The South Carolina Workers’ Compensation Commission system requires employers to provide workers’ compensation insurance for employees; some minor exceptions apply. While carrying insurance cannot be waived, these benefits may be provided through a private carrier. Alternatively, employers may choose to self-insure these employee benefits. Twice a year, the South Carolina Workers’ Compensation Commission (SCWCC) releases new minimum and maximum benefit rates available to those eligible for workers’ compensation benefits.

Benefits Available in South Carolina

The main types of benefits available under state workers’ compensation law include: permanent total disability, permanent partial disability and temporary total disability. A claimant is eligible for payment of lost wages if he or she is unable to return to work for at least 14 days. Lost wages are paid back to the date the claimant was unable to work.

Permanent and serious disfigurement of the extremities, face, neck or arm allows for benefits.

Payment rate is 66 ⅔ percent of the average weekly earnings, not to exceed 100 percent of the state benefit limits. Temporary total disability (TTD) will be paid up and until a doctor releases the claimant back to work. Permanent partial disability (PPD), allows for benefits of up to 60 percent of the employee’s average weekly wage. The wage is calculated based on the severity of the disability. For instance, a minimal disability would be rated at 10 percent as opposed to a more severe disability which may be rated at 60 percent.

Updated Rates As of January 2016

The South Carolina Workers’ Compensation Commission sets the minimum and maximum rates of benefits available for eligible claimants; the SCWCC also has the authority to order an employer to pay out benefits. The most recent benefit schedule, which are effective as January of this year, certifies the maximum weekly compensation at $784.03. This is an increase of $17.98 per week when compared to the prior fiscal year’s rate.

Under Title 42 of the South Carolina Code of Laws, the maximum weekly compensation rate is 66 ⅔ percent of a person’s average weekly wage, but cannot exceed the average weekly wage in the state for the prior fiscal year. This state wage is determined by the South Carolina Department of Employment & Workforce.

Contact a Workers’ Compensation Attorney

Workers’ compensation law can be complicated. Moreover, the process required to successfully obtain workers’ compensation benefits can be a tedious one, especially if this is compounded on top of debilitating medical conditions. If you or someone you know has suffered a work-related injury or illness, contact an experienced Anderson workers’ compensation attorney today who can discuss your case. The expert attorneys at The Law Offices of Steven M Krause PA can inform you of your legal rights, including whether or not you are eligible for workers’ compensation, and will fight to obtain the compensation and benefits to which you are entitled. Click here today and schedule your initial consultation.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.