You could be eligible for temporary total disability (TTD) after missing one week of work due to an injury or illness resulting from a workplace accident. Most employers must carry workers’ compensation insurance to pay for these benefits if an employee is hurt or falls ill on the job.
Our South Carolina temporary total disability lawyers can help you file a workers’ compensation claim to seek the benefits you deserve.
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What Does Temporary Total Disability Cover?
S.C. Ann. § 42-9-5 states that TTD pays for approximately 66 percent of the average weekly wage you earned before your injury. These payments last for up to 500 weeks (approximately nine years) or until your doctor deems that you have reached maximum medical improvement and/or you are fit to return to work, whichever comes first.
There are other forms of benefits you may receive depending on your injuries and how they affect your ability to work. In some cases, you may qualify for other benefits after you have received temporary total disability benefits.
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Permanent Total Disability Benefits
After you have exhausted your temporary total disability benefits and still cannot work, you may be eligible to receive permanent total disability. These additional benefits also pay 2/3 of your average pay for a set number of weeks depending on what body part was injured, up to 500 weeks in extreme cases.
Certain injuries qualify for permanent total disability benefits, such as:
- Blindness in both eyes
- Loss of limbs or hands
- A loss of 50% of the use of your back
The same compensation rates that apply to temporary total disability apply here, as well. If you began receiving temporary total disability benefits, they would factor into the 500-week limit when you qualify for permanent total disability benefits. Your benefits will apply for life only if your injuries left you paraplegic or quadriplegic or if you suffered physical brain injuries.
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Temporary Partial Disability Benefits
If you can work with your injuries but cannot earn the same amount of income while you recover, you could qualify for temporary partial disability benefits.
The same compensation rate as temporary total disability applies, but you can only receive temporary partial disability benefits for 340 weeks. This limit does not include the weeks you received temporary total disability benefits.
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Permanent Partial Disability Benefits
If you suffered a permanent loss of ability in a body part because of your workplace injury or illness, you could be eligible for permanent partial disability benefits.
The criteria for the loss of use of a body part can be confusing, and the state uses a complicated system to assign a percentage of loss in your claim.
If you have a serious injury with the potential for long-term repercussions, our South Carolina lawyer could help determine whether you qualify for temporary total disability benefits (or other kinds of benefits).
Other Benefits from a Workers’ Compensation Claim
Along with paying a portion of your wages, a workers’ compensation claim in South Carolina also covers medical expenses and death benefits. As long as an authorized doctor treats your injuries, your disability benefits should cover all your medical expenses.
If you lost a loved one due to a workplace accident, your surviving family members could recover up to $12,000 in funeral expenses and the same wage compensation rate as a temporary total disability claim for 500 weeks.
You Do Not Have to Prove Negligence to File a Workers’ Compensation Claim
Unlike personal injury claims, workers’ compensation claims do not require you to prove that negligence led to your accident. If you directly contributed to your accident, you may not qualify for disability benefits, though. For example, if you were intoxicated on the job or rough-housing with coworkers when the accident happened, you will not qualify for workers’ compensation.
In some cases, you may benefit from bringing a lawsuit against a liable party, such as when an equipment manufacturer’s negligence leads to an accident. Our firm’s workers’ compensation lawyers can determine your legal options and advise you on the best path forward.
Medical Documentation is Key to Securing Workers’ Compensation Benefits
Your workers’ compensation claim depends on your ability to follow your doctor’s instructions. Usually, your employer will refer you to an authorized physician to assess your injuries and develop a treatment plan.
Their documentation will determine which benefits you can receive and for how long. While filing a claim and receiving benefits, you must follow your doctor’s orders and keep your scheduled appointments.
Missed appointments or a failure to comply on your part can jeopardize your claim. An insurer may claim you worsened your condition and deny your claim (or stop your benefits if you already receive them).
How a Lawyer from Our Firm Can Help
After suffering a workplace injury, you deserve to rest and focus on your recovery. We can deal with the claims process in the meantime. Our firm can help you by:
- Investigating your accident
- Calculating the benefits you are entitled to
- Filing your workers’ compensation claim
- Disputing any denial of benefits
When you work with us, you can take some of the weight off your shoulders. Remember, the insurance company often does not have your best interests at heart – but we do. We know the laws that affect your situation, and we know how to fight for the recovery you deserve.
Our South Carolina Workers’ Compensation Lawyers Can Protect Your Rights
When you call George Sink, P.A. Injury Lawyers, we can tell you the truth about your situation in a free consultation with our representative. Our lawyers are passionate about fighting for the rights of injured workers in South Carolina eligible for temporary total disability (and other kinds of) benefits.
Do not hesitate to call our workers’ compensation law firm to discuss what you should do next if you were injured in a workplace accident. Dial (888) 612-7001.
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