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Worker’s compensation is a type of social law in South Carolina that compensates injured workers. The great news is that this is a no-fault system, which means you will most likely be compensated whether the fault is yours, your employer’s, or both. The unfortunate thing is that damages are limited. Because of the damages cap, you will receive medical care based on your injury.
You will be eligible to receive weekly payments to assist you when you are off work healing from your injuries, as directed by your doctor.
If you’ve been hurt in the workplace in any occupation, you’ll be given a disability rating, which will aid in deciding how much workers’ compensation payments you’ll get.
In South Carolina employees’ compensation legislation, there are several difficulties and intricacies that necessitate the assistance of an expert attorney.
When discussing benefits, it’s crucial to realize that “disability” and “impairment” have distinct meanings. The term “impairment” alludes to a problem with your neurological or physical condition, whereas “disability” pertains to the limitations and constraints placed on your capacity to execute duties.
How Does South Carolina Determine Employee Compensation Claim?
The disability given to you by your physicians will be the initial step in assessing the amount of your disability under the South Carolina Workers Compensation Act if you’ve experienced any form of damage to a physical part, organs, or psychological harm.
It is critical to understand that the disability granted to you will not be awarded until you have reached MMI (Maximum Medical Improvement). MMI refers to the moment where there are no further changes after you’ve recovered from your injury (s).
That isn’t to suggest you’ve entirely recovered from your injury or that you’ve achieved a full recovery. It simply means that over a period of time (typically 6-12 months), your physicians will determine whether or not you’ve reached a point where you’re unlikely to become better or worse.
Your conditions can improve or deteriorate after reaching this benchmark, so it’s just a starting place where the doctor asserts they have a rational ability to evaluate your situation and determine the probability of long-term disability, if any, as a result of your work-related injury.
What Happens After I Get my Physicians Disability Rating?
After getting your physician’s disability evaluations, you can go before the tribunal to show your disability using either “medical theory” or “economic theory.” When claiming that you have lost your earning ability, you use economic theory.
In contrast, when you go with the medical theory, you would utilize your physician’s medical disability assessment to try to establish that you had some form of impairment, even if you were able to go back to work while earning the same amount of money or more than you made before the workplace accident.
Whether you use one or both of these theories, you bear the burden of evidence by demonstrating that your disability qualifies you for benefits. Having a doctor’s opinion that clearly says that you have a disability due to the injury is the best method to show this. This is the clinical legal standard needed in South Carolina when demonstrating your medical issue in a worker’s compensation claim case.
To sum it up, navigating the South Carolina Workers Compensation Act may be overwhelming. It is advisable to hire a skilled South Carolina employees’ compensation lawyer who is familiar with the worker’s compensation law and can guide you through the numerous legal challenges and barriers that will undoubtedly arise over the course of your case.
If you are from Charleston and the surrounding South Carolina area, David Aylor Law Offices is the law firm you should look for when seeking a worker’s compensation claim.
How is the Average Weekly Wage Determined?
Your typical weekly pay determines the amount of lost earnings compensation you get for your accident. This is calculated by assessing your pre-tax income for the four financial quarters leading up to your accident.
Factors that may impact this estimate include:
- How much time you have worked.
- Whether you have worked in the same sector in the previous year.
- Whether you were a temporary or a permanent employee.
The highest amount you can get for total disability is two-thirds of your typical weekly earnings. You are exempt from the limit if you earn less than $75 each week. A monetary restriction is also in place, which fluctuates every year.
The state of South Carolina caps permanent disability compensation to 500 weeks. Paraplegics, quadriplegics, and individuals with brain injury, on the other hand, can get benefits for the rest of their lives.
How are Limitations on Benefits Determined?
South Carolina law places a time restriction on how much time you can get compensation depending on which body part is afflicted, for example:
- Forty weeks for index finger injuries.
- One hundred eighty-five weeks for hand injuries.
- Three hundred weeks for shoulder injuries.
- One hundred forty weeks for foot/ feet injuries.
- One hundred forty weeks for eye injuries.
This is the optimum number of weeks for which your employer can continue paying worker’s compensation; however, if you can still make use of the damaged body part, the court will shorten this time frame appropriately. In addition, each wounded body part has a monetary limit.
How Does Impairment Rating Work?
The physician treating your injuries will most likely issue a disability rating to the affected body part, and compensation discussions will begin from there.
For example, if you have a 30% disability rating on your shoulder, the benefits will extend for 90 weeks (30% of 300 weeks = 90 weeks).
Nevertheless, there are a slew of factors that might contradict this assessment. In your workers’ compensation diagnosis, physicians use a range of resources. The rating attached to your injury depends on which guideline a physician employs. Some jurisdictions, for example, have dismissed the 6th edition of the American Medical Association Guide due to its complexities and the unjustly low ratings it recommends, particularly for spinal injuries.
How David Aylor Law Offices Can Help You
Attempting to manage a complaint by yourself while having a disability might result in unfavorable outcomes for you. Our skilled attorneys can help you obtain a favorable outcome.
For over 15 years, David Aylor Law Offices has been dedicated to safeguarding the rights of people like you who have been injured on the job.
Our skilled workers’ compensation lawyers in South Carolina will pay attention to your requirements and advocate for the results you deserve. Don’t take risks with your health or the safety of your family. Contact David Aylor Law Offices to book a consultation today with one of our Myrtle Beach Workers’ Compensation attorneys.
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FAQs
Can your Employment be Terminated while you are on Worker’s Compensation in South Carolina?
You cannot be fired for filing for workers’ compensation payments.
What Happens if I am Terminated from My Job While on a Worker’s Compensation in South Carolina?
You can initiate a legal complaint against your employer if you are unlawfully terminated on these grounds.
How can I find Out if My Employer Offers Worker’s Compensation?
Fortunately, most businesses with four or more workers are obliged to offer workers’ compensation coverage.
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