Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Always consult a licensed attorney in South Carolina for guidance on your specific situation.
Detailed Answer
When an accident-related injury prevents you from working, you have several avenues under South Carolina law to seek recovery of lost wages. Each option carries its own eligibility requirements, timelines, and procedures.
1. Workers’ Compensation Benefits
If your injury arises out of and in the course of employment, you may be eligible for workers’ compensation. Under S.C. Code Ann. § 42-1-160, you can receive two-thirds of your average weekly wage, subject to state maximums. To preserve your claim, file with the South Carolina Workers’ Compensation Commission within two years of the injury date, as required by § 42-17-20. Benefits may cover:
- Temporary total disability (full wage replacement)
- Temporary partial disability (partial wage replacement)
- Permanent disability benefits for lasting impairments
2. Personal Injury Lawsuit
If a third party’s negligence caused your injury (for example, a car crash or a slip-and-fall), you may file a personal injury lawsuit. Under S.C. Code Ann. § 15-32-210, you can seek compensatory damages for past lost wages, diminished earning capacity, and future wage losses. Key steps include:
- Establishing fault based on duty, breach, causation, and damages.
- Documenting loss with pay stubs, tax returns, and employer statements.
- Retaining an economic expert to calculate future lost earnings.
- Filing before the three-year statute of limitations under § 15-3-530.
3. Uninsured or Underinsured Motorist Coverage
If a negligent motorist lacks adequate insurance, your own policy’s uninsured/underinsured motorist (UM/UIM) coverage can compensate you for wage losses. South Carolina law at S.C. Code Ann. § 38-77-160 requires insurers to offer UM/UIM coverage. Review your policy limits and notify your carrier promptly after the accident.
4. Disability Benefits
If your injury results in a long-term or permanent disability, you may qualify for:
- Short-Term Disability: Employer-sponsored or private plans covering a portion of wages for a limited time.
- Long-Term Disability: Private insurance benefits that begin after short-term benefits end.
- Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Federal programs based on your work history and medical condition. Apply at SSA.gov. Appeals may involve hearings before an administrative law judge.
Helpful Hints
- Collect and preserve all treatment records to prove the extent and duration of your disability.
- Keep detailed wage documentation, including pay stubs, tax returns, and employer correspondence.
- Comply with notice and filing deadlines: two years for workers’ compensation, three years for personal injury.
- Consult medical and economic experts early to substantiate future lost earnings.
- Review your auto insurance policy limits for UM/UIM coverage soon after the crash.