Learn about SC workers’ comp PTD benefits, including which injuries qualify and how compensation is determined
Experiencing a permanent total disability (PTD) as a result of a workplace injury can be life-altering. Such injuries not only transform the day-to-day lives of workers but also place significant emotional and financial burdens on them and their families, making it crucial for workers to understand their rights to workers’ compensation benefits.
South Carolina’s workers’ compensation system is designed to provide support and financial assistance to those who find themselves unable to return to work due to severe injuries. By becoming informed about your entitlements and the process for claiming benefits, you can navigate the path toward securing the necessary resources for rehabilitation, medical care, and lost income.
If you have questions or want help with your claim, contact the experienced Columbia work injury attorneys at Chappell, Chappell & Newman for a free consultation.
What is a permanent total disability in workers’ compensation?
Permanent total disability (PTD) in workers’ compensation refers to a condition where an employee suffers from a work-related injury, disease, or illness that permanently prevents them from returning to any form of gainful employment.
This means the worker is deemed incapable of performing any job duties due to the severity of their injury, disease, or illness, not just those related to their previous employment.
Workers diagnosed with permanent total disabilities may be entitled to long-term benefits, including regular payments and medical coverage, to help compensate for their lost wages and assist with ongoing medical needs.
What is the difference between permanent disability and total disability?
In workers’ compensation, “permanent disability” and “total disability” are terms that refer to the nature and extent of a worker’s injuries or condition, but they have distinct meanings.
A permanent disability refers to a condition where a worker has reached maximum medical improvement (MMI) and is left with lasting effects that prevent them from returning to their pre-injury level of physical or mental ability. Permanent disability can be either partial or total.
Total disability is a broader term that can be temporary or permanent:
- Temporary total disability (TTD) occurs when a worker is completely unable to work for a temporary period but is expected to recover.
- Permanent total disability (PTD) occurs when a worker’s injuries are so severe that they are not expected to ever recover the ability to return to any kind of gainful employment. This condition must be permanent and total, meaning the worker cannot earn wages in the same job or any other due to their injuries.
What is an example of a total permanent disability?
Under Section 42-9-10 of the South Carolina Code of Laws, examples of total permanent disability (PTD) might include:
- Loss of both eyes or loss of vision. Total blindness or significant vision loss in both eyes that prevents the performance of any work.
- Loss of both hands or use thereof. The inability to use both hands, which impedes the ability to perform work-related tasks.
- Loss of both arms or use thereof. Similar to the loss of hands, where the worker cannot use either arm.
- Severe brain injury. Injuries leading to significant cognitive dysfunction that drastically limits work abilities.
- Loss of both legs or use thereof. Similar to the loss of feet, but more severe in terms of mobility and the performance of work-related tasks.
- Loss of both feet or use thereof. The inability to walk or use both feet, severely limiting mobility and the ability to perform work functions.
- Paralysis. Paraplegia, quadriplegia, or similar conditions that result in a loss of movement in major parts of the body.
These conditions are considered under South Carolina law to render an individual unable to earn similar wages they could earn prior to the injury, thereby qualifying them as totally and permanently disabled. It’s important to note that the determination of total permanent disability depends on medical evidence and, in some cases, legal proceedings.
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How is permanent total disability determined in workers’ comp cases?
PTD is determined through medical evaluations and legal assessments, considering factors like the nature of the physical or mental impairments and their impact on the worker’s ability to earn a living.
Key steps include:
- Medical evaluation. The injured worker must undergo a medical evaluation by a qualified health care professional to assess the extent of the injury or illness. The doctor will determine if the worker has reached maximum medical improvement (MMI), meaning the condition is not expected to improve significantly with further treatment.
- Impairment rating. Once MMI is reached, the physician assigns an impairment rating based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment and other relevant standards. This rating reflects the degree of permanent physical or mental impairment.
- Functional capacity. Next, the worker’s functional capacity is evaluated to determine if they can return to their previous work or any other employment. Factors such as the worker’s skills, education, age, and work experience are taken into account.
- Vocational expert analysis. In some cases, a vocational expert may assess whether the worker can be expected to find gainful employment given their physical and mental limitations, education, and occupational background.
- Commission decision. The South Carolina Workers’ Compensation Commission reviews the medical evidence, impairment ratings, and other relevant information to make a final determination regarding PTD status.
In many cases, workers may benefit from seeking the assistance of an attorney who specializes in workers’ compensation to navigate the claim process, present evidence, and advocate on their behalf.
How much does SC workers’ comp pay for permanent total disability?
In South Carolina, workers’ compensation for permanent total disability (PTD) typically pays two-thirds of the injured worker’s average weekly wage prior to the injury. However, this amount is subject to minimum and maximum limits set by the state’s workers’ compensation laws, which change annually.
The compensation is usually payable for up to 500 weeks, but there are exceptions for certain types of injuries, such as brain injuries and spinal cord injuries with severe paralysis, where benefits can be extended for life.
It’s important to note that the exact amount and duration of the benefits can vary based on the individual’s earnings, the nature of the injuries, and the specific details of the case. Workers are encouraged to consult with a workers’ compensation attorney for personalized guidance based on their specific situation to ensure they get the full compensation they deserve.
Get the PTD benefits you deserve with the help of an experienced Columbia work injury attorney
Facing a permanent total disability as a result of a workplace injury is an incredibly challenging situation that affects every aspect of your life. But you don’t have to navigate this daunting journey alone.
The experienced Columbia workers’ compensation attorneys at Chappell, Chappell & Newman are here to support and guide you through the complexities of the workers’ compensation system in South Carolina. With our expertise and dedication, we can help ensure that you receive the full compensation you rightfully deserve to support your recovery and secure your future.
If you or a loved one is dealing with the repercussions of a permanent injury or illness from work, get the help you need today by scheduling a free consultation with Chappell, Chappell & Newman.
References
AMA Guides® to the Evaluation of Permanent Impairment: an overview. (n.d.). American Medical Association. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview
Code of Laws – Title 42 – Chapter 9 – Compensation And Payment. (n.d.). Www.scstatehouse.gov. Retrieved March 7, 2024, from https://www.scstatehouse.gov/code/t42c009.php