Workplace injuries occur every day in South Carolina, and worker’s compensation is the safety net designed to provide the care and compensation necessary for injured workers. Understanding the guidelines and processes involved can be a bureaucratic nightmare, so working with an experienced workers’ compensation attorney is often a good idea.
Permanent Impairment Rating in South Carolina
An authorized physician must examine you to determine the level of impairment your injury has caused. The disability will then be evaluated to determine the degree to which it inhibits your ability to work. Beyond the injury itself, your education, experience, and other personal dynamics will be evaluated.
Notably, the determination of permanent disability is not based exclusively on medical factors. Rather, it is related to the ability of the individual to be gainfully employed. If that ability is limited or absent due to an impairment, and if it is unlikely to improve markedly in the future, it will be classified as a permanent disability. In fact, the rating of permanent disability is an administrative, not a medical determination.
On the other hand, physical impairment relates specifically to the functional or anatomical issues that may exist after an accident. If that impairment continues to limit functioning following rehabilitation, it is considered a permanent impairment.
In the event you experience something less than a total recovery, it is possible to receive compensation even though you may have returned to working full-time. Additionally, compensation may be awarded if you are disfigured, including if you experience keloid scarring or serious burns, or any scarring on your face, neck or head.
Total Permanent Disability in South Carolina
Individuals who experience brain damage, paraplegia, or quadriplegia are entitled to weekly benefits for life. Otherwise, those with total permanent disabilities are entitled to just nine and one-half years of compensation.
Appealing Decisions with the SC Court of Appeals
Except in rare cases, decisions made by a workers’ compensation commissioner may be appealed and be revisited by a panel. Such requests for an appeal must be filed within two weeks of the original decision, and include a $150 filing fee. Any appeals of the panel’s decision must then be filed with the Court of Appeals, which can then be appealed with the South Carolina Court of Appeals.
Certainly, the appeals process can become quite cumbersome. The cascade of paperwork, investigation, and footwork necessary to secure a successful appeal can seem overwhelming. But with the experienced and dedicated legal team of Dan Pruitt Injury Law Firm on your side, you can rest assured that the deadlines and forms will be properly addressed, and your legal advocates will fight for the best possible outcomes. For a free, confidential case evaluation, contact us in Greenville today.
Time Limits for South Carolina Workers’ Comp Claims Under SC Law
South Carolina law sets out strict timelines regarding different aspects of workers’ compensation claims. Understanding and meeting critical deadlines is necessary when pursuing benefits, as missing these time limits can result in losing your right to benefits entirely.
The 90-Day Notice Requirement: Don’t Wait
South Carolina law Section 42-15-20 requires employees to notify their employer of a work-related injury within 90 days of the accident. However, waiting anywhere close to this deadline can be a mistake. Insurance companies often use delayed reporting as grounds to deny claims, arguing that if the injury were truly serious or work-related, you would have reported it immediately.
Report your injury to your employer in writing on the day it occurs, after you receive emergency care, or as soon as you realize a condition is work-related. Immediate reporting creates a clear record of when and how the injury happened, making it harder for the insurance carrier to dispute your claim. Delayed reporting gives the insurance company ammunition to question whether the injury actually occurred at work or whether it’s as severe as you claim. Even if your injury initially seems minor, document it right away, as many workplace injuries worsen over time.
The Two-Year Statute of Limitations
Under Section 42-15-40, you have two years from the date of your workplace accident to file a formal workers’ compensation claim with the South Carolina Workers’ Compensation Commission. For occupational diseases and repetitive trauma injuries, the two-year period begins when you receive a diagnosis or reasonably discover your condition is work-related. In cases of workplace fatalities, surviving family members have two years from the date of death to file for benefits.
While two years may seem like ample time, don’t delay filing your claim; the sooner you file, the sooner you can begin receiving benefits for medical treatment and lost wages.
How the Law Calculates Average Weekly Wages for Workers’ Compensation Benefits
Your average weekly wage (AWW) is one of the most important calculations in your workers’ compensation claim because it directly determines how much you’ll receive in wage replacement benefits. South Carolina Section 42-1-40 provides guidelines for these calculations.
