You have been hurt on the job and make a claim for workers’ compensation while you get back on your feet. You wonder what your case may be worth.

The answer, in short, depends on a number of things.

One factor involves how much money you were making at the time of your injury. The compensation rate for work-related injuries is calculated as two-thirds of your average weekly wage before taxes. This figure is based on your income for the year prior to when you got hurt.

This compensation rate is used for the weekly benefits paid while you are out of work and factored into the final settlement or final court decision for your workers’ compensation case.

Another factor is the body part that was injured on the job. Under South Carolina law, each body part is worth a specific number of weeks of compensation if that body part is deemed worthy of compensation. For example, an injury to the back is worth 300 weeks, the arm 220 weeks and 40 weeks for injury to the index finger.

The final and most important factor in determining how much your workers’ compensation case is worth involves the extent of your injuries. The true value of your case is determined by how much the work accident affects you and your life going forward.

Things such as your age, job duties, work experience and education may factor into your award, but the main basis for determining compensation will be the extent to which you have permanent disabilities stemming from the workplace accident.

During the course of your workers’ compensation case, it’s vital to follow all doctor’s orders and comply with all treatment recommendations.

It’s also very important to get help with your workers’ compensation case from a qualified lawyer. Your lawyer will work to get you the maximum benefits you are entitled to under the law.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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