If an injury or illness prevents you from working, workers’ compensation benefits could help you get the treatment you need and receive a portion of your lost wages while you seek treatment and recover.
Whether you require physical therapy, surgery, or prescription medications, your workers’ comp policy should cover it.
South Carolina laws require employers to provide workers’ compensation benefits to their employees. Although there are various benefits you could receive, there are also some limitations. Many of the benefits cap their benefits at a certain amount, so you only collect up to the maximum payment available. Below are all benefits you could apply for if you sustained an injury at work.
Temporary Disability Benefits
You qualify if you need more than seven consecutive days off from work. However, benefits don’t kick in until you’re out for more than fourteen days. These benefits fall under two separate categories: Temporary Total Disability and Temporary Partial Disability.
- Temporary Total Disability: You receive two-thirds of your average weekly wage. The maximum weekly benefits allowed are set by law every year. These benefits get paid until you reach maximum medical improvement, or you’re able to return to your job.
- Temporary Partial Disability: If you’re able to work, but can’t perform your job at full capacity, you receive two-thirds of the difference between your wages before the injury and after. These benefits get paid for up to 340 weeks at the most.
Permanent Total Disability Benefits
Once you’ve completed treatment for your injuries, your physician will evaluate you to determine if you’re permanently disabled. If you are, you’ll receive payments every week at the same rate that your temporary total disability benefits were.
Benefits get paid for a maximum of 500 weeks for severe injuries, such as loss of limbs. If you sustained specific types of paralysis or brain damage, your benefits could continue for the rest of your life.
Permanent Partial Disability Benefits
If your doctor determines you’re permanently and partially disabled when you conclude treatment, you’re eligible to receive additional benefits.
- Scheduled Losses: Benefits paid for disabilities to specific body parts, such as arms, ears, eyes, legs, hands, feet, and back. You receive two-thirds of your average weekly wage up to the same maximum timeframe as temporary total disability benefits. State schedules assign the duration of payments for a particular body part.
- Unscheduled Losses: Benefits paid for injuries to any organs and body parts not mentioned in the scheduled losses. Similar to scheduled losses, you receive two-thirds of your average weekly wage. The maximum benefits you could receive depends on the severity of your injury.
- Disfigurement: Benefits paid up to fifty weeks for significant disfigurement to the face, neck, head, or any body part you must expose to perform your job. If you received payment for a scheduled or unscheduled loss, you’re not eligible for disfigurement benefits.
Additional Benefits
- Medical: Payment towards necessary medical treatment related to the injury.
- Mileage Reimbursement: Payment for travel to and from any doctor’s appointment.
- Vocational Rehabilitation: If you’re unable to return to your regular job, you’re eligible for placement services to find a new job.
If you suffered an injury at work and would like to know what benefits you’re entitled to, call Hammack Law Firm today. We’ll schedule a free consultation to meet with you and review the details of your case. Our experienced legal professionals are available 24/7, so you can reach us when you need us. Call (864) 479-8742 or send us a message through our contact form.
Employees injured at work can choose between several paths to receive benefits. The main routes include applying for workers’ compensation benefits, filing an insurance claim against the negligent party’s carrier, and filing a lawsuit against the at-fault person. However, you must choose wisely. For example, if you pursue a third-party lawsuit, you will likely have to pay back a portion of your workers’ compensation benefits if your lawsuit is successful.
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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.
