Workers’ compensation is an insurance program paid for by the company you work for. It covers you if you have an accident or become ill while on the job. Depending on the circumstances of your injury, it may cover your medical expenses, treatments, rehabilitation, and lost income.
The purpose of workers’ compensation is to help you recover as quickly as possible so you can return to work. If you are unable to work due to an injury you sustained in the workplace, you may be able to claim benefits for lost wages.
Workers’ Compensation and Lost Wages in South Carolina
If you have been injured on the job or fallen ill due to a work-related incident and you are unable to return to work, you may be eligible for workers’ comp benefits. Many employees are not sure if workers’ compensation will cover their lost wages during this time.
Based on your injuries, workers’ compensation will cover a part of your lost earnings per South Carolina’s Workers’ Compensation Act. This is paid in the form of disability income. How much you receive will depend on the type of accident or illness you have and the severity of your injury or symptoms.
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Types of Disability Income
There are four types of disability disbursement within workers’ compensation per S.C. Ann. § 42-9-5. These are:
- Temporary total disability: If your injury prevents you from working for a minimum of seven days, you can claim disability benefits from the eighth day. The benefits will pay 66 and two-thirds percent of your current weekly income up to a maximum cap.
- Temporary partial disability: If you can return to work but are unable to do the same job or work the same number of hours because of your injury, you can claim temporary partial disability. This benefit pays 66 and two-thirds percent of the difference between your pre-injury earnings and your current earnings.
- Permanent disability: If your physician concludes that you have a permanent disability and are unable to return to work, you may receive permanent disability. These payments amount to 66 and two-thirds percent of your weekly wage.
- Permanent partial disability: If you are permanently disabled, but not fully, you may receive this benefit. The amount is the same as permanent disability, but you will only receive it for a number of weeks. The number of weeks will depend on the type and severity of your injury.
Workers’ compensation benefits can be complicated. It may be beneficial to consult with a workers’ compensation attorney in South Carolina to explore your legal rights and help you file a claim.
Benefits of Hiring an Attorney for Workers’ Compensation
There are many ways that you can benefit from hiring an attorney to help you with your workers’ compensation claim, such as:
- Assessing your eligibility: Not everyone is eligible for workers’ compensation. An attorney will be able to tell you if you are eligible, so you don’t waste time filing. They can also ensure your claim is filled out properly and filed by the deadline.
- Fulfilling legal requirements: If your eligibility is not in question, you must also meet your state’s legal requirements. This entails proving that your injury happened at work, reporting it to your employer promptly, and getting a medical exam from your employer’s approved doctor.
- Filing for the correct benefits: Workers’ compensation can be complicated. Your attorney will be able to determine if you are eligible for medical, vocational, and/or disability benefits or other benefits that may be available in your state.
- Handling the insurance company: Filing a claim for workers’ compensation does not automatically mean you will get it. Your attorney can handle all communications with your employer’s insurance company and advocate on your behalf.
- Overcoming a denial: An attorney can file an appeal if your employer’s insurance company denies your claim or terminates your benefits too soon.
- Getting peace of mind: Why take a risk that could jeopardize your claim and prolong your recovery? With an attorney on your side to answer all your questions and represent your concerns, you can be sure your legal rights are protected.
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Why Choose Hammack Law Firm?
If you’ve been injured at work and need help filing for workers’ compensation, or you have filed a claim, and it has been denied, Hammack Law Firm may be able to help. Our team of attorneys has secured thousands of dollars in workers’ compensation claims over the years, and we understand the nuances of filing for workers’ compensation.
Call a team member today at (864) 326-3333 to discuss the details of your workplace accident or illness. We will help you get the workers’ compensation you deserve for your injury so you and your family will be able to recover. We pride ourselves on providing a small firm feel with big firm experience. The call is free, and there is no obligation.
Call or text 864-740-8653 or complete a Free Case Evaluation form