Worker's Compensation Client Resources

• Waiting Period
• Average Weekly Wage
• Compensation Rate
• Maximum Compensation Rates
• Minimum Compensation Rate
• Temporary Disability Benefits
• Total Disability (TTD & PTD)
• Partial Disability (TPD & PPD)
• Fractional Weeks
• Medical Treatment
• Artificial Members/Prosthetic Devices/Eyeglasses/Hearing Aids
• Death Benefits
• Funeral Benefits
• Medical Records
• Mileage Reimbursement
• Second Injury Fund
• Commonly Used Forms
• S.C. W.C.C. Telephone Numbers
• S.C. W.C.C. Website
  

WAITING PERIOD 

Seven days. No compensation is payable for the first seven calendar days of disability resulting from an injury, except for medical benefits. If, however, the injury results in disability of more than fourteen days, compensation is paid from the date the disability began.  (§ 42-9-200).

AVERAGE WEEKLY WAGE

For injuries occurring on or after June 18, 1996, an employee’s average weekly wage is calculated based on the total amount of wages paid over the preceding four quarters as reported to the S.C. Department of Employment and Workforce. Where the length of employment has been short, comparable employee wages may be used. See § 42-1-40 for further exceptions. For injuries occurring prior to June 18, 1996, the employee’s average weekly wage is the average of earnings during the fifty-two weeks immediately preceding the date of injury. Periods missed from work of seven days or more are not counted against the employee.

COMPENSATION RATE

The compensation rate is sixty-six and two thirds percent (66 2/3%) of the average weekly wage subject to the maximum and minimum compensation rates in effect on the date of injury. The compensation rate is as of the date of injury and is not affected by later changes in the allowed maximum or by inflation.

MAXIMUM COMPENSATION RATES

MINIMUM COMPENSATION RATE

The minimum rate is $75.00 unless the employee’s actual earnings are less than $75.00.  If the employee earns less than the minimum, the compensation rate equals actual earnings. (Example: actual earnings are $60.00, then the compensation rate is $60.00, rather than $75.00).

TEMPORARY DISABILITY BENEFITS

If the disability resulting from injury by accident exceeds seven days, the injured employee will be entitled to sixty-six and two thirds percent (66 2/3%) of his average weekly wage not to exceed the maximum allowable by law. (See WAITING PERIOD)

TOTAL DISABILITY (TTD & PTD)

Sixty-six and two thirds percent (66 2/3% ) of injured worker’s average weekly wage, but not less than $75.00, unless the actual earnings are less than $75.00, then the actual earnings will be used. The total weeks allowed for total disability shall not exceed 500 weeks. (See § 42-9-10).

PARTIAL DISABILITY (TPD & PPD)

When incapacity from work resulting from injury is partial, the employer shall pay weekly compensation equal to sixty-six and two thirds percent (66 2/3%) of the difference between the employee’s average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter. (See § 42-9-20).

FRACTIONAL WEEKS

MEDICAL TREATMENT

The injured employee is entitled to medical, surgical, hospital and other treatment, including medical and surgical supplies as may reasonably be required for a period not exceeding ten weeks from the date of an injury to effect a cure, or give relief and for such additional time as in the judgment of the Commission will tend to lessen the period of disability.

ARTIFICIAL MEMBERS/PROSTHETIC DEVICES/EYEGLASSES/HEARING AIDS

Artificial members, prosthetic devices, eyeglasses and hearing aids as may reasonably be necessary at the end of the healing period shall be provided by the employer. Once a prosthetic device has been provided, it shall be furnished during the life of the injured employee or so long as is necessary. Damage to a prosthetic device as a result of an injury by accident entitles the employee to compensation ensuring that the prosthetic device is repaired or replaced. (See § 42-15-60 and 65).

DEATH BENEFITS

If death results proximately from an accident within two years thereafter or while total disability continued and within six years after the accident, the employer shall pay to the dependents of the employee, wholly dependent upon his earnings, a weekly payment equal to sixty-six and two thirds percent (66 2/3%) of the injured worker’s average weekly wage for a period of not less than 500 weeks. (See § 42-9-290; see also regarding types of dependents; for death benefits when there is more than one dependent, see § 42-9-130;  for payment of death benefits where employee leaves no dependents, see § 42-9-140).

FUNERAL BENEFITS

Funeral expenses may be paid up to, but not exceeding $2,500.00. (Where deceased employee leaves no full or partial dependents, funeral benefits are paid in full. See § 42-9-144).

MEDICAL RECORDS

All existing information compiled by a health care facility or a health care provider pertaining directly to a workers’ compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys, or the South Carolina Workers’ Compensation Commission within fourteen days of receipt of written request. See § 42-15-95. Charges and fees for providing medical records: For the first 30 pages, 65¢ per page and for all other pages, 50¢ per page, and a clerical fee for searching and handling, not to exceed $15.00 per request, plus actual postage and applicable sales tax. (See § 44-115-80).

MILEAGE REIMBURSEMENT

Mileage to and from a place of medical attention more than ten miles round trip in the amount of 50.5¢ per mile (effective July 1, 2008); or actual costs of expense incurred in using public transportation; plus actual costs of reasonable overnight lodging and subsistence when necessary.

SECOND INJURY FUND

Deadline for new claims was 12/31/10. Supporting documentation deadline is 6/30/11. SIF is currently taking the position that anything and everything relating to a claim for reimbursement must be submitted to them by 6/30/11, including, but not limited to, Form 54s, questionnaires, affidavits, etc… The SIF will make all decisions of acceptance or denial by 12/31/11. SIF terminates on 7/01/13.

COMMONLY USED FORMS

S.C. W.C.C. TELEPHONE NUMBERS

S.C. W.C.C. WEBSITES

S.C. W.C.C. Main Page with NEW online reporting interface: eCase

eCase Status Portal Registered User Guide

The Commission Quarterly, Fall 2010

To make these explanations as concise as possible, we have given only a summary of the rules. This is not intended as legal advice on any particular case. There are exceptions to almost every rule. If specific advice on a claim is needed, please contact one of our attorneys.

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