How Long Workers’ Compensation Lasts in SC

How Long Workers’ Compensation Lasts in SC

Story by Joel Berly
July 25, 2025

Workers’ compensation in South Carolina typically provides benefits for up to 500 weeks (about 9.6 years) for most injuries. Payments replace two-thirds of your average weekly wage, capped at $1,134.43 in 2025. Severe injuries like paralysis or brain damage may qualify for lifetime benefits, bypassing the 500-week limit.

Key points include:

  • 500-Week Cap: Applies to most cases, starting payments after a 7-day waiting period.
  • Lifetime Benefits: Reserved for catastrophic injuries (e.g., paralysis, loss of limbs, brain injuries).
  • Medical Coverage: Continues until you reach Maximum Medical Improvement (MMI).
  • Reporting Deadlines: Injuries must be reported within 90 days, and claims filed within 2 years.

If cleared to work or if benefits are contested, payments may end earlier. Always consult legal help for complex cases or disputes.

How Long Workers’ Compensation Benefits Last

In South Carolina, workers’ compensation benefits are subject to specific time limits, which depend on the nature, severity, and recovery process of your injury. Understanding these timelines is crucial for planning your financial and recovery journey. Let’s break down the 500-week cap, lifetime benefits for severe injuries, and situations that could result in an early end to your benefits.

500-Week Maximum Rule

For most workers, South Carolina caps lost-wage benefits at 500 weeks. That’s about 9.6 years of compensation, though the exact details vary by case. This limit applies to temporary total disability (TTD) benefits, which replace your income while you’re unable to work.

Lifetime Benefits for Severe Injuries

Some injuries are so severe that the 500-week limit doesn’t apply. Catastrophic injuries – like paralysis or traumatic brain injuries – qualify for lifetime benefits under South Carolina law. Permanent total disability benefits may also cover conditions such as:

  • Loss of both eyes: Total blindness that prevents any work.
  • Loss of both hands or arms: Inability to use both hands or arms for tasks.
  • Loss of both legs or feet: Severe mobility challenges that make work impossible.
  • Severe brain injury: Cognitive impairments that significantly reduce your ability to work.
  • Paralysis: Conditions like paraplegia or quadriplegia that result in major movement loss.

The South Carolina Workers’ Compensation Commission evaluates medical evidence and impairment ratings to decide if an injury qualifies for permanent total disability status.

When Benefits End Early

There are situations where benefits may end before reaching the standard limits. For example, if you are cleared by a doctor to return to work without restrictions or if you refuse prescribed treatments or evaluations, your benefits could be terminated. Similarly, declining a job approved by the Commission may also result in benefit termination.

In the first 150 days after reporting your injury, your employer can deny or stop your claim by issuing a notice. If you disagree, you’ll need to request a hearing to contest the decision. After this 150-day period, employers must either get your agreement to end benefits or request a hearing if you refuse termination.

It’s also worth noting that losing your job doesn’t automatically mean losing your workers’ compensation benefits. If you’re still undergoing medical treatment, your benefits should continue regardless of employment status. Additionally, employers cannot end benefits solely based on reaching maximum medical improvement without first requesting a hearing if you dispute their assessment.

What Affects How Long Benefits Last

Several factors influence how long workers’ compensation benefits last in South Carolina. While the 500-week cap and lifetime benefits set the upper limits, the actual duration depends on specifics like the type of injury, recovery progress, and work status. Let’s break it down.

Type and Severity of Your Injury

The kind of injury you sustain and its severity play a big role in determining benefit duration. In South Carolina, workers’ compensation benefits are divided into three categories: Temporary Total Disability (TTD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD) – each with its own set timeframes. For injuries affecting certain body parts, the South Carolina Workers’ Compensation Commission has established a schedule that specifies the maximum number of compensable weeks. Here are a few examples:

Body Part Maximum Weeks of Compensation
Thumb Up to 65 weeks
Index Finger Up to 40 weeks
Eye Up to 140 weeks
Hand Up to 185 weeks
Leg Up to 195 weeks

For permanent partial disabilities – where you can still work but with limitations – the duration of benefits is tied to the impairment rating provided by medical professionals. Medical benefits, on the other hand, continue as long as treatment is deemed necessary, up until you reach Maximum Medical Improvement (MMI).

