Workers’ Compensation Pay

On This page

If you were hurt on the job, one of the first questions you probably have is: “What is my workers’ compensation case worth?”

The honest answer is that every case is different, but South Carolina workers’ compensation law uses several key factors to estimate the value of a claim. These include your wages, the body parts injured, and how much your injury permanently affects your ability to work.

Understanding these elements can help you see how workers’ compensation benefits are calculated and why some cases are worth significantly more than others.

While many injured workers think workers’ comp is “just a formula,” the truth is more complicated. While state laws do dictate the types of compensation available, an experienced workers’ comp lawyer can make a world of difference in ensuring you get every penny you deserve.

Your Average Weekly Wage Is the Starting Point

Every South Carolina workers’ compensation case begins with something called the average weekly wage.

This number is calculated by reviewing your gross wages before taxes for the four quarters prior to your workplace injury and averaging them across 52 weeks.

Once your average weekly wage is determined, your workers’ compensation partial wage replacement benefits typically equal two-thirds (66⅔%) of that amount.

For example:

Average weekly wage: $900
Weekly workers’ comp benefit: $600

However, South Carolina also sets a maximum weekly compensation rate, which changes each year. Even if two-thirds of your wages exceed that limit, benefits cannot go above the state maximum.

This weekly rate becomes the foundation used to calculate many workers’ compensation settlements.

The Body Part Injured Also Affects Case Value

South Carolina workers’ compensation law places many injuries into what is called a “scheduled member” system. Each body part is assigned a maximum number of weeks of compensation under state law. Multiple injured body parts can be included in your claim.

For example:

Hip – 280 weeks
Arm – 220 weeks
Leg – 195 weeks
Hand – 185 weeks
Eye – 140 weeks
Thumb – 65 weeks

For amputation injuries, the schedule determines the maximum number of weeks in which you can receive benefits, and you will typically receive them for that entire period. You can read more about these limits in our guide to workers’ comp body part values in South Carolina.

These scheduled values create the framework used when calculating settlements for permanent injuries.

The Severity of Your Injury Matters Most

While wages and body part schedules matter, the true value of a workers’ compensation claim depends largely on how the injury affects your life moving forward.

Factors that can influence case value include:

Permanent physical restrictions
Ability to return to your previous job
Age and work experience
Education and training
Future medical needs
Ongoing pain or physical limitations

In many cases, a doctor will assign a permanent impairment rating, which plays a major role in determining how much you are owed. If you want to better understand how those ratings work, see our article explaining how workers’ comp impairment ratings are calculated.

Types of Workers’ Compensation Settlement

In South Carolina, workers’ compensation offers various settlement options; however, there are two types used most often. These are lump sum payments and ongoing benefits, also known as structured benefits. Each type has its pros and cons, and understanding these can help you make an informed decision about your workers’ compensation settlement.

Lump Sum Payments

Lump sum settlements in South Carolina can be requested after receiving six consecutive weekly workers’ compensation payments. Once accepted, additional funds cannot be requested later, even for unforeseen expenses.

Lump sum payments provide immediate access to funds, allowing claimants to cover their bills while not working.

Key points about lump sum payments include:

Typically, not subject to taxes
Any income earned from investing the lump sum may be taxable
Choosing a lump sum means handling all future medical expenses out-of-pocket since the workers’ comp claim is closed after the payment

Structured Settlements

Structured settlements provide injured workers with regular payments over time, as opposed to one lump sum payment. Something called a modified indemnity-only clincher agreement provides coverage for the injured worker’s future medical expenses while releasing their employer from further wage loss payments.

One drawback of structured settlements is that they may limit access to a large sum of money in the event of unexpected expenses. Choosing a structured settlement requires evaluating your long-term financial needs and potential future medical expenses.

Protecting Your Future Medical Care

For workers with injuries that may cause medical complications for years to come, determining how future medical care will be handled can be just as important as the settlement amount itself. Some settlement agreements close out future medical benefits entirely, while others allow medical coverage related to the workplace injury to remain open.

Choosing whether to keep medical benefits open or resolve them as part of a settlement can significantly impact your long-term financial and medical security. For workers with injuries that may require ongoing treatment, medications, or future procedures, understanding these options is critical before agreeing to a settlement.

Learn more about how to protect your future medical coverage after a workers’ compensation injury and what options may be available to you.