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Spann Wilder Law, LLC

Contact Us For A FREE Consultation
843.266.7792 (office)  • 800.866.3830 (toll free) • 843.266-7797 (fax)
2131 Dorchester Road (29405) • North Charleston, SC 29405
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  • Workers’ Comp
    • History Of SC Workers’ Comp
    • Which Employers Are Required To Have Workers’ Comp?
    • Injury Entitlements
    • What To Do If You Are Injured
    • Arising Out Of And In The Course Of Employment
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Injury Entitlements

shutterstock_93542683An employee may expect compensation for personal injury or death by accident arising out of and in the course of his or her employment. Workers’ compensation pays for necessary medical treatment, loss of wages during a period of disability and compensation for permanent disability or disfigurement. If an employee is injured and unable to work for more than seven (7) days, he or she is eligible to be compensated at a rate of 66 ⅔ % of the employee’s average weekly wage, limited to the state’s average weekly wage as established each year. If the period of total disability exceeds fourteen (14) days, the employee is eligible for compensation beginning with the date of the accident. If you are out of work for 12 days you are entitled to payment for days 8 -12, but not the first seven. You may use sick or vacation to compensate for those days. If you are employed by the State of South Carolina you may be given the option to exhaust sick and annual leave before using workers’ compensation. It is advised that you consult with counsel before selecting and of these options. We would be glad to speak with you about this. Call Spann Wilder Law at (843) 266-7792 or 1-800-866-3830.

The maximum award for total disability or death is limited by law to five hundred (500) weeks of compensation, except in a few circumstances such as the person being a paraplegic, quadraplegic or having physical brain damage. In these instances, a Claimant is entitled to benefits for their lifetime. The rate of compensation is determined by the injured employee’s average weekly wage and cannot exceed 100% of the state’s average weekly wage. The loss of both hands, arms, feet, legs, or vision in both eyes, or a combination of two such losses, shall constitute total and permanent disability. In addition, a commissioner can make other disability determinations based on the particular loss or impairment to the whole person.

Amounts of compensation for partial disability or disfigurement are generally established and limited by statute or Commission regulation. Awards are usually made in terms of the number of weeks of compensation to which the employee is entitled based on the extent of the disabling injury. Every body part has a maximum number of weeks for payment.

In South Carolina, the disability or death of an employee resulting from an occupational disease is treated as an injury by accident, and the employee, or in the case of death, the deceased’s dependents, may be entitled to compensation. A disease may be recognized as an occupational disease only if it is caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to normal working conditions. In addition to occupational diseases, injury from harmful exposures to ionizing radiation is also defined for particular attention under the workers’ compensation act.

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DISCLAIMER

The information you obtain on our website is not, nor is it intended to be, legal advice. It is always best to consult an attorney directly for advice regarding the specifics of the individuality of your claim. We welcome your calls, letters and electronic mail. Please do not send any confidential information to us until such time as an attorney-client relationship has been established as the information may be discoverable by the other party to your claim if we do not proceed with your representation. This website should not be considered as a description or characterization of the quality of the firm's representation and in no way should be interpreted as a guarantee of a specific result for your case. Every case is different and must be evaluated on its own merit.

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