Our Blog

South Carolina Injured Workers With Brain, Paraplegic And Quadriplegic Injuries Get Lifetime Disability Benefits

South Carolina Injured Workers With Brain, Paraplegic And Quadriplegic Injuries Get Lifetime Disability Benefits

South Carolina workers seriously injured on the job that sustain injuries that result in brain damage, paraplegia and/or quadriplegia are entitled to receive lifetime disability benefits under the South Carolina Workers’ Compensation Act. S.C. Code Ann. §42-9-10 spells out exactly what what medical and other money damages claimant’s are entitled to when they are injured at work. Paragraph (c) specifically states that those determined to be totally and permanently disabled from their work accident and that suffer one of the three serious injuries noted above, are not subject ot the usually 500 week limitation on benefits. Rather, these workers are entitled to lifetime weekly disability checks.

While the South Carolina legislature has spoken clearly on this issue, it is still up to the hearing Commissioner to decide whether or not the injured worker has met his burden of proving his case. This includes proving that he or she is totally disabled and also that as a component of said disability that they either sustained brain injury, paraplegia or quadriplegia. It is important to note that these serious injuries only have to be a component of the total disability and do not have to be the sole cause of same.

South Carolina brain injuries caused by work accidents are not always easy to prove. Only a small percentage of these injuries show up on a traditional MRI or CT scan. Many times those suffering from brain injury appear normal to the casual observer but family members and friends notice a difference in their memory, ability to multitask and especially their mood just to name a few symptoms. Often times the only way to document these subtle changes to the worker from their injury is for them to undergo neuropsychological testing with a neuropsychologist. This is non-invasive testing that requires the participant to take a series of written and verbal tests that often time reveal the extent of their brain injuries.

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.