Disability Benefit Categories for Workers' Compensation | Steinberg Law Firm

Disability Benefit Categories for Workers’ Compensation

Personal Injury Lawyers Representing Charleston & nearby areas of South Carolina

Part of the agreement implicit in any workers’ compensation case is that the injured party will be appropriately compensated for any disability incurred by a work injury. In South Carolina, two major criteria are used to determine compensation: whether your disability is temporary or permanent, and whether it is partial or total. This determination could make a big difference in what you receive.

If you have been injured in the course of your job and are planning on filing a workers’ comp claim, the Charleston work injury lawyers at Steinberg Law Firm are here for you! From helping you file your claim to representing you at a hearing, we can help with every step of the process. Call us at 843-720-2800 for a free case review.

In the state of South Carolina, your benefits are calculated based on your average weekly wage. The state determines your average weekly wage by calculating how much you made, on average, each week over the last four fiscal quarters. Generally, you will be paid 2/3 of your average weekly wage during your time on disability.

South Carolina puts two restrictions on the average weekly wage. First, if your average weekly wage is calculated to be less than $75, you are paid your full wage while on disability. Second, if 2/3 of your average weekly wage is greater than the average weekly wage in the state of South Carolina, your disability will be reduced so you are only paid the state average.

When your injuries preclude you from working entirely, you qualify for total disability. Total disability gives you 2/3 of your average weekly wage for a maximum of 500 weeks. The extent of your injuries can also affect your benefits. According to South Carolina law, you qualify for temporary total disability benefits if your injury results in any of the following:

If your injuries are permanent, you qualify for permanent total benefits, and receive 2/3 of your average weekly wage for the full 500-week period. However, if your injuries have left you with brain damage, or have left you a paraplegic or quadriplegic, there is no time limit–you should receive benefits for the rest of your life.

As with total disability, partial disability benefits are paid out depending on whether the injuries are permanent or temporary. Because permanent partial disabilities usually refer to the loss of some body part, either through nerve damage or amputation, state laws specify a compensation for the permanent loss of each body part. Once again, disability payments are calculated as 2/3 of your average weekly wage.

Some examples of permanent partial disability benefits include:

If your partial disability is temporary, you can qualify for temporary partial disability benefits. These pay you 2/3 of your average weekly wage for a maximum of 340 weeks. Once you recover from your injury, you may wish to go back to work for a full wage, and your temporary disability payments will stop when you start working again.

At the offices of Steinberg Law Firm, our workers’ compensation attorneys have a great deal of experience in employment law and workplace injury cases. We know how much you are owed by employers and insurance companies, and are not afraid to take them to court if they refuse to pay up. Your workers’ compensation case is in excellent hands with Steinberg Law.

To get a free case review from Steinberg Law Firm, contact us at 843-720-2800. We serve clients in Charleston, Summerville, and the surrounding areas.

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