Can Temporary Injuries Qualify for Workers’ Compensation Benefits?
In the State of South Carolina, a work-related injury that keeps you off the job for more than seven days entitles you to workers’ compensation benefits even if the injury is temporary. Better understanding how workers’ compensation coverage protects you helps to ensure that your rights will be upheld. One of the most important early steps that anyone in your difficult position can take is consulting with our experienced Greenwood, South Carolina, workers’ compensation attorneys at Nicholson, Meredith & Anderson.
When You Are Entitled to Temporary Disability Benefits
If you are injured while doing your job, you are entitled to workers’ compensation coverage in South Carolina. While employers are required to provide this coverage, employees give up the right to sue for more complete damages in personal injury claims. This helps expedite coverage and balance employees’ rights with employers’ responsibilities.
Temporary Total Disability and Temporary Partial Disability
Temporary disability benefits come in two forms: temporary total disability and temporary partial disability. The type of benefit that applies in your case depends on the nature of your injury and how much it limits your ability to work. Both are wage-replacement benefits. Your reasonable and necessary medical treatment is covered separately, regardless of which temporary benefit you receive.
Temporary Total Disability Benefits
If your work-related injuries keep you off the job completely, temporary total disability (TTD) benefits apply. TTD benefits generally pay two-thirds of your average weekly wage, up to a maximum amount the state sets each year. These benefits can continue for up to 500 weeks while you’re unable to work.
Temporary Partial Disability Benefits
If your work-related injuries allow you to return to work on light duty, or leave you with fewer hours and lower earnings, temporary partial disability (TPD) benefits apply. TPD benefits generally replace two-thirds of the difference between your average weekly wage before the injury and what you’re able to earn afterward, subject to the state maximum. These benefits can continue for up to 340 weeks.
When Temporary Benefits End
Temporary disability benefits are designed to support you while you recover. Common reasons they may end include:
- You return to work at your previous wage.
- You sign an agreement with the insurance carrier ending or changing your benefits.
- Your doctor releases you for light-duty work, and your employer offers it. If you return at lower pay, TTD generally changes to TPD. If you refuse suitable work without a valid reason, your benefits may stop.
- You reach maximum medical improvement (MMI), meaning no further improvement is expected. At that point, you may be entitled to permanent disability benefits based on any lasting impairment.
- You refuse reasonable medical treatment without a valid reason.
The insurance carrier can’t always stop your benefits on its own. Once you’ve received benefits for more than 150 days, the carrier generally must request a hearing and get approval from the South Carolina Workers’ Compensation Commission before ending payments, unless you’ve returned to work or agreed to the change. If your benefits have been terminated too early, speak with a legal professional right away.
Reach Out to Our Experienced Greenwood Workers’ Comp Lawyers Today
Our accomplished Greenwood workers’ compensation attorneys at Nicholson, Meredith & Anderson dedicate our practice to helping our valued clients obtain just compensation, and we’ll spare no effort on your behalf. We are on your side and here to help, so please don’t delay reaching out for more information about everything we can do for you by contacting us online or giving our firm a call at 864-229-7241 today.