the type of benefit you qualify for.

Do I have to prove my employer was at fault?

No. Workers’ comp is a no-fault system, so you generally qualify even if the accident was partly your fault. You do have to show the injury happened on the job and follow the reporting and filing rules.

What if my workers’ comp claim was denied?

A denial isn’t the end. Claims are often denied due to disputes over medical care, questions about whether the injury is work-related,, or missed deadlines. We can request a hearing before the Commission and work to have your benefits reinstated. This is where help from an experienced workers’ comp attorney matters most.

What does it cost to hire a workers’ comp lawyer?

Your consultation is free, and we handle these claims on a contingency basis. That means there’s no upfront cost, and attorney fees come out of the benefits we help you recover, and the Commission must approve them.

Get Workers’ Comp Help In Moncks Corner And Berkeley County

You focus on healing, and let us handle the paperwork, the insurance company, and the deadlines. For nearly 80 years, West Law Firm Personal Injury Lawyers has stood with families across the Lowcountry, and as a family-owned firm, we treat your case like our own.

Hurt on the job in Moncks Corner or Berkeley County? Contact West Law Firm Personal Injury Lawyers for a free consultation. Call our Moncks Corner office at 843-483-8630. Serving the Lowcountry since 1945.