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How long will you receive your workers' compensation checks in South Carolina? My name is Kenneth Berger. I'm a workers’ compensation attorney who handles cases in Columbia, Lexington, and across the state. We get this question a lot, so I wanted to make a video to answer it for you. Your checks should start at the time the doctor places you out of work or when the doctor gives you physical restrictions that your employer cannot accommodate. For instance, let's say an orthopedist puts a lifting restriction of nothing greater than 5 pounds, but your heavy-lifting job requires you to do overhead work and simply doesn't have any light-duty positions available for you. In those cases, you're going to receive a weekly check for two-thirds of your pre-tax wages, and those checks are going to continue until the doctor either releases you to full duty, your employer is able to accommodate your physical restrictions, or a doctor places you at what's known as maximum medical improvement, also called MMI. MMI is the point at which you're not getting any better, but you’re not getting any worse. In other words, your condition stabilized, and you've plateaued. When you reach MMI, the insurance company that's been sending those checks every week actually has the right to cut off compensation. Sometimes, they have to do it by a hearing; sometimes, they can do it immediately. However, the insurance company actually recognizes that you're going to want those checks until your case settles, and for that reason, they'll probably continue sending you your weekly checks until you reach a settlement. However, if they do that, they're going to end up seeking credit as part of that settlement for overpayment; in other words, they're gonna make it a little less than that total settlement. The short version is you're going to receive workers' compensation checks from the time your injury prevents you from working up until the time you can go back to work or you reach MMI. It's a nuanced topic that I'd be happy to discuss with you further. If you have questions, call me. Get a free consultation, or you can request free copies of my books right here on the website. Either way, know that we're here to help you and to make sure your rights are protected. I'm sorry that you're having to go through this situation, but I look forward to serving you in any way possible and very much look forward to speaking with you.
How Much Does Workers' Comp Pay?
If you are hurt on the job in South Carolina, your employer’s insurance company will likely have to pay you for the time you miss from work. The amount of compensation you receive is based on two-thirds (2/3) of your pre-tax weekly earnings. For instance, if you grossed an average of $600.00 per week before your accident, you would be entitled to weekly checks of $400.00. Most people refer to these weekly payments as “workers’ comp checks.”
The idea is that you are temporarily unable to perform your job and should, therefore, be compensated. However, many injured employees struggle to get by on only 2/3s of their wages.
How Often Will I Receive Workers' Comp Checks?
The injured employee would continue to receive a workers’ comp check unless the wages from his new job matched his pre-accident earnings. Specifically, the insurance company would have to issue weekly workers' comp checks for two-thirds of the difference between his old and new earnings. This type of workers’ comp check is known in the law as payment for “temporary partial disability.”
In South Carolina, an injured employee should receive workers' compensation checks if their on-the-job accident prevents them from earning as much money as before the accident. In other words, if a doctor has put you out of work or on light duty, and your earnings have decreased, you ought to receive a weekly check from your employer's workers' comp insurer. The check should equal 2/3s of the difference between what you were making prior to getting hurt on the job and what you are making now.
Under South Carolina law, these checks ought to continue from the time a doctor issues work restrictions until one of two things happens: either you return to work on a full time basis (i.e. making as much money as before) or you reach maximum medical improvement (MMI).
If you have any questions about workers' compensation benefits, you are not alone. The system is unfamiliar to most people, and confusing to anyone who doesn't represent injured people 7 days a week. For answers to your questions - and to ensure you are receiving your full benefit under the law - call me at (803) 790-2800.
