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Understanding Partial Disability vs. Total Disability Benefits

South Carolina workers’ compensation pays partial disability and total disability benefits differently, based on how much of an employee’s ability to earn a living the injury affects. Partial disability benefits, covered under S.C. Code § 42-9-20, replace a portion of lost wages for up to 340 weeks. Total disability benefits, covered under S.C. Code § 42-9-10, replace a larger share of wages for up to 500 weeks, with some severe injuries qualifying for lifetime benefits.

Many workers who deserve either type of benefit run into obstacles with insurance companies. In such situations, you should never wait to contact our experienced Greenwood workers’ compensation attorneys at Nicholson, Meredith & Anderson. We regularly fight for the full benefits that injured workers need through workers’ comp.

How Partial Disability Benefits Work

Partial disability applies when an employee can still work but earns less than before the injury, whether due to reduced hours, lighter duty, or a new position. Under S. C. Code § 42-9-20, weekly compensation equals 66 and 2/3% of the difference between pre-injury and post-injury average weekly wages. Payments continue for up to 340 weeks from the date of injury, though many employees receive benefits for a shorter period if they return to full earning capacity sooner.

Some injuries are compensated on a fixed schedule instead. § 42-9-30 lists specific body parts, such as a hand, arm, or eye, along with a set number of weeks tied to that injury. An employee’s percentage of impairment determines how much of that scheduled amount is paid.

How Total Disability Benefits Work

Total disability applies when an injury prevents an employee from earning wages at all, either temporarily or permanently. Under § 42-9-10, weekly compensation equals 66 and 2/3% of the employee’s average weekly wage, subject to a state maximum, for up to 500 weeks.

Certain injuries are presumed to meet the total disability standard, including the loss of two or more of the following:

• Both hands
• Arms
• Shoulders
• Feet
• Legs
• Hips
• Vision in both eyes

An employee with 50% or more loss of use of the back is also presumed totally and permanently disabled, though this presumption can be challenged.

For the most severe cases, including paraplegia, quadriplegia, and physical brain damage, the 500-week limit does not apply, and the injured employee may receive benefits for life.

Which Category Applies to a Specific Injury

Whether an injury falls under partial or total disability depends on medical evidence, the employee’s earning capacity after treatment, and how the injury is classified under the statutory schedule. A doctor’s impairment rating plays a central role in that determination, and disputes over the correct rating or classification are common.

Never Hesitate to Seek Help from Our Workers’ Compensation Team in Greenwood, SC

At Nicholson, Meredith & Anderson, we offer free consultations for South Carolina workers who have questions about which disability category applies to their injury. Our Greenwood work injury lawyers can identify the type of benefits you deserve based on your injury and negotiate with insurers. Call (864) 229-7241 or contact us online to discuss your claim.