The short answer: Temporary total disability benefits are weekly wage replacement payments you receive when a work injury leaves you completely unable to work while you recover. In South Carolina, an injured employee will receive two-thirds (66 2/3%) of the average weekly wages during the total disability, subject to a minimum and maximum. TTD benefits generally continue until you return to work, reach maximum medical improvement, or hit the 500-week limit.
Getting hurt on the job is hard enough. When the injury keeps you off work, missed paychecks can turn a tough situation into a scary one fast. If you’re worried about rent, groceries, and medical bills while you heal, temporary total disability benefits exist for exactly this reason. Here’s how TTD works under South Carolina workers’ compensation, and what to do if your payments stop too soon.
At McCravy, Newlon, & Clardy Law Firm, we’ve spent 30 years helping injured South Carolina workers protect these benefits. Your consultation is free, and because we work on a contingency basis, you don’t pay attorney’s fees unless we recover benefits for you.
In this article, our experienced Columbia workers’ compensation lawyers discuss:
– What temporary total disability benefits are.
– How much you’ll receive each week.
– How long TTD benefits last.
– What happens when your benefits end.
– What to do if your benefits are cut off early.
What Are Temporary Total Disability (TTD) Benefits?
TTD benefits are weekly payments that replace part of your lost wages when a workplace injury leaves you unable to work at all while you recover. In plain terms, “temporary” means you’re expected to get better, and “total” means you cannot work right now.
South Carolina’s workers’ compensation system is no-fault. Whether the accident was your mistake or your employer’s, it doesn’t matter. If you were hurt on the job and a doctor takes you out of work, you may be entitled to TTD benefits while you heal.
How Much Will You Receive In TTD Benefits?
In South Carolina, TTD benefits equal 66 2/3% of your average weekly wages, but not less than $75 a week, so long as this amount does not exceed your average weekly salary. Under S.C. Code Ann. § 42-1-40, your average weekly wages are based on your earnings during the 52 weeks immediately preceding the date of the injury.
There’s a cap, too. You may not be paid more each week than the average weekly wage in this State for the preceding fiscal year, no matter how much you earned before the injury.
One more thing to know: benefits don’t start on day one. Under S.C. Code Ann. § 42-9-200, no compensation is allowed for the first seven calendar days of disability, but if the injury results in disability of more than 14 days, compensation is allowed from the date of the disability.
Not sure your weekly rate was calculated correctly? Call 866-MCCRAVY for a free consultation.
How Long Does Temporary Total Disability Last?
TTD benefits continue until you return to work, reach maximum medical improvement, or hit South Carolina’s 500-week limit. For most injuries, S.C. Code Ann. § 42-9-10 provides that the period covered by the compensation may not exceed 500 weeks except in certain cases.
Maximum medical improvement, or MMI, is the point at which your doctor determines that your condition has stabilized and is unlikely to improve further with treatment. Reaching MMI doesn’t mean you’re fully healed. It means your recovery has plateaued. Once you hit MMI, TTD payments usually stop, and your case moves toward permanent benefits.
There’s an important exception to the 500-week cap. 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 500-week limitation and shall receive the benefits for life.
What Happens When Your TTD Benefits End?
When TTD ends, your claim usually shifts to a different type of benefit based on how the injury affected you long-term. If you made a full recovery and returned to your job, your benefits simply stop.
If your injury left lasting damage, you may be owed permanent disability benefits instead. Workers with a permanent impairment may qualify for permanent partial disability, and those who are unable to return to any work may qualify for permanent total disability. If you can work but earn less than before, temporary partial disability pays two-thirds of the difference between your average weekly wages before the injury and what you’re able to earn afterward, for up to 340 weeks.
This transition is where many workers lose out. The impairment rating your doctor assigns drives what your case is worth, and insurers don’t always get it right.
What Can You Do If Your TTD Benefits Are Cut Off Early?
If your employer or its insurer stops your benefits before you’ve recovered or returned to work, you can request a hearing with the South Carolina Workers’ Compensation Commission. An employee whose disability payments have been terminated or suspended may request a hearing to have the payments reinstated.
Insurers