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How Much Money Am I Supposed to Get While I’m Out of Work?


Monty Desai | Partner & Attorney

Lost wages are a key benefit of workers’ compensation and take the place of your regular paycheck while you’re out from work recovering from your injury or illness. But do lost wages cover the full amount of your paycheck? If not, how much are you entitled to in South Carolina? Read on to find out.

How much money am I entitled to in lost wages in South Carolina?

You are not entitled to the full amount of your paycheck through workers’ compensation. The law allows a compensation rate of 66 2/3% of your average weekly wage. Your average weekly wage is usually based on the four quarters prior to the quarter in which your injury or illness that has caused you to miss work occurred.

It is also limited to the maximum compensation rate which is $845.74 for injuries or illnesses occurring after January 1, 2019. Thankfully, workers’ compensation benefits are tax free.

When do payments start and how long do they last?

Compensation for lost wages doesn’t begin immediately; there is a seven-day waiting period first. If you’re out of work for less than that amount of time, you won’t receive compensation. Benefits start on the 8th day of missed work. However, if you end up missing more than 14 days of work, you can receive compensation for those first seven days.

When you return to work, payments stop. They can also stop if work is offered to you (after approval from the doctor) and you refuse it. If you are unable to return to work at all because your injuries are too severe, you may be eligible for permanent disability.

How do I get compensation through workers’ comp in South Carolina?

If you’re injured at work or have developed an occupational illness on the job, you need to report your injury or illness to your employer so they can start a workers’ compensation claim for you.

While you have two years to file a claim in South Carolina, you have only 90 days to report your injury or illness (upon discovery), so don’t delay. It’s always best to report right away.

Speak with a workers’ compensation attorney

If you were injured on the job or have developed an illness in the course of your work, speak to a workers’ comp attorney. They can help you with your claim, lead you through the appeals process (if necessary), and help you get the compensation you’re entitled to under the law.

Call the workers’ compensation attorneys at The Carolina Law Group to schedule your free consultation today. They are experienced in handling workers’ comp cases and can help you navigate the system.

The Carolina Law Group has four offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), West Greenville (864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg (principal office; call 864.757.5555). Call today.

About Monty Desai

Monty D. Desai came to the United States on Christmas Eve, 1988. After high school he joined the service in order to earn money for college. Monty would go on to earn a letter of commendation as a Navy Corpsman for the Marine Corps. After his service, Monty completed his undergraduate studies at the University of South Carolina. From there, Monty went on to attend Thomas M. Cooley Law School on full scholarship, where he earned his Juris Doctorate. Following graduation from law school, Monty served as prosecutor with Greenville County Solicitor’s Office, and also worked as a a adjunct professor in the Criminal Justice Division at Greenville Technical College. In 2015 Monty was recognized by the National Academy of Personal Injury Attorneys as ranked among the Top 10 Under 40 for excellence in the field of personal injury.

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Source Link: https://www.thecarolinalawgroup.com/2019/05/how-much-money-am-i-supposed-to-get-while-im-out-of-work/

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