BackSep 27, 2016 Workers Compensation
A workplace injury can threaten the financial security of an entire family. Medical bills, lost income and other expenses can add up quickly.
Fortunately, most employees in South Carolina are covered by the state’s Workers’ Compensation Act. If you suffered an illness or injury while performing a work-related task, then you may be entitled to compensation for medical care, rehabilitation expenses, lost wages and professional training. Furthermore, the policy should cover incidents regardless of fault. This means that you can be eligible for benefits even if the work injury was partially your fault.
However, very few employers voluntarily step up to the plate and pay injured workers fair compensation. The best way to protect your interests is to hire a personal injury attorney.
What Is My Workers’ Compensation Case Worth
Every workers’ compensation claim is unique, so it is impossible to estimate the value of your claim without knowing the details of your case.
Several factors will influence the amount of compensation you receive. These include:
- Your average weekly wage;
- The parts of the body affected;
- The extent of your permanent impairment or disability; and
- Whether the injury is classified as a total or partial disability.
If your work injury is not that serious for now, you should still consult a doctor and initiate the workers’ compensation process. What may seem like a mild injury in the present can aggravate over time and cause serious health concerns. If you skip the initial steps of filing for benefits, your case will become more complicated down the line.
According to SECTION 42-9-10 of the South Carolina Code of Laws, if your injury causes a total incapacity to do your work, your employer must pay 66 2/3 percent of your average weekly wage during the period of disability. If you could not work for at least seven days, then you will be entitled to compensation starting on the date of the injury.
The maximum duration of workers’ compensation payments is 500 weeks if you suffered total disability or your family member died due to a job-related injury. However, most accidents only affect a single body part, in which case you could only receive compensation under workers’ comp for 300 weeks.
According to SECTION 42-9-30, the duration of workers’ comp benefits can vary from one type of injury to the next. For example:
- The loss of a thumb entitles an employee to 66 2/3 percent of his or her average weekly wage for 65 weeks;
- A less than 50% permanent disability to your back or neck entitles an employee to 66 2/3 percent of his or her average weekly wage for 300 weeks;
- A permanent disability to your shoulder entitles an employee to 66 2/3 percent of his or her average weekly wage for 300 weeks;;
- The loss of an eye entitles an employee to 66 2/3 percent of his or her average weekly wage for 140 weeks;
- A permanent disability to a leg entitles an employee to 66 2/3 percent of his or her average weekly wage for 195 weeks; and
- The loss of a hand entitles an employee to 66 2/3 percent of his or her average weekly wage for 185 weeks.
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call (864) 766-7108 for a free consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
