How Are SC Workers’ Compensation Benefits Calculated?

Getting injured at work is stressful enough without having to worry about how you’ll make ends meet during recovery. Fortunately, the SC workers’ compensation system is here to help!

But figuring out how those benefits are calculated can feel like trying to solve a puzzle. Let’s break it down, so you know what to expect and how to get the support you deserve.

Understanding the Basics of SC Workers’ Compensation

What is Workers’ Compensation?

Think of workers’ compensation as a safety net. If you get hurt or sick because of your job, this steps in to cover medical bills and lost wages. The best part? You don’t have to prove your employer was at fault — this system is designed to support you, no questions asked.

What Does SC Workers’ Compensation Cover?

SC workers’ compensation covers a wide range of work-related injuries and illnesses. These can include minor mishaps like sprains to more serious conditions that require extended medical treatment or time off work.

• Medical Expenses: Covers your doctor visits, hospital stays, surgeries, medications, and even physical therapy.
• Lost Wages: If you’re unable to work due to your injury, you’ll receive a portion of your lost income.
• Disability Payments: Depending on the severity of your injury, you might receive temporary or permanent disability benefits.
• Death Benefits: If the unthinkable happens, your dependents may be entitled to financial support.

Whether you’re working in the service industry or in more of an office setting, this system is meant to help when things go wrong. The biggest thing to note is that the injury or illness must occur while you are performing job-related duties.

How Is Your Compensation Calculated?

At the heart of your workers’ compensation benefits is something called the Average Weekly Wage (AWW). This is basically what you were earning, on average, before your injury. South Carolina figures this out by looking at your gross income over the 52 weeks leading up to your injury.

1. For Full-Time Workers: For most workers, your AWW includes regular pay, overtime, bonuses, and tips — everything you earned over the past year, divided by 52. If you haven’t worked the full year, the calculation uses the weeks you did work.
2. For Seasonal Workers: In places like Hilton Head and Beaufort, seasonal work is common. If that’s you, your AWW might be adjusted to reflect the highs and lows of your income throughout the year.
3. For Part-Time Workers: Your AWW is calculated based on the time you actually worked, ensuring your benefits are fair and proportional.

Temporary Total Disability (TTD) Benefits

If your injury prevents you from working temporarily, you may qualify for Temporary Total Disability (TTD) benefits. This replaces a portion of your lost wages while you recover.

• How It’s Calculated: In South Carolina, TTD benefits equal 66.67% of your AWW, or about two-thirds. So, for example, if your AWW is $600, you would receive about $400 per week.
• How Long It Lasts: You’ll continue to receive these benefits until you’re able to return to work or your doctor decides you’ve reached maximum medical improvement (MMI), meaning your condition isn’t likely to get any better.

Permanent Partial Disability (PPD) Benefits

If your injury results in a lasting impairment, you may qualify for Permanent Partial Disability (PPD) benefits. These benefits are calculated based on the severity of your disability and how it affects your ability to work.

After you’ve reached MMI, your doctor will assign you an impairment rating. This helps determine the amount and duration of your PPD benefits.

It’s also important to note that South Carolina uses a “scheduled” system for specific body parts. For example, losing the use of a finger or a hand entitles you to a predetermined number of weeks of benefits, based on your AWW.

Who Is Not Eligible for SC Workers’ Compensation?

In South Carolina, most employees are covered by workers’ compensation, but there are a few exceptions to be aware of. These exemptions generally apply to specific types of work or employment situations:

• Casual Employees: Workers who are employed on an occasional or temporary basis may not be covered under workers’ compensation. This usually applies to those hired for short-term tasks rather than ongoing employment.
• Certain Agricultural Workers: If you work on a small farm with fewer than four full-time employees, your employer may not be required to provide workers’ compensation coverage. This exemption typically applies to smaller farming operations that fall under different regulations.
• Corporate Officers and Volunteers: Corporate officers can choose to exempt themselves from coverage, and volunteers typically aren’t required to be covered.
• Federal and Railroad Employees: If you work for the federal government or for a railroad engaged in interstate commerce, you’re covered under federal workers’ compensation programs, not state laws.
• Domestic Workers: Those employed in private homes, such as housekeepers or nannies, may not be covered under workers’ compensation insurance.
• Real Estate Agents and Brokers: Licensed real estate professionals who are paid solely by commission are often exempt from state workers’ compensation requirements.

These exemptions are designed to reflect the unique nature of different types of work. However, many employers in these categories choose to provide workers’ compensation coverage voluntarily.

If you’re unsure whether you’re covered, it’s always a best to check with your employer or seek legal advice.

How Do I File a Workers’ Compensation Claim in South Carolina?

If you’ve been injured at work, you need to act quickly and efficiently to ensure you’re protected. Here’s what to do next:

1. Report the Injury: Tell your employer as soon as possible — ideally within 24 hours. You have up to 90 days, but sooner is better.
2. Seek Medical Attention: Your employer will provide a list of approved medical providers. Follow their instructions, attend all medical appointments, and keep a log of everything.
3. File a Claim: Your employer or their insurance carrier will file a claim with the South Carolina Workers’ Compensation Commission. You’ll get a notification about your claim’s status.

If you encounter issues during this process or if your claim is denied, seeking legal advice can help ensure your rights are protected.

Ensuring You Receive the Right SC Workers’ Compensation Benefits

Understanding workers’ compensation can be challenging, especially during recovery. Being informed can make a significant difference in how smoothly your recovery process goes and ensuring you get the care you need.

If you or someone you know has been injured at work in South Carolina, the team at Carr Legal Group is ready to provide guidance and representation every step of the way.

Contact us today for your free consultation.

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