If your doctor imposes work restrictions your employer cannot accommodate, then you will be entitled to weekly TTD benefit from the carrier, if your claim is admitted. Typically, these restrictions must be imposed by the doctor provided to you by the carrier. Restrictions could come from an initial provider like an urgent care or the emergency room. Or they could be imposed later by a specialist. If your employer can accommodate your restrictions, you will need to return to work on modified duty.
Benefits are owed on the eighth day of disability due to an accident and from the first day of incapacity if the injury results in incapacity for more than 14 calendar days. Reg. 67-503 At that point, benefits must be paid back to the date on which disability first began.
Once benefits are started, they can be suspended on a Form 15 within the first 150 days for several reasons including denial of your claim based on further investigation by the carrier. Reg. 67-211
After 150 days, benefits cannot be suspended without a hearing unless you return to work or sign a Form 17 agreeing you could return for 15 calendar days. If you return part time or are making less than you did previously, temporary partial benefits are due. Reg. 67-505
How much should I receive in weekly benefits while I am out of work after on-the-job injury?
Two-thirds of your gross wages prior to your accident-with some exceptions. Remember, indemnity payments made through workers' compensation are tax free. Therefore, in most cases you should net approximately the same amount you took home prior to the accident. If you have worked for your employer for more than a year before the accident the rate at which your TTD will be paid is calculated using your actual wages during the four quarters before the quarter when the accident occurred. S.C. Code Ann. §42-1-40 If you have been at your employer for less than a year, your TTD will be based on a similar employee's wages or using another alternate method. Id. The amount owed to a claimant in weekly benefits is known as the claimant's Compensation Rate. (CR) Often, CRs are not calculated accurately by the carrier or employer.
There are also minimum and maximum compensation rates in South Carolina. The minimum compensation rate in the state is $75.00. The maximum compensation rate varies from year to year and is set by the WC Commission annually. The maximum weekly compensation rate for 2021 is $903.04. This means high wage earners receive less than 66 2/3% when they are on a running award.
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