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Workers’ Compensation Law in South Carolina

Being injured on the job can be a painful and scary experience.  Suffering an injury while at work is bad, and attempting to navigate the workers’ compensation process can be very confusing and time consuming.  In most cases someone who is injured while at work is entitled to compensation for their injury.  How can you be sure you are being treated fairly and are receiving all the benefits you are entitled to?  Here is a quick summary of the main benefits that the South Carolina Workers’ Compensation Act provides for injured workers:

The South Carolina Workers’ Compensation Act provides for three main types of benefits.  The first type of benefits is medical care provided by the employer and their insurance company.  There is no deductible for medical care provided by an employer for a work related accident; the employer is responsible for every dollar.  Additionally, according to South Carolina Regulation 67-1601, gas mileage to and from a medical provider’s office that is more than five miles away from the injured worker’s home is included in the benefits paid for medical care.  Also, an injured worker may recover the actual cost of public transportation and reasonable overnight lodging.

The other benefits paid prior to a determination of permanent disability relate to the injured worker’s inability to earn the wages they were earning when they were injured.  There are two types of benefits paid as wage replacements.  The first is temporary total disability or TTD.  An injured worker receives TTD when the injury renders them unable to return to work.  TTD is sixty-six and two-thirds percent of the average weekly wages the worker was earning at the time of injury.  The second type of benefit paid as a wage replacement is temporary partial disability or TPD.  TPD is paid when an injured worker cannot return to the same job he worked prior to the injury.  If the injured worker makes less money in the new job than in the old job, she is entitled to TPD.  An injured worker is entitled to TPD in an amount equal to sixty-six and two-thirds percent of the difference between the amount earned in the old job and the amount earned in the new job.

Finally, the Act provides for compensation for any permanent impairment that an injured worker suffers as a result of their work-related injury.  There are variations on what type of compensation for permanent impairment that an injured worker is entitled to.  The type of compensation depends greatly on the severity of the injury, the number of body parts affected, and the effect of the injury on the employee’s ability to return to work.  The important thing to remember is that injured employees are entitled to compensation for the lasting impact that their work-related accident has on their life.

If you or a loved one has suffered an injury at work please contact the experienced workers’ compensation attorneys at McWhirter, Bellinger & Associates to schedule a free consultation.