Workers' compensation provides medical benefits as well as partial wage replacement benefits for those who have fallen victim to a work-related injury or illness. Medical benefits should cover the costs of all necessary medical care needed to treat the work-related injury or illness. But what about the wage replacement benefits you will need to pay day-to-day living expenses while you are recovering?
Workers' comp temporary disability payments based on two-thirds of average weekly wage
In South Carolina, when you miss seven consecutive days of work because of an occupational illness or injury, on the eighth day you become eligible for temporary total disability benefits, or TTD. TTD will provide you with wage replacement at a rate of two thirds of your average weekly wage over the 52 weeks prior, not counting the quarter in which your injury occurred.
For example, imagine that your weekly pay rate was $750. If you made exactly $750 dollars each week in the four calendar quarters prior to your injury, you TTD wage replacement benefits would be two-thirds of that amount, or $500 per week.
However, suppose you worked a substantial amount of overtime in the months preceding your injury, or otherwise received compensation beyond the normal amount. This would increase your average weekly pay rate, and would mean you would be entitled to additional TTD.
Many employers incorrectly estimate a worker's average weekly pay rate; often, they are unaware that overtime and other extra compensation has to be included. It is very important to ensure that this figure is accurate, as it will determine all monetary aspects of your workers' comp claim.
For higher earners, there is a maximum compensation rate. The maximum compensation rate is set by the South Carolina Workers' Compensation Commission based on data provided by the state Department of Employment and Workforce. The maximum amount for 2013 is equal to two-thirds of the average weekly wage for all individuals in South Carolina from July 1, 2011, to June 30, 2012.
In 2013, the maximum compensation rate is set at $743.72 a week, up from $725.47 in 2012. The increase is good news for injured workers. For injuries suffered after January 1, any South Carolina worker whose average weekly wage in 2012 was $1115.58 or above should receive the maximum TTD rate.
Talk to a South Carolina workers' comp attorney about undervalued, denied claims
TTD can help you through a tough time until you are able to return to work. If your workplace injury or illness has long term consequences, you may also receive compensation for permanent impairment. The amount you receive for permanent impairment is based on your average weekly pay rate.
In order to receive the most compensation in every aspect of your claim, it is critically important to ensure that your weekly pay rate is not unfairly deflated when you are applying for workers' compensation. A South Carolina workers' compensation attorney can help you if you fear that your workers' comp claim has been undervalued, or if your claim has been denied completely.
Verdicts & Settlements
Tender of policy limits less the property damage paid and an extra $100,00 in under insured motorist coverage to a Client involved in a
trucking accident when
his 18-wheeler was in an accident with another 18-wheeler causing a neck injury, spinal cord injury, arm injury, shoulder injury, depression and lost wages as a result of this South Carolina truck accident.
$344,967.76- Workers' Compensation death benefits plus an additional $100,000 for uninsured motorist benefits for a death claim occurring on the job.
$300,000 - Settlement wherein the maximum available insurance policy limits were paid to our client on car accident case with a back injury.
$254,000 in back weekly compensation and wage loss workers compensation claim for a client with 3 injured body parts that was terminated while on light duty.
$250,000 Tender of Maximum available insurance limits on a motorcycle wreck case where our client was injured as a result of a driver that failed to yield the right of way thereby causing the motorcycle accident.
$200,000- Maximum available insurance limits on a wrongful death claim involving a motorcycle accident.
$141,000- Workers Compensation shoulder and clavicle injury. Our client, a carpenter fell from a ladder and injured his left shoulder and clavicle.
$140,000- Workers Compensation back injury and foot injury case. Prior to hiring Ryan Montgomery, client was offered $14,000 to settle. We were able to secure client 10 times the original offer for $140,000
$127,000- Mootrcycle Accident case where we were able to stack 5 different insurance polices to obtain just compensation for our motorcycle rider client.
$125,000- Maximum available insurance for a motorcycle accident where our client, a motorcycle rider, had a car pull out in front of him and he was hospitalized.
case where a motorcycle was struck by a car as well as successful award of Social Security Disability Benefits to client.
$90,000- the remainder of permanent and total disability in a workers' compensation neck injury case with lifetime medical for neck injury.
with lifetime leg braces - workers compensation claim where our client sustained a leg injury in a
. This settlement is for the workers' comp claim while the third party claim is still pending.
$82,000- On the job lifting back injury to our client who worked as a Landscaper. Employee received medical treatment and compensation.
$60,000- Client with a work related back injury came to us with an offer of $38,000 to close his claim completely. We were able to settle for $60,000 leaving open his medicals for lifetime related to his on the job workers compensation back injury.
$43,705- For a client who was involved in a worker's compensation accident and sustained a traumatic injury to her thyroid thereby requiring that 60% of her thyroid be removed.
$40,000- Workers compensation back injury case where client had surgery but recovered well and went back to work.
$34,000- workers' compensation back injury for client who was non-surgical but injured her back while working on the job.
$25,000 - Slip and fall in a local grocery store on a wet floor.
$25,000- workers' compensation plantar fasciitis foot injury from repeated and excessive walking on a commercial car lot.
$25,000- workers' compensation foot injury related to excessive standing in a local kitchen without proper safety mats in place.
$20,000- workers' compensation carpal tunnel cases for our client that worked in a local processing plant.