Detailed Answer
1. Workers’ Compensation Benefits
Under the South Carolina Workers’ Compensation Act (SC Code Ann. §§42-1-10 to 42-9-110), employees injured on the job may recover wage‐loss benefits. These benefits generally equal two-thirds of your average weekly wage (subject to statutory minimums and maximums) and may continue for up to 500 weeks for permanent partial disability.
2. Personal Injury Lawsuit Against a Third Party
If another party’s negligence caused your injuries—such as in a car crash or a slip-and-fall—you can file a personal injury lawsuit in South Carolina. You may seek economic damages that include past and future lost wages. South Carolina applies a comparative-negligence rule (SC Code Ann. §15-38-15), which reduces your recovery by your percentage of fault.
3. Uninsured/Underinsured Motorist Coverage
South Carolina auto policies must include Uninsured/Underinsured Motorist (UM/UIM) coverage. If the at-fault driver lacks adequate insurance, your UM/UIM coverage can reimburse you for lost wages. See SC Code Ann. §38-77-140.
4. Short-Term and Long-Term Disability Insurance
Many employers offer short-term or long-term disability plans. These private policies can replace a portion of your salary when medical restrictions prevent you from working. Review your policy’s eligibility criteria, benefit levels, and waiting periods.
5. Social Security Disability Insurance (SSDI)
If your injuries result in a total and long-term disability, you can apply for SSDI through the Social Security Administration. Approval timelines vary, and you must meet medical and work-history requirements. For more information, visit ssa.gov.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Document all lost wages with pay stubs, tax returns, and employer statements.
- Seek prompt medical treatment to establish a clear link between the accident and your injuries.
- Report workplace injuries to your employer in writing as soon as possible.
- Maintain detailed records of communications with insurers and other parties.
- Consult an attorney before accepting any settlement offer.