Recovering Lost Wages After a Workplace Injury in South Carolina
A workplace injury can change your life in an instant. One minute you are earning a steady paycheck. The next, you are facing medical bills, time off work, and uncertainty about how you will support yourself and your family. In South Carolina, there are legal paths to recover income you lose because of a job-related injury. Understanding those options can make a major difference in how you move forward.
What Counts as Lost Wages
Lost wages include the income you miss because your injury keeps you from working. That can involve more than just your hourly or weekly pay. It may also include overtime you regularly earned, bonuses tied to performance, and sometimes tips or commissions. If your injury forces you to take a lower-paying job or fewer hours, the difference between what you used to earn and what you now earn can also be considered lost income.
Some injuries only cause short-term time off. Others lead to permanent limits that change your career path. Both situations matter under South Carolina law.
Workers’ Compensation and Wage Benefits
Most job injuries in South Carolina are handled through workers’ compensation. This is a no-fault system, which means you usually do not have to prove your employer did anything wrong. If you were hurt while doing your job, you are generally covered.
Workers’ compensation does not pay your full paycheck. Instead, it pays a portion of your average weekly wage. In most cases, that amount is about two-thirds of what you earned before the injury, up to a state maximum.
To calculate your average weekly wage, your earnings from the past year are usually reviewed. If you have not worked that long, a shorter time period may be used. Overtime and bonuses may be included if they were regular and documented.
Types of Wage Benefits Under Workers’ Comp
There are several categories of wage replacement benefits in South Carolina.
- Temporary total disability
This applies when you cannot work at all while you recover. You receive weekly checks until you are cleared to return or reach maximum medical improvement. - Temporary partial disability
This applies if you can work in a limited way but earn less than before. You may receive partial payments to cover part of the difference. - Permanent partial disability
If you recover but are left with a lasting impairment, you may receive a set number of weeks of benefits based on the injured body part and the severity of the damage. - Permanent total disability
In severe cases, such as loss of both hands or total blindness, you may qualify for lifetime benefits.
Each category has its own rules, and mistakes in classification can cost you money.
Waiting Periods and Start of Payments
South Carolina has a waiting period before wage benefits begin. You must miss more than seven days of work before benefits are owed. If you miss more than fourteen days, you can be paid for the first week as well.
Payments should start soon after your claim is accepted, but delays are common. Insurance companies often need time to review paperwork, medical records, and wage history.
Why Workers’ Comp May Not Be Enough
While workers’ compensation helps, it rarely makes someone financially whole. Two-thirds of your pay can be hard to live on, especially if you already lived close to the edge. It also does not cover pain and suffering or emotional distress.
In some cases, you may have another legal option beyond workers’ compensation.
When a Third Party Is Responsible
If someone other than your employer caused your injury, you may be able to file a separate personal injury claim. For example, if you were hurt by defective machinery, a careless driver while making deliveries, or a contractor working at your job site, that party may be legally responsible.
A third-party claim allows you to seek full lost wages, not just a percentage. You can also pursue future lost earning capacity if your injury limits your ability to earn in the long term.
How Future Income Loss Is Calculated
Some injuries heal. Others change what you can do forever. If you cannot return to your old job or must take lower-paying work, you may have a claim for reduced earning capacity.
This involves looking at your age, education, job skills, past income, and medical limits. Experts may be used to estimate what you likely would have earned over your lifetime and compare it to what you can now earn. The difference can be a major part of your claim.
Common Mistakes That Reduce Wage Recovery
Many injured workers make choices that hurt their ability to recover lost wages:
- Not reporting the injury right away – Delays can lead insurers to question whether the injury is work-related.
- Returning to work too soon – Some people go back before they are ready because they need money. This can worsen injuries and reduce benefits.
- Not following medical advice – Missing appointments or ignoring restrictions can lead to benefit cuts.
- Trusting the insurance company to calculate wages correctly – Errors in wage history or classification happen often.
Being careful early can protect you later.
Steps to Protect Your Wage Claim
If you are hurt at work in South Carolina, take these actions as soon as possible:
- Report the injury to your employer in writing
- Get medical treatment from an approved provider
- Keep copies of pay stubs, tax forms, and schedules
- Track every day and hour you miss
- Follow all medical instructions
- Do not assume your benefits are correct without checking
If something feels wrong, it probably is worth asking about.
How Long You Can Receive Benefits
The length of time you can receive wage benefits depends on the type of disability and its severity. Some benefits last only weeks. Others can last years. Permanent total disability can last for life.
There are also limits based on body parts and impairment ratings. Knowing these limits helps you plan.
What Happens if Your Claim Is Denied
Not all workers’ compensation claims are approved. Some are denied because of paperwork issues. Others are denied because the insurer says the injury is not work-related or is not serious enough.
You have the right to appeal. This usually involves hearings before the South Carolina Workers’ Compensation Commission. Evidence, medical records, and testimony all matter.
Appeals take time, but they can result in approval and back pay.
Tax Issues and Lost Wages
Workers’ compensation wage benefits are usually not taxable. However, lost wages recovered through a third-party lawsuit may be treated differently. Some parts of a settlement may be taxable, while others are not.
It is wise to speak with a tax professional if you receive a large payment.
Why Legal Guidance Matters
Wage recovery after a workplace injury is more complex than it seems. Insurance companies have teams of adjusters and lawyers. Their job is to limit what they pay. Your job is to protect your future.
An experienced injury lawyer can review your wage history, challenge low calculations, and look for other sources of compensation. They can also handle appeals and third-party claims.
You do not have to face this alone.
Conclusion
A workplace injury affects more than your body. It affects your sense of security. Lost wages can create stress, anxiety, and family strain. Knowing your rights can ease some of that pressure.
South Carolina law provides ways to replace income after a job injury, but the system is not perfect. Mistakes happen, and benefits are often less than people expect. Taking action early and getting reliable advice can make a real difference.
If you have been hurt on the job, do not assume the checks you receive are the best you can do. Learn your options. Ask questions. Protect your right to be paid fairly for the work you can no longer do, whether for a few weeks or for the rest of your career.
