Workers’ Compensation: Disability

Workers who are injured on the job are entitled to the insurance benefits of their employer’s workers’ compensation policy. Some of these injuries can result in an employee’s temporary or permanent disability. Whether that disability is partial or total, these workers need the financial benefits they are entitled to cover the losses associated with their injuries. Charleston workers’ compensation lawyer E. Lindsay Blanks is dedicated to making sure employees receive the financial support they need after being disabled. Many employees who suffer a disabling injury are either not able to return to work or incapable to earn the income they once did because of their disability. Mr. Blanks helps these workers pursue action so that they receive the full benefits they are due. If you or a loved one has suffered an injury at work leading to a disability, the team at E. Lindsay Blanks PA law firm can assist you in exploring your legal options. Contact our office today at 843-863-1800 or online to schedule a no-fee consultation to speak with an attorney today.

Disability in South Carolina

When you are injured at work in South Carolina, you are entitled to workers’ compensation benefits from your employer’s policy. In addition to compensation for medical expenses, and loss of wages, you are also entitled to disability pay. Disability payment is determined by various factors depending on if it is temporary or permanent and whether it is partial or total. It is crucial to have comprehensive medical treatment following your injury to accurately evaluate your disability. Under South Carolina law, employers have the choice of who the treating physician is, which sometimes leads to a conflict. If that occurs, the Workers’ Compensation Commission has the discretion to allow for treatment by other medical professionals.  A knowledgeable workers’ comp lawyer in Charleston can help make sure you receive the assessment you need to properly assess the extent of your injury.

Partial disability refers to an injury that still allows you to work, but to do so certain accommodations or change of job duties may have to be provided. If a partial disability is temporary, the wage benefits you receive will be two-thirds of your average weekly wage. A 340-week maximum is placed on these temporary benefits. Once you have recovered from these injuries and return to work, your weekly benefits will stop. If you suffer a permanent partial disability (PPD) you can receive two-thirds of your average weekly wage for the number of weeks determined by the state schedule. Some types of PPD injuries will automatically set the number of weeks, regardless of if you’re working. For example, you will receive 65 weeks for loss of a thumb and 195 weeks for loss of a leg.

Total disability occurs when your injuries render you unable to work at all.  If your total disability is permanent then you can receive total disability benefits of two-thirds of your average weekly wage, for up to 500 weeks. However, if an injury has rendered you paraplegic or quadriplegic, or caused brain damage, there is no limit on time and benefits will last the duration of your life. Temporary total disability benefits are available for injuries causing loss of use or amputations of certain body parts, such an amputation of both hands or vision loss in both eyes.

At some point, a physician will state an employee receiving workers’ compensation benefits has reached maximum medical improvement (MMI). This means that no further treatment will affect an injured worker’s impairment. At this point, the temporary total disability payments will stop and compensation for permanent disability benefits will begin. Making sure the MMI determination is made at the right time is also important because it could halt payment for future medical care as well.

Charleston Workers’ Comp Attorney

Lindsay Blanks established E. Lindsay Blanks PA Law Firm in 1989 and continues to devote his practice to making sure Charleston employees have the support they need in workers’ compensation claims. If you have suffered an injury rendering you disabled, you should have the financial support owed to you under your employer’s workers’ compensation insurance policy. Mr. Blanks has the experience and knowledge to help you ensure you have the resources you need to deal with your disability. Our firm represents clients throughout South Carolina, including Charleston, North Charleston, Summerville, Goose Creek, Ladson, Hanahan, Moncks Corner, Mt. Pleasant, and Kingstree. Contact our office today at 843-863-1800 or online to find out more about how we can help.