The Calculation Method
South Carolina calculates your average weekly wage based on your earnings during the four quarters prior to your injury. This method provides a comprehensive picture of your typical earnings rather than relying on just a few recent paychecks. If you were working multiple jobs at the time of your accident, you can include wages from all those jobs when calculating your average weekly wage.
Impact on Your Benefits
For temporary total disability benefits, you receive two-thirds (66 ⅔ percent) of your average weekly wage. However, there’s a maximum cap set annually by the South Carolina Department of Employment and Workforce, meaning even high earners won’t receive unlimited benefits.
For temporary partial disability, when you can work but at reduced capacity, you receive two-thirds of the difference between your pre-injury average weekly wage and your current reduced earnings.
Your AWW also affects permanent disability benefits, as these are calculated by multiplying a disability percentage by your average weekly wage and a statutorily determined number of weeks. Accurate calculation of your AWW is crucial because underestimating it means receiving lower benefits throughout your claim. An experienced workers’ compensation attorney ensures all eligible wages are properly included in this critical calculation.
SC Law on Workers’ Compensation Lump Sum Settlements
When you have serious injuries that might require long-term benefits, the insurance company might offer a lump sum settlement. Usually, settlement negotiations happen once you have reached maximum medical improvement. Understanding how these settlements work and the protections built into the system can help you make informed decisions about your claim. South Carolina Section 42-9-301 oversees lump sum settlements, aiming to ensure fairness.
Commission Approval Required
South Carolina law requires that all workers’ compensation settlements receive approval from the South Carolina Workers’ Compensation Commission before they become final. This approval process protects injured workers from accepting inadequate settlements that don’t fully compensate them for their injuries. A Commissioner reviews the settlement terms to ensure they’re fair and reasonable given the nature of your injuries, your medical prognosis, and your future needs.
Types of Settlement Agreements
South Carolina generally recognizes two types of workers’ compensation settlements: one that allows you to seek additional medical care within twelve months of the last compensation payment if your condition worsens, and another that provides full and final closure of your claim. The type of settlement you accept has significant long-term implications, particularly if your condition deteriorates after settlement.
Never Settle Without Legal Advice
Insurance companies often approach injured workers with settlement offers that sound appealing but may substantially undervalue their claims. These offers frequently come when you’re financially stressed from lost wages and mounting medical bills, making any money seem attractive. However, accepting a settlement without understanding its full implications can be devastating.
Once you accept a settlement and it receives Commission approval, you typically cannot reopen your claim for additional benefits, even if your condition worsens or you require additional surgery. An experienced workers’ compensation attorney can evaluate whether a settlement offer fairly compensates you for all past and future medical expenses, lost earning capacity, and permanent disability. They can also negotiate with the insurance carrier to obtain a better settlement that truly reflects the value of your claim and protects your future interests.
South Carolina Law Prohibits Retaliation for Filing Workers’ Compensation Claims
South Carolina employment law explicitly prohibits employers from discharging or demoting employees because they have filed or caused to be filed, in good faith, any workers’ compensation proceeding, or have testified or are about to testify in such proceedings. This protection is under Section 41-1-80 and ensures injured workers can pursue legitimate claims without fear of losing their jobs.
Employers who violate this statute are liable in civil court for lost wages suffered by the employee, and workers who are wrongfully discharged or demoted are entitled to reinstatement to their former positions. The burden of proof rests on the employee to demonstrate that the termination or demotion was retaliatory. If you believe you’ve been fired in retaliation for filing a workers’ compensation claim, consult our workers’ comp attorney immediately to protect your rights.
Contact Dan Pruitt Injury Law Firm for Workers’ Compensation Assistance
South Carolina’s workers’ compensation laws can be confusing and stressful, especially when you’re focused on recovering from your injuries. Don’t try to decipher the claim process alone. Contact Dan Pruitt Injury Law Firm today for experienced guidance through every step of your workers’ compensation claim and protect your right to the benefits you deserve.