Temporary Total Disability

At The Lovely Law Firm, our Myrtle Beach personal injury lawyers are committed to helping injured workers and workplace accident victims receive the full compensation they deserve for their injuries, both physical and mental. One of the most important types of benefits available to employees after a serious work-related injury is temporary total disability (TTD). If your injuries prevent you from working while you recover, these benefits can help provide workers with financial support. However, it’s important for workers and their employers to fully understand how temporary disability in South Carolina works, and how to make sure you receive the maximum amount of short-term disability in South Carolina can make all the difference during your recovery.

What Is Temporary Total Disability in South Carolina

Temporary total disability refers to a period during which a worker who was injured at work is entirely unable to perform any work due to a work-related injury or illness. This disability is considered “temporary” because the worker is expected to recover from their injuries enough to return to work at some point, unlike permanent disability, which implies the worker sustained long-term or lifelong impairments.

When it comes to temporary total disability in South Carolina, it typically applies to workers who have been injured on the job and are unable to return to their usual duties while they are still receiving medical treatment or recovering from their injuries. During this time, injured workers can receive a portion of their regular wages through workers’ compensation benefits, also known as temporary total disability.

These payments are intended to replace a percentage of an injured worker’s income while they are recovering or undergoing treatments. This is in place to help employees stay financially stable while focusing on their recovery and overall health.

How Temporary Total Disability Benefits Work in South Carolina

When an employee is hurt while on the clock, their employer’s workers’ compensation insurance is expected to cover medical care and lost wages. However, temporary total disability benefits kick in when a doctor determines that you cannot work in any capacity for a temporary period of time.

In South Carolina, these TTD benefits generally will pay two-thirds of what your average weekly wage was before the injury occurred, but are subject to a maximum weekly limit set by the state. The South Carolina Workers’ Compensation Commission updates this maximum amount of weekly compensation each year to reflect changes in statewide wages as well as inflation.

You will continue to receive TTD payments until your doctor clears you to return to work, or until you reach maximum medical improvement (MMI), which is when a doctor determines that you will not recover further than you already have, no matter how much more treatment you receive.

When Do Temporary Total Disability Benefits Kick In?

A common concern for injured workers in South Carolina is when their total temporary disability benefits kick in. In South Carolina, temporary total disability benefits kick in after a short waiting period, and after your doctor confirms you are unable to work for a temporary period of time. Here’s how it works:

• You must be unable to work for more than seven days due to your injury to qualify for TTD benefits and payments.
• If your disability lasts more than fourteen days, you will also receive retroactive benefits covering the initial seven-day waiting period.

his structure ensures that their workers’ compensation benefits are reserved for injuries that significantly impact their ability to work, while still compensating those whose recovery extends beyond a short period.

What Qualifies for Short-Term Disability in South Carolina?

Short-term disability and temporary total disability are closely related but come from different sources. Short-term disability in South Carolina typically refers to private disability insurance, which can be either purchased individually or provided by an employer. These insurance policies cover employees who cannot work due to a temporary illness or injury that may not necessarily be related to their job. To qualify for short-term disability in South Carolina, you must:

• Have a qualifying medical condition or injury that prevents you from performing your job duties.
• Be under the care of a licensed medical professional who certifies your disability.
• Meet your policy’s waiting period, which typically ranges from 7 to 14 days.
• Be unable to work for the required duration outlined in the policy, typically up to 26 weeks.

For injuries sustained at work, however, the state’s workers’ compensation system, not a private short-term disability policy, typically provides temporary total disability benefits. That’s why it’s important to know which type of claim applies to your situation.

How Soon Can You Get Short-Term Disability in South Carolina after an Injury?

Suppose your employer provides short-term disability coverage through an offered insurance policy, or you’ve purchased a policy yourself. In that case, the benefits usually begin after a short waiting period following your injury or illness.

In most cases, you can begin receiving short-term disability benefits within one to two weeks after your doctor confirms your inability to work. However, if your injury occurred on the job, your workers’ compensation claim may provide temporary total disability benefits after the state-mandated seven-day waiting period.

Each system for paying an individual after an injury has its own process and requirements, which can be confusing to manage all by yourself. At The Lovely Law Firm, our workers’ compensation attorneys help Myrtle Beach employees understand whether their case qualifies for workers’ comp or private short-term disability, ensuring no benefits are overlooked.

Temporary Total Disability Settlements in South Carolina

In some cases, injured workers will reach a point where their temporary total disability may end up transitioning into a permanent condition or where disputes arise regarding the duration of benefits. When this happens, a temporary total disability settlement may be reached by way of permanency, but these cases can be tricky and require legal knowledge and support.

A temporary total disability settlement that evolves into a permanent and total disability settlement in South Carolina can take several forms:

• Lump-Sum Payment – The injured worker receives a one-time payment instead of ongoing weekly payments.
• Structured Settlement – Payments are spread out over time according to an agreed schedule.
• Hybrid Settlement – Combines lump-sum and structured payments, depending on the worker’s needs and medical outlook.

Temporary total disability settlements typically occur when both sides, the injured worker and the insurance company, agree on:

• The extent of disability
• Medical costs
• Lost wages

Having an experienced Myrtle Beach personal injury lawyer from our team by your side ensures that your settlement accurately reflects the long-term impact of your injury and that you do not accept less than you deserve.

How Long Can You Receive Temporary Total Disability Benefits in South Carolina?

You can typically receive temporary total disability benefits for up to 500 weeks in South Carolina, depending on the severity of your injury and your recovery progress. However, most claims do not reach the maximum duration because the worker either returns to work or transitions to permanent disability benefits once the condition stabilizes. Your temporary total disability benefits will end when:

• Your treating physician determines you are able to return to work, even if you have restrictions.
• You reach maximum medical improvement (MMI), and your doctor assigns a permanent disability rating for you to obtain permanent disability.

If your employer offers you a light-duty position that fits your medical restrictions, you must generally accept it. If you refuse, your temporary total disability payments could be suspended.

Why You Need a Myrtle Beach Workers’ Compensation Lawyer For Temporary Total Disability

The process of filing for and receiving temporary total disability benefits in South Carolina can be complex and often frustrating, especially while trying to recover from injuries. Employers and insurance companies may dispute the severity of your injuries, the length of necessary recovery time, or even whether your injuries are truly work-related. These disagreements can delay payments of TTD benefits or reduce the amount of compensation you deserve for your injuries and time away from work.

At The Lovely Law Firm, we stand up for injured workers and car accident victims throughout Myrtle Beach and the rest of South Carolina. Our workers’ compensation attorneys handle every stage of your TTD claim, from filing paperwork and gathering medical evidence to negotiating fair temporary total disability settlements and representing you before the South Carolina Workers’ Compensation Commission. We work hard to make sure your rights are protected, your benefits are correctly calculated, and your workers’ compensation case moves forward efficiently.