SECTION
42-9-10. Amount of compensation for total
disability; what constitutes total disability.
(A) When the incapacity for work resulting from an injury is
total, the employer shall pay, or cause to be paid, as provided
in this chapter, to the injured employee during the total
disability a weekly compensation equal to sixty-six and
two-thirds percent of his average weekly wages, but not less
than seventy-five dollars a week so long as this amount does not
exceed his average weekly salary; if this amount does exceed his
average weekly salary, the injured employee may not be paid,
each week, less than his average weekly salary. The injured
employee may not be paid more each week than the average weekly
wage in this State for the preceding fiscal year. In no case may
the period covered by the compensation exceed five hundred weeks
except as provided in subsection (C).
(B) The loss of both hands, arms, shoulders, feet, legs,
hips, or vision in both eyes, or any two thereof, constitutes
total and permanent disability to be compensated according to
the provisions of this section.
(C) Notwithstanding the five-hundred-week limitation
prescribed in this section or elsewhere in this title, any
person determined to be totally and permanently disabled who as
a result of a compensable injury is a paraplegic, a
quadriplegic, or who has suffered physical brain damage is not
subject to the five-hundred-week limitation and shall receive
the benefits for life.
(D) Notwithstanding the provisions of Section 42-9-301, no
total lump sum payment may be ordered by the commission in any
case under this section where the injured person is entitled to
lifetime benefits.
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You have the right
to have legal representation
Arrested or Injured? For emergencies, we have attorneys on call 24 hours a day 7 days a week. Call us at 843-488-5000.
If you have a work related injury, you have the right to seek
assistance from an attorney . Coastal Law can help ensure that you
receive any benefits you are entitled to for your injury.
Coastal Law Firm advises and represents injured workers on all
aspects of workers' compensation coverage and claims arising from
workplace injuries.
The South Carolina Workers' Compensation Law (Section 42 of the
South Carolina Code of Laws) entitles you to important benefits for
disabling, job-related injuries.
The purpose of the law is "to compensate employees for the economic
consequence of work-related injury, illness and disease without
regard to fault," according to the South Carolina Workers'
Compensation Commission, the state agency charged with administering
the law.
Telephone:Coastal Law - Main
Office: 1-843-488-5000
Monday to Friday 8:00am to 5:00pm (EST)
Saturdays, Sundays and federal holidays please leave a message. If you
have a legal emergency, please let us know and we will respond as soon as
possible.
