Learn if you qualify for temporary partial disability (TPD) benefits after a work injury or disease in SC and how to maximize your claim
Not all work-related injuries, illnesses, or diseases result in a complete inability to work. Many times, affected workers find themselves in a challenging middle ground—unable to fulfill full-time hours yet capable of performing some level of work.
In such cases, understanding your rights to temporary partial disability (TPD) benefits in South Carolina is crucial. These benefits aim to bridge the financial gap caused by reduced working capacity, providing essential support during your recovery period.
This article will explain your rights to TPD benefits under South Carolina workers’ compensation law and show you how to accurately calculate them to ensure you’re fairly compensated for your loss of earnings while you navigate the path back to full health and employment.
Want help with your claim? Reach out to the knowledgeable Columbia work injury attorneys at Chappell, Chappell & Newman for a free consultation.
Does South Carolina have temporary disability benefits?
Yes, South Carolina does offer temporary disability benefits under its workers’ compensation system. These benefits are designed to provide financial assistance to employees who are unable to work temporarily due to a work-related injury or illness.
However, it’s important to note that independent contractors do not qualify for workers’ comp benefits.
There are 2 main types of temporary disability benefits in South Carolina:
- Temporary total disability (TTD) benefits. These benefits apply when a worker is completely unable to work for a temporary period due to a work-related injury or health condition. TTD benefits are typically two-thirds of the worker’s average weekly wage prior to the injury, subject to state minimum and maximum limits, and are payable until the worker can return to work or reaches what’s called maximum medical improvement (MMI).
- Temporary partial disability (TPD) benefits. These benefits are for workers who can return to work following a work-related injury or health condition but in a limited or reduced capacity, earning less than they did before their injury. TPD benefits are calculated as two-thirds of the difference between the worker’s average weekly wage before the injury and what they are able to earn after the injury, again subject to minimum and maximum limits.
These workers’ compensation benefits are intended to provide temporary financial support to injured workers as they recover, helping them to cover living expenses and medical bills during their period of disability.
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What is temporary partial disability (TPD) in SC workers’ comp?
Temporary partial disability (TPD) in South Carolina workers’ compensation refers to a work-related injury, illness, or disease in which a worker can return to work but cannot yet perform their full duties or work full hours due to their condition. As a result, they earn less than they did before the injury.
TPD benefits are designed to compensate for a portion of the lost income during the recovery period.
What is an example of a partial disability?
In the context of workers’ compensation, some examples of occupational diseases, injuries, and illnesses that might result in partial disabilities that temporarily prevent someone from working include:
- Repetitive stress injuries. Overuse injuries such as carpal tunnel syndrome and tendonitis often require adjustments in work tasks or hours to accommodate healing while still allowing for partial work.
- Sprains and strains. These include common injuries like ankle, wrist, or back sprains that prevent an employee from performing their usual duties at full capacity but may allow them to undertake lighter tasks or reduced hours.
- Fractures. Broken bones that need time to heal may prevent full job function but allow for modified work during the recovery process.
- Concussions. Mild traumatic brain injuries may require reduced work hours or tasks to accommodate healing.
- Surgical recovery. This refers to post-operative recovery periods after a work injury where an employee can return to work but cannot perform their full range of duties due to temporary physical limitations.
- Respiratory conditions. Certain lung conditions like asthma or mild COPD exacerbations triggered or worsened by workplace exposures may necessitate a temporary shift to less physically demanding roles.
- Chemical exposure. Cases of non-life-threatening chemical exposure may require a worker to perform less strenuous duties while undergoing treatment or observation.
These conditions typically allow the worker to engage in some form of employment, albeit at a reduced capacity, while they recover, qualifying them for TPD benefits under workers’ compensation.
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How are temporary partial disability benefits calculated?
Temporary partial disability (TPD) benefits are calculated based on the difference between a worker’s average weekly wage before the injury and what the worker is able to earn after the injury, reflecting the reduced capacity to work.
Here’s the general formula used:
TPD benefits = (pre-injury average weekly wage – post-injury earnings) x two-thirds
The result is two-thirds of the difference between the pre-injury and post-injury wages, which is meant to partially compensate the worker for their lost earning capacity while they recover.
Here’s an example: Suppose a worker in South Carolina was earning an average of $600 per week before getting injured. After the injury, the worker is able to return to a lighter, part-time position that pays $300 per week.
Calculate the difference between pre-injury and post-injury earnings: $600 (pre-injury) – $300 (post-injury) = $300.
Calculate two-thirds of that difference: 2/3 x $300 = $200.
In this example, the worker would be entitled to $200 per week in temporary partial disability benefits in addition to the money they’re earning by working in a reduced capacity. This amount is intended to supplement the worker’s reduced post-injury earnings, helping them maintain a level of financial stability as they continue to recover.
How long can I get temporary partial disability benefits in South Carolina?
In South Carolina, you can typically receive temporary partial disability (TPD) until you are able to return to full-time hours, reach maximum medical improvement, or are released from care, up to 340 weeks from the date of your injury, per Section 42-9-20 of South Carolina law.
However, the actual length of time you can receive these benefits will vary depending on your specific circumstances, such as the extent of your injuries and your recovery progress. It’s important to note that TPD benefits are designed to cover the period during which you are able to work only in a reduced capacity due to your injury.
Maximize your claim with the help of an experienced Columbia work injury attorney
Navigating the complexities of temporary partial disability (TPD) benefits in South Carolina can be a challenging process, especially while recovering from a work-related injury. Understanding your rights and ensuring you receive the appropriate compensation can significantly impact your recovery and financial well-being.
The experienced Columbia workers’ compensation attorneys at Chappell, Chappell & Newman are here to guide you through every step of the process. If you’re struggling to understand your TPD benefits or facing issues with your workers’ compensation claim, don’t hesitate to reach out.
Contact Chappell, Chappell & Newman today for expert assistance and dedicated support to ensure you secure the benefits you rightfully deserve.
References
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