Workers’ Compensation

Types Of Compensation Benefits: Defined

The complexity of the compensation classifications of South Carolina’s Workers’ Compensation system that you will find below is just another example of why you need to hire an experienced Workers’ Compensation attorney to handle your claim and get you the proper amount of benefits and treatment to which you are entitled.  Peter Brown is that attorney!

Temporary Workers’ Compensation benefits are paid on a weekly basis for wages actually lost due to work injury, illness or condition, for which the worker has been documented as disabled in some capacity from work by an authorized or approved medical provider, (e.g., company doctor or emergency room physician writes an “out of work” excuse).

Temporary Workers’ Compensation benefits may be paid for total or partial disability. If the authorized or approved medical provider places the injured employee under such physical restrictions which prevent the employee from working in any capacity for his employer, the employee may be entitled to temporary total Workers’ Compensation benefits.

If the authorized or approved medical provider places the injured employee under physical restrictions that do not prevent him from working but, the recovering worker has to work fewer hours or earn less money per hour, then the employee may be entitled to temporary partial Workers’ Compensation benefits.

When Temporary Benefits Begin:

Temporary Workers’ Compensation benefits are not owed for the first seven (7) days of lost work (this is the waiting period) and benefits do not become payable or owed until after the worker has actually been out of work with a loss of earnings for fourteen (14) entire work days.

Retroactive Payment:

At that time, payment of temporary Workers’ Compensation benefits should commence retroactively to the first date of disability with lost earnings. (This is assuming that the employer was made aware of the employee’s injury on the date on which the accident occurred).

Practically speaking, many employers will pay an injured worker for the remainder of the day on which he was injured even if he did not complete the workday. If this the case, the period of disability with lost earnings would not start until the day after his injury.

Maximum Compensation Rate:

There is a maximum compensation rate for Workers’ Compensation benefits, and it is adjusted each year based upon changes in the state average weekly wage, as determined by the South Carolina Department of Workforce and Employment.

The individual worker’s weekly Workers’ Compensation rate should be calculated using all of the workers’ gross pre-injury wages for the four quarters/one- year period prior to the injury, including earnings from second jobs. This is especially important to police officers and firefighters who often work several off-duty jobs that contribute substantially to the worker’s gross pre-injury wages.

We routinely work with the Human Resource Departments of law enforcement agencies and municipalities to confirm that all of the injured worker’s off duty wages are accurately documented and properly calculated into the Average Weekly Wage equation. Permanent partial/total disability benefits are paid for permanent injuries.

The South Carolina Workers’ Compensation law includes a “scheduled member” section and regulations which are intended to serve as “guides” for assessing the permanent disability benefits owed for injuries to specific body parts and systems.

We work to develop the Workers’ Compensation case around the actual disability the individual injured worker has suffered. In other words, we argue for not only the “book value” of the permanent impairment but, also how this work injury has permanently affected the worker’s ability to earn a living, wage loss, considering that person’s work history, education, other health issues and the general job market in the area in which that person lives.

Non Taxable Benefits:

Workers’ Compensation benefits are not taxed in South Carolina, whether paid as temporary total or temporary partial benefits, permanent total or permanent partial benefits or award, or as a lump sum settlement pursuant to a clincher agreement.

The complexity of the compensation classifications of South Carolina’s Workers’ Compensation system is just another example of why you need to hire an experienced Workers’ Compensation attorney to handle your claim and get you the proper amount of benefits and treatment to which you are entitled.

Please feel free to call us at 843-971-0099. You can click here to reach us now and set up a no-cost confidential conference to evaluate your claim.