Posted on behalf of Harbin & Burnett on Apr 05, 2018 in Workers' Compensation
Weekly Benefits in SC Worker's Compensation claims.
I've been hurt at work. The doctor has placed me out of work. How much money will i receive while I'm out? This is a question we hear almost daily at Harbin & Burnett. A worker has suffered an injury and is unsure as to the correct benefits. Benefits are governed by Statute. §42-9-10 of the South Carolina Code of Laws (1976), as amended provides in part :when the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less than seventy-five dollars a week so long as this amount does not exceed his average weekly salary; if this amount does exceed his average weekly salary, the injured employee may not be paid, each week, less than his average weekly salary. The injured employee may not be paid more each week than the average weekly wage in this State for the preceding fiscal year.
Currently the maximum compensation rate in is $838.21. That means that your compensation rate will be sixty-six and two-thirds of your average weekly wage, unless that amount is higher than $838.21. In those cases, you will receive $838.21 per week while you are unable to work based on a doctor's note from an authorized treating physician. There is also a minimum you can received, for people that are not earning much per week. Usually these are part-time workers.
It is important that the worker understands what numbers are used to calculate comp rates and how the comp rate is calculated. The most common way is to average the previous 52 weeks of earnings the worker has with a company, but there are several other methods that can be used, especially if the worker is relatively new with that company.
To learn more about your rights and to make sure you are receiving the benefits to which you are entitled, call us today for a FREE consultation.