Understanding Your Rights After a Work Injury in South Carolina
Understanding how workers compensation benefits South Carolina are calculated is crucial for injured workers navigating the South Carolina workers compensation system. Whether you’ve suffered a workplace injury, repetitive stress injuries, or another work related injury, knowing the formula for determining your workers compensation benefits South Carolina can help you make informed decisions throughout your claim.
What Is Workers Compensation in South Carolina?
Workers compensation is a form of insurance required by South Carolina law for most South Carolina businesses with four or more employees, including real estate agents and some agricultural employees. Employers must carry workers compensation insurance to cover medical treatment, lost wages, and other financial benefits for injured employees.
Average Weekly Wage: The Foundation of Your Benefits
The starting point for calculating workers compensation benefits South Carolina is your average weekly wage. This figure is based on your pre injury wages and includes earnings from two or more jobs, if applicable. The average weekly wage based formula typically uses the 52 weeks prior to the on the job injury.
Compensation Rate and Maximum Average Weekly Wage
Once your average weekly wage is calculated, your weekly compensation rate is generally two-thirds of that amount. However, there is a cap known as the maximum average weekly wage, which is set annually by the South Carolina Department of Employment and Workforce. Your workers compensation benefits South Carolina cannot exceed this cap.
Types of Workers Compensation Benefits in South Carolina
Depending on your condition, workers compensation benefits South Carolina may include:
- Medical benefits: Covers medical treatment, medical expenses, medical care, medical supplies, and treatment from your treating physician.
- Temporary partial disability: For those who can return to work in a reduced capacity.
- Permanent partial disability: For a permanent injury with a reduced earning capacity.
- Total and permanent disability: For permanently disabled workers unable to return to any job.
- Death benefits: Paid to wholly dependent survivors, including funeral and burial costs and compensation for a deceased employee.
Maximum Medical Improvement and Your Claim
Once a treating physician declares you’ve reached maximum medical improvement (MMI), your workers compensation case enters a new phase. At this stage, medical evidence such as an impairment rating determines if you’re eligible for permanent partial disability or total and permanent disability. Your employer’s insurance company or their insurance representative will review the evidence to decide your benefit amount.
Settlements and Additional Benefits
Some injured workers may qualify for workers compensation settlements once they’ve reached maximum medical improvement. These settlements can cover future medical costs, lost wages, or additional benefits. If the injury occurred while pursuing an education, the injured worker may receive assistance for an accredited educational institution.
Workers Comp Coverage and Time Limits
South Carolina has a seven day waiting period before you can begin receiving benefits, but if you’re out of work for more than seven days, you may receive retroactive pay. It’s important to report your injury promptly and ensure the employer’s insurance representative files the correct workers compensation claims with the insurance carrier.
Who Must Carry Workers Compensation Insurance in South Carolina?
Under South Carolina law, most South Carolina businesses with four or more employees must carry workers compensation insurance, including coverage for part-time, seasonal, and full-time workers. Some exceptions apply for federal employees, certain agricultural employees, and real estate agents.
Get the Compensation You Deserve—Take Action Today
Navigating a workers compensation case in South Carolina can be complex, especially when dealing with the insurance company and understanding your rights under South Carolina workers comp law. Whether you’re recovering from a work injury, facing permanent disability, or seeking death benefits for a loved one, understanding how workers compensation benefits South Carolina are calculated gives you the power to advocate for yourself. Always consult a professional if you’re unsure about your specific situation.
Understanding the entire process of workers compensation benefits South Carolina helps injured workers ensure they receive the awarded benefits they deserve, whether that includes lifetime benefits, temporary partial disability, or reimbursement for medical expenses. Don’t leave your future to chance—contact a qualified South Carolina workers’ compensation attorney [phone] today to protect your rights and maximize your benefits. The sooner you act, the sooner you can secure the financial benefits, medical care, and peace of mind you deserve.