Our Blog

Injured Workers With Total Wage Loss From Job Accidents In South Carolina Must Prove Same By Statute 42-9-10

Injured Workers With Total Wage Loss From Job Accidents In South Carolina Must Prove Same By Statute 42-9-10

Those injured on the job in South Carolina that suffer total wage loss as a result of their serious injuries must prove their loss pursuant to S.C. Code Ann. §42-9-10 (Amount of compensation for total disability; what constitutes total disability). Not all workers’ compensation accidents result in total wage loss but many do.

It is important to note that the worker really needs to have medical evidence and opinions that support a finding that he or she is totally disabled from work and will suffer loss of earning capacity in order for this code section to apply. If those hurt on the job can meet this burden of proof, then the law provides that the employer shall pay sixty-six and two-thirds percent of his average weekly salary during the period of total disability.

Also, importantly, some medical conditions are conclusively presumed to constitute total and permanent disability. For example, “the loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes, or any two thereof, constitutes total and permanent disability…” Equally important is that those injured on the job are limited to a maximum of 500 weeks of disability benefits for their injuries with only a few exceptions which include physical brain injury, paraplegia and quadriplegia.

In those cases where brain damage and the like exist, the worker then is not subject to the 500 week limitation and rather is entitled to lifetime disability checks and medical care and treatment. In lifetime benefits cases, injured workers cannot receive a total lump sum of their award but are paid in weekly installments for the remainder of their life. Claimants can also move for a partial lump sum of their lifetime benefits to purchase for their needs including, but not limited to, a home. There will be more on this partial lump sum issue in a later blog post.

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

In an effort to continue serving the community while keeping everyone healthy and safe, our office is offering phone and video consultations. To schedule or learn more call (843) 884-6615 or fill out a contact form here.