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Workers Compensation benefits – What are my benefits?

Workers Compensation

What are my workers compensation benefits ?

Myrtle Beach workers compensation benefits

An employee may expect workers compensation benefits for personal injury or death by accident arising out of and in the course of his or her employment, regardless of who is at fault.  The only exceptions are:

  • when the employee is injured as a result of his own intoxication,
  • horseplay, or when the employee is acting as the aggressor during an altercation.

 

Workers Compensation pays for:

  • necessary medical treatment,
  • loss of wages during a period of disability, and
  • compensation for permanent disability or disfigurement.

 

If an employee is injured and unable to work for more than seven days, he or she is eligible to be compensated at a rate of 66 2/3% of the employee’s average weekly wage, but this amount cannot exceed the State’s average weekly wage as established each year by the South Carolina Employment Security Commission.  For accidents that occur in 2015, the maximum compensation rate is $766.05.  If the period of total disability exceeds fourteen days, the employee is eligible for compensation beginning with the date of the accident.

Total Disability

Total disability is based on wage loss not total incapacitation.  Total Disability does not require total helplessness, but is generally the “inability to perform services other than those limited in quality, dependability, or quantity that a reasonably stable market for them does not exist.”  The maximum award for total disability or death is limited by law to five hundred (500) weeks of compensation.  The rate of compensation is determined by the injured employees average weekly wage and cannot exceed the State average weekly wage.  The loss of both hands, both arms, both feet, both legs, or vision of both eyes, or a combination of two such losses constitutes a total and permanent disability.  In addition, the commissioner involved in your worker’s compensation case can make other disability determinations based on the particular loss or impairment to the whole person.  The five hundred week limit does not apply to workers whose injuries result in paraplegia, quadriplegia, or physical brain damage, as these workers may receive benefits for the remainder of their life.

Partial Disability

Amounts of compensation for partial disability or disfigurement are generally established by schedule and limited by statue or Commission regulation.  Awards are usually made in terms of the number of weeks of compensation the employee is entitled to based on the extent of the disabling injury.  Informal conferences, which is non-binding mediation between the injured worker, an insurance representative, and a Commissioner or claims mediator, are often held in an effort to settle permanent partial disability claims.

Loss of Earning Capacity

If the employee is injured but is able to work, but at a job that pays less than his previous job, the employee is entitled to recover 2/3 of the difference in his average weekly wage prior to the accident and his average weekly wage after the accident.  The employee is entitled to no more that 340 weeks of compensation at this rate. However, the compensation amount cannot be more than the average weekly wage for the State.

The Lovely Law Firm can assist you in gaining the  compensation available for your given situation.  Myrtle Beach injury lawyers Justin M. Lovely and Amy S. Lawrence handle job injury cases and can answer your questions.  Contact Us to discuss your job injury and possible compensation available. 843-839-4111