Workers’ compensation is a no-fault system, which means injured workers can collect benefits regardless of who is at-fault for the injury. However, a worker cannot receive benefits if the injury was not work-related, if the injury was sustained while the worker was under the influence of drugs or alcohol, or if the injury occurred while the worker was intentionally trying to hurt themselves or someone else. One thing you should know: when an injured worker files a claim, they cannot file a separate lawsuit against their employer, even if their employer was to blame for the accident.
If you’re considering filing a workers’ compensation claim in South Carolina, you’re probably wondering what all claimants want to know, “How much will my workers’ compensation benefits be?” and reasonably so! In this article, we explain how much benefits an injured worker in the state can receive.
Compensation Rates in South Carolina
The South Carolina Employment Workforce determined that the maximum weekly compensation rate in South Carolina for injuries occurring on or after January 1, 2020, is $866.67. In 2019, the maximum weekly compensation rate was $845.74, so the maximum weekly compensation rate increased by $20.93 in 2020 from the previous year.
Under Title 42 of the South Carolina Code of Laws, 1976, the maximum weekly compensation rate for an injured worker receiving workers’ compensation benefits is 66 2/3% of the worker’s average weekly wage, however, the maximum weekly wage benefit amount cannot exceed the average weekly wage for the State of South Carolina for the preceding fiscal year, which is set by the South Carolina Department of Employment and Workforce.
For example, in 2019, the average weekly wage in South Carolina was $866.67, so even if a worker earned $2,000 a week during 2020 just before their injury, their maximum weekly benefit amount still couldn’t exceed $866.67. To recap: for injuries occurring in 2020, injured workers cannot receive more than the average weekly wage for 2019 as determined by the South Carolina Department of Employment and Workforce.
To take a look at the weekly compensation rates since 1979, click here. To file a workers’ compensation claim, contact Masella Law, P.A. today.