Injured at work? Do you know what workers’ compensation benefits you’re entitled to? In addition to medical benefits and partial wage replacement benefits, you could also be entitled to permanent partial disability benefits (PPD) in South Carolina. An injury that leaves you with permanent impairments but does not prevent you from working can make you eligible for PPD benefits.
Unfortunately, getting the workers’ comp benefits you deserve is not always easy. An experienced workers’ compensation lawyer from Land Parker Welch LLC can fight for you. Call our office today for a free consultation. Let us pursue the benefits you deserve while you focus on healing.
What Are Permanent Partial Disability Benefits?
South Carolina permanent partial disability benefits is compensation that an injured employee is entitled to when a work-related injury has left them with a permanent impairment to a part of their body, but they can still work.
Permanent impairments could include a loss of range of motion in a shoulder or an arm, a lack of strength in a hand after a carpal tunnel surgery, or an inability to sit for long periods of time after a back injury.
Who Is Eligible for Permanent Partial Disability Benefits in SC?
South Carolina law requires employers with four or more employees to carry workers’ compensation insurance. An eligible employee who is injured while performing their job duties is entitled to workers’ compensation benefits. One of those benefits is permanent partial disability benefits.
Most injured employees who get hurt on the job are entitled to medical benefits and partial wage replacement through workers’ compensation insurance. However, in situations where the injury left the employee with permanent changes to their body, PPD benefits are meant to help make the worker “whole.”
How Are PPD Benefits Calculated in South Carolina?
PPD benefits calculations begin with South Carolina’s schedule of period of disability and compensation. This schedule lists the parts of the body and the number of weeks of compensation the law provides for the complete loss of use of each part.
The next part of the equation is an impairment rating. When the injured worker has reached maximum medical improvement (MMI) — the point at which no further healing is expected — the treating doctor will provide an impairment rating. This rating reflects the degree to which the injury impacts the injured body part. The percentage can range from one percent to 100 percent.
The final element in the equation is two-thirds of an injured worker’s average weekly wages (AWW). In South Carolina, average weekly wages are determined using 52 weeks of wages, taken from the four quarters preceding the quarter in which the injured employee got hurt.
The doctor’s impairment rating is not set in stone. A South Carolina workers’ compensation lawyer can negotiate with the insurer or argue before the state Workers’ Compensation Commission for more compensation than the formula produces if needed.
Difference Between Permanent Partial and Permanent Total Disability
Injured employees sometimes confuse permanent partial disability vs. permanent total disability (PTD) benefits. The difference lies in whether the worker can work after their injury.
Unlike PPD benefits, permanent total disability benefits are payable when the work injury results in such significant impairment that the worker can never return to any kind of work. A totally disabled worker will be eligible for 500 weeks of these benefits, which are often paid weekly or as a lump-sum settlement. If the injury leaves the worker paralyzed, with physical brain damage, or total loss of certain bodily functions, workers’ comp can pay weekly benefits for life.
What Happens After You Reach Maximum Medical Improvement (MMI)?
Maximum medical improvement is the point at which additional treatment will likely not improve your condition. When your doctor determines you have reached this point, you and your lawyer can enter into settlement negotiations to conclude the workers’ compensation claim.
The workers’ compensation insurer may try to minimize your PPD claim by requesting an independent medical examination (IME). This is an exam by a doctor who is not one of your treating physicians. If the IME doctor determines that you have reached MMI before your treating doctor reaches that conclusion, the insurer may use the IME report to try to terminate your benefits.
If this happens to you, your workers’ compensation lawyer can take your case to a hearing before the Workers’ Compensation Commission to argue that you are still entitled to benefits.
Frequently Asked Questions About PPD Benefits in SC
Injured workers often bring us questions and concerns about their workers’ compensation cases. We’ve answered a couple of those questions below, but they are for general informational purposes only. Every claim is unique, so consult a lawyer for personalized legal guidance.
Where does an impairment rating come from?
Your treating doctor will provide an impairment rating, and they may rely on the American Medical Association’s Guides to determine what rating may apply. These ratings are based on consensus-driven estimates of the severity of the condition and of how the impairment affects workers’ abilities.
How could an IME affect my claim?
An IME from a qualified physician could be used to argue that your doctor’s impairment rating was too high. If these arguments are successful, your workers’ compensation could be reduced accordingly.
How a Workers’ Compensation Lawyer Can Help with PPD Claims
A workers’ compensation attorney who handles PPD claims regularly can make a significant difference throughout the claims process. Your attorney can:
- Investigate your workplace accident
- Gather evidence
- Handle all communications with your employer’s workers’ compensation insurance company
- Negotiate to maximize your settlement
- Take your case to a hearing before the S.C. Workers’ Compensation Commission if no fair settlement can be reached
- Represent you at any hearings
The South Carolina workers’ comp lawyers at Land Parker Welch LLC are skilled at fighting for our clients’ rights. We have over 120 years of combined experience in protecting our clients and securing the benefits and compensation they need. Call our office for a free consultation about your right to PPD benefits after a work injury.
