Close Menu
Personal Injury Lawyers That Truly Care click here How much is my case worth?
Columbia Personal Injury Attorney > Blog > General > How Do South Carolina Workers’ Compensation Settlements Work?

How Do South Carolina Workers’ Compensation Settlements Work?


Being injured on the job can be scary and upsetting. This is especially true if the injury suffered is serious enough to prevent the worker from returning to the job, resulting in medical bills and lost wages. Knowing what to expect after an on-the-job injury can give you some actionable steps and peace of mind. In this post, we’ll take a look at how South Carolina workers’ compensation settlements work.

At the Marc Brown Law Firm, our South Carolina workers’ compensation lawyer can represent you if you have been injured on the job. Contact us today to request a free consultation.

Types of Compensation Available in a Workers’ Compensation Settlement

The first thing you should familiarize yourself with if you are pursuing workers’ compensation benefits is the types of benefits that are available. Under South Carolina’s workers’ compensation law, benefits include the following:

  • Medical expenses. A worker who is involved in a workplace accident is entitled to the full extent of medical care that they need. All medical expenses that are reasonable and necessary should be covered under workers’ compensation insurance, including surgeries, hospital stays, doctors’ visits, prescription medications, rehabilitation, and more.

  • Temporary total compensation for lost time. If a worker is unable to work due to a workplace injury or an occupational illness, then they are eligible for payment to compensate them for lost wages if they miss work for more than seven days. If they cannot return to work for at least 14 days, then they will also be eligible for compensation for the first seven days.

  • Permanent disability benefits. In some cases, a worker is involved in an accident that’s so severe that they suffer a permanent disability. Compensation is available in the form of permanent partial disability benefits and permanent total disability benefits. Partial disability benefits are offered when the employee is able to perform some type of work, but cannot perform the same type of work that they did prior to the accident. Permanent disability benefits, on the other hand, are for those workers who have been in workplace accidents that resulted in the loss of both hands, feet, arms, legs, vision in both eyes, or a combination of these losses.

Note that the above benefit types are paid on a case-by-case basis—while all workers who require medical care are eligible for medical benefits through workers’ compensation, only those who meet certain criteria will qualify for wage replacement benefits or permanent disability benefits.

How Is a South Carolina Workers’ Compensation Settlement Calculated?

How each benefit type is calculated varies. Again, medical benefits are paid in full—you should not have to pay for any of your medical expenses out of pocket.

Calculating temporary total compensation benefits (wage replacement benefits) and permanent disability benefits is slightly more complicated, though. Let’s take a closer look.

Compensation For Lost Wages

Remember, you are only eligible for compensation for lost wages if your injury prevents you from returning to work for at least seven days; if you miss work for 14 days or more, you can be compensated for the first seven days that you missed work, too. Compensation for lost wages is based on the amount of money that you were earning prior to your accident. The rate at which payment will be offered is 66 ⅔ percent of your average weekly wage prior to the injury. However, the weekly amount that you receive cannot exceed the maximum limit set forth by the state. For the year 2020, South Carolina’s maximum weekly compensation rate in a workers’ compensation case is $866.67.

Compensation For Permanent Disability

South Carolina Code of Laws Section 42-9-30 outlines how certain disabilities are to be compensated. Specifically, the amount of compensation that is paid and the duration for which payments will be made is based on the type of body part that has been lost/rendered totally disabled. For example, the loss of a thumb is compensated at 66 ⅔ percent of the worker’s average weekly wage prior to the injury for a total of 65 weeks. However, the loss of an eye will result in compensation of 66 ⅔ percent of the worker’s average weekly wage prior to the accident for a total of 140 weeks.

One of the complications with calculating based on “average weekly wage” is that this calculation often fails to account for items like overtime wages, bonuses, and wages from multiple jobs. Our lawyers will work to make sure that these are accounted for when your workers’ compensation settlement is calculated.

Settlement Negotiations: What Happens If You Can’t Reach a Settlement?

It is critical that you understand that you are under no obligation whatsoever to accept the first settlement that you are offered by a workers’ compensation insurer. In fact, it is usually within your best interests to deny a first settlement offer and negotiate for a greater compensation award.

Negotiations may go back and forth for weeks or even months. We strongly recommend working with a skilled workers’ compensation attorney who has experience negotiating claims like yours.

The goal is to settle your case out of court—this will save you time and money and is typically less contentious and stressful. However, if you are not offered a settlement that you deserve, your employer/insurer refuses to negotiate, or if your claim is denied altogether, you can request a hearing before the Workers’ Compensation Commission, and the commissioner will rule on the case. If you disagree with the commissioner’s decision, you maintain the right to file an appeal.

Get Legal Help Today

Now that you know how South Carolina workers’ compensation settlements work, our experienced legal team at Marc Brown Law Firm is ready to assist you. If you have been injured at work, we want to help you recover the settlement that you deserve. Contact us today for a free consultation, and learn more about the workers’ compensation settlement process, your rights, and how working with a lawyer may improve the outcome of your case.

Facebook Twitter LinkedIn

Practice Areas

Car Accidents

When a car accident happens, your life may be turned upside down in a matter of seconds. Let us help to restore your life.

learn more

Trucking Accidents

Attorney Marc Brown is a knowledgeable truck accident lawyer. We can help you when you need it most.

learn more

Wrongful Death

Experiencing the death of a loved one is a difficult and emotional time. It can also be financially devastating. Let us help!

learn more

Slip & Fall

Marc Brown is an experienced slip and fall attorney that serves the entire states of South Carolina and Georgia.

learn more

Dog Bites

If you need legal help with a dog bite injury, reach out to a South Carolina dog bite lawyer at the Marc Brown Law Firm.

learn more

Crime Victims

In cases of shootings and other crimes, victims can seek financial compensation by filing a civil claim for damages.

learn more
click here view all practice areas

awards & memberships

Super Lawyers 2021
South Carolina Bar
State Bar Of Georgia
Expertise 2021
American Association for Justice
Richland County Bar Association
South Carolina Association for Justice
Million Dollar Advocates Forum
Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award