Maximum Medical Improvement (MMI)

MMI is the stage where further treatment offers little to no improvement in your condition. Once you reach this point, temporary benefits typically end, and attention shifts to evaluating any lasting impairments.

Returning to Work with Restrictions

Your ability to return to work, even with limitations, also affects the length of your benefits. South Carolina law requires you to accept light-duty work if your doctor approves it and your employer offers a suitable position. If your employer cannot meet your work restrictions, you may continue receiving temporary total disability benefits until a proper role becomes available or you reach MMI. Additionally, if you return to a light-duty job that pays less than your pre-injury wages, you might be eligible for temporary partial compensation to make up the wage difference.

Waiting Periods and Payment Start Dates

Understanding when your benefits kick in is crucial for managing finances after an injury. South Carolina has clear rules about waiting periods and how payments are calculated.

7-Day Waiting Period

In South Carolina, there’s a mandatory 7-day waiting period before workers’ compensation benefits begin. This means you must be unable to work for seven consecutive days to qualify for temporary disability payments. The waiting period helps discourage fraudulent claims and minimizes unnecessary processing.

If your injury keeps you out of work for fewer than seven days, you won’t receive wage replacement benefits. However, your medical expenses will still need to be covered by the workers’ compensation system.

Retroactive Payment for the Waiting Period

If your work absence extends beyond 14 days, you can receive retroactive payment for the initial 7-day waiting period. For example, if you miss 11 days, you’ll only be paid for the four days beyond the waiting period. But if your absence reaches 21 days, you’ll receive payment for all missed days, including the first seven. This ensures workers with long-term injuries are fully compensated.

Payment Calculations

Workers’ compensation benefits in South Carolina are designed to replace part of your lost income. Typically, payments are calculated as two-thirds of your average weekly wage (AWW), up to a maximum limit set by the state.

The South Carolina Workers’ Compensation Commission adjusts the maximum weekly rate annually. For accidents occurring on or after January 1, 2025, the maximum weekly benefit is $1,134.43, up from $1,093.67 in 2024 and $963.37 in 2022. This cap is based on 66 2/3% of your AWW but cannot exceed the state’s average weekly wage for the prior fiscal year, as determined by the South Carolina Department of Employment and Workforce.

Payments generally begin after the 7-day waiting period from the date of your injury. If you meet the 14-day rule, retroactive payments will also be included. Next, we’ll examine how catastrophic injuries can impact the duration of benefits.

sbb-itb-7016c6e

Lifetime Benefits for Catastrophic Injuries

In South Carolina, workplace injuries that severely limit independence or the ability to work may qualify for lifetime workers’ compensation benefits. These benefits are designed to address the unique and long-term challenges faced by individuals with catastrophic injuries.

What Qualifies as a Catastrophic Injury

South Carolina law specifically outlines certain injuries that automatically qualify for lifetime benefits. According to S.C. Code of Laws § 42-9-10(C), these include:

  • Paraplegia
  • Quadriplegia
  • Physical brain damage caused by a compensable workplace injury.

Beyond these, catastrophic injuries often involve permanent disabilities, significant disfigurement, or a major decline in quality of life. They typically require ongoing medical care and rehabilitation. While the law focuses on brain damage, paraplegia, and quadriplegia, other injuries that might be considered catastrophic include:

  • Traumatic brain injuries
  • Severe burns and disfigurement
  • Organ damage
  • Amputations
  • Loss of vision or hearing
  • Crush injuries

These injuries profoundly affect a person’s ability to work and live independently, which is why they are treated with special compensation rules.

No Time Limit on Benefits

One of the most important aspects of catastrophic injury cases is the exemption from the standard 500-week benefit cap. While most workers’ compensation claims in South Carolina are limited to approximately 9.6 years of benefits, those with qualifying catastrophic injuries receive compensation for life. This recognizes the permanent nature of these injuries and their long-term impact on earning potential.

The benefits are paid at the rate established during the initial claim and are adjusted annually to account for inflation. To qualify, the injury must meet the criteria for being catastrophic and result from a compensable workplace incident. Proving this often requires detailed evidence, including input from:

  • Medical experts
  • Life care planners
  • Economists who assess future care needs and costs.

Given the complexity and long-term nature of these cases, thorough documentation and medical evaluations are critical.

If you believe your injury qualifies as catastrophic, seeking guidance from experienced legal professionals – such as the team at Berly Rouse Attorneys in Charleston, SC – can help you secure the lifetime benefits you’re entitled to. Their expertise ensures you have the best chance of receiving the support you need.

Conclusion

Knowing how long workers’ compensation benefits last in South Carolina is key to planning your financial recovery after a workplace injury. In most cases, workers are eligible for up to 500 weeks (about 9.6 years) of benefits. However, the exact duration depends on the severity of the injury, progress toward maximum medical improvement, and your ability to return to work.

For those with catastrophic injuries like paraplegia, quadriplegia, or traumatic brain injuries, South Carolina law ensures lifetime benefits. These benefits provide ongoing financial support for individuals dealing with the most severe workplace injuries, without any standard time limits.

Timing is everything when it comes to workers’ compensation claims. You must notify your employer within 90 days and file your claim within two years. Even with these deadlines in mind, navigating the claims process can be overwhelming. Insurers, eligibility requirements for extended benefits, and calculating compensation – typically two-thirds of your average weekly wage – can add layers of complexity.

This is where having skilled legal representation can make all the difference. If you’re dealing with claim denials, difficulty obtaining treatments, or believe your injury qualifies for lifetime benefits, reaching out to an experienced attorney is a smart move. Berly Rouse Attorneys, based in Charleston, SC, specializes in workers’ compensation cases and can help you navigate South Carolina’s legal system.

For personalized advice and support, contact Berly Rouse Attorneys to ensure you receive the benefits you’re entitled to.

FAQs

What should I do if I think my injury qualifies for lifetime workers’ compensation benefits in South Carolina?

If you think your injury might qualify for lifetime workers’ compensation benefits in South Carolina, acting quickly is crucial. The first step is to report your injury to your employer right away and file a claim with the South Carolina Workers’ Compensation Commission using Form 50. To qualify for lifetime benefits, your injury must be classified as a permanent total disability, meaning it permanently prevents you from returning to work.

In South Carolina, workers’ compensation benefits typically cover up to 500 weeks. However, for injuries considered permanently disabling, these benefits can continue for life. Seeking guidance from experienced legal professionals, like Berly Rouse Attorneys, can help ensure your claim is managed correctly, increasing your chances of receiving the benefits you’re entitled to.

What happens to my workers’ compensation benefits after I reach Maximum Medical Improvement (MMI)?

Reaching Maximum Medical Improvement (MMI) means your doctor has concluded that your condition is not expected to get better with further medical treatment. At this stage, if you were receiving wage loss benefits, those payments might stop – unless it’s determined that you have a permanent disability.

If you’re eligible for permanent disability benefits, the amount you receive will depend on the seriousness of your condition and how it affects your ability to work. Even after reaching MMI, ongoing medical care might still be necessary to help manage your symptoms. To navigate this process and protect your rights, seeking advice from an experienced attorney can be a smart step to ensure you get the benefits you’re entitled to.

What can I do if my employer challenges my workers’ compensation claim or stops my benefits early?

If your employer challenges your workers’ compensation claim or cuts off your benefits too soon, there are steps you can take to protect your rights. One option is to request a hearing with the South Carolina Workers’ Compensation Commission to address the dispute. Consulting with a skilled workers’ compensation attorney is also a smart move – they can guide you through the process and help ensure your case is managed correctly.

Acting quickly is essential to avoid unnecessary delays in receiving the benefits you might be owed. An attorney can assist you in gathering evidence, preparing for hearings, and advocating for you to work toward the best possible resolution.

Related posts

 

Speak With Our Attorneys Today

If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.

At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.

 
Contact Our Office