Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Follow this process under South Carolina law to claim lost wages from multiple jobs after a work-related injury:
- Notify each employer in writing as soon as possible, and no later than 90 days after the injury per SC Code Ann. §42-1-360.
- File your claim with the South Carolina Workers’ Compensation Commission. Fill out Form 50 (Notice of Claim) and submit it online at wcc.sc.gov.
- Gather wage records from all jobs for the 52 weeks before your injury. Use pay stubs, W-2 forms or tax returns to document earnings.
- Calculate your average weekly wage. Add your total earnings from each job over the 52 weeks and divide by 52. This calculation follows SC Code Ann. §42-1-230.
- Apportion benefits. The law apportions lost wage benefits based on each employer’s share of your total average weekly wage per SC Code Ann. §42-1-290.
- Calculate benefit rates. For temporary total disability, apply two-thirds of the difference between your pre-injury and post-injury wages, subject to statutory caps. See SC Code Ann. §42-9-260.
- Attend required evaluations. The WCC may order independent medical exams to confirm your work restrictions.
- Track and follow up. Use the WCC online portal to monitor your claim status and update any changes to your medical condition or employment.
Helpful Hints
- Keep a dedicated file for all medical and employment records related to your injury.
- Document all communications in writing and keep copies of emails and letters.
- Maintain detailed records of hours and wages at each job to ensure accurate benefit calculations.
- Review all WCC notices carefully and note any appeal deadlines under SC Code Ann. §42-17-60.
- Consult a workers’ compensation attorney if your claim is denied or benefits are underpaid.
- Use the WCC’s online FAQs for additional guidance: WCC FAQs.