South Carolina employees who miss an extended period from work due to a non-work-related injury or illness may be able to request short-term disability benefits if they have coverage through their employer or an insurance plan.
The legal team at Land Parker Welch LLC can review the qualifications for short-term disability with you and help you file a claim if you have available coverage.
Contact us today to schedule a consultation.
What Is Short-Term Disability (STD)?
Short-term disability is an employer benefit or insurance coverage that provides partial wage reimbursement to workers who cannot work for several weeks to several months due to a non-work-related injury or illness.
Who Qualifies for Short-Term Disability in South Carolina?
A worker may qualify for short-term disability in South Carolina if they receive it as a benefit through their employer or if they purchase short-term disability insurance individually or as part of an employer-sponsored plan.
How to Get Short-Term Disability Coverage in South Carolina
Employees in South Carolina who want short-term disability coverage can speak with their employers to see whether the company offers STD as a benefit in its compensation package or sponsors a short-term disability insurance plan that workers can buy into.
Alternatively, an employee can apply for an individual short-term disability insurance plan.
How Do I Apply for Short-Term Disability?
Depending on the circumstances of your short-term disability coverage, you may apply for benefits directly with the insurer that provides you with benefits coverage.
Alternatively, you may have to apply for benefits through your employer.
When you apply for short-term disability benefits, you will need to provide the insurer or your employer with information, including:
- Your primary or typical job duties
- The nature of your injury or illness and its cause(s)
- How and when your symptoms started
- When you last worked
- When you expect to return to work
- The medical treatment you’ve received for your condition
- Contact information for your treating healthcare providers
Why Would Short-Term Disability Be Denied in SC?
Some of the most common reasons why insurance providers or benefit plan administrators deny short-disability benefits claims include:
- Failure to meet the mandatory short-term disability waiting period
- Injury or illness arose from work (making the employee eligible for South Carolina workers’ compensation)
- Condition not severe enough to preclude working
- Disability arose from a pre-existing condition
- Disability involves an elective medical procedure not necessary for health or safety, such as elective cosmetic surgery
- Disability arose from drug or alcohol abuse, intentionally self-inflicted harm, or injuries sustained while committing illegal acts
Short-Term Disability Waiting Periods, Benefits, and Duration in SC
Most short-term disability insurance plans impose a waiting period before benefits begin, meaning an employee must miss at least one or two weeks of work, depending on the policy.
After meeting the waiting period, an employee can receive benefits that provide partial wage reimbursement equal to a specific percentage of the employee’s pre-injury/illness average weekly wage or salary, usually around two-thirds of the employee’s wage or salary.
Many short-term disability insurance plans provide up to 26 weeks of coverage, though some may offer shorter or longer durations. Some plans also allow workers to request an extension of coverage beyond the standard duration, up to a specific maximum coverage period.
Once an employee has exhausted the plan’s maximum coverage period, they must transition to long-term disability benefits if they have coverage under a plan or apply for Social Security disability benefits.
What to Do When Short-Term Disability Coverage Ends
Workers who cannot return to work after their short-term disability coverage ends may have several options for seeking other benefits.
First, if a worker also has coverage under a long-term disability insurance plan, or if their short-term disability plan allows conversion to long-term benefits, the worker can apply for long-term disability coverage if they can show they meet the insurance plan’s long-term disability criteria.
Alternatively, a worker may apply for disability benefits from the Social Security Administration.
The SSA runs two disability benefit programs for individuals with a disability that has lasted or is expected to last for at least 12 months or result in death: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
- SSDI provides benefits to individuals with a sufficient work history to demonstrate their contributions to the Social Security system.
- SSI provides benefits to low- or no-income individuals, regardless of work history.
FAQs on Short-Term Disability in South Carolina
Common questions that South Carolina residents have about short-term disability benefits include:
What is the difference between short-term disability, workers’ compensation, and long-term disability in SC?
Injured workers in South Carolina may have access to short-term disability, long-term disability, or workers’ compensation benefits.
Some employers in South Carolina may offer short-term disability benefits as part of their employees’ compensation package, or employees may purchase short-term disability insurance policies.
Short-term disability typically provides coverage for up to six months.
Long-term disability benefits typically come from insurance policies that workers in South Carolina may purchase or participate in through their employer. Long-term disability applies when a worker has a disability expected to last for a prolonged period or to become permanent.
Conversely, South Carolina law requires employers to provide workers’ compensation coverage to qualifying employees who suffer from a work-related injury or illness.
Workers’ comp generally provides medical benefits and partial wage replacement until an employee is cleared to return to work.
What medical conditions qualify for short-term disability in SC?
A medical condition can qualify a worker for short-term disability if it temporarily prevents them from working.
Chronic health conditions, such as cancer, asthma, or high blood pressure, may entitle a worker to benefits if they need to take time off work to seek treatment or manage symptom flare-ups.
Workers may also use short-term disability to recover from acute medical conditions, like heart attacks, appendicitis, or non-work-related injuries.
Does pregnancy or adoption qualify for short-term disability?
Female workers may qualify for short-term disability to recover following childbirth, with policies providing several weeks of coverage that may extend if a mother underwent a C-section or experienced complications during childbirth.
However, short-term disability typically does not cover adoption, as it does not involve a medical condition, although workers can apply for unpaid leave through the Family and Medical Leave Act (FMLA).
Get Help from a Short-Term Disability Attorney Today
If an injury or illness might keep you out of work for several weeks or months, you may have the right to seek short-term disability benefits to support you during your recovery.
If an insurance company disputes or denies your disability claim, an experienced short-term disability lawyer from Land Parker Welch LLC can explain your rights and discuss your legal options.
Contact us today for a free consultation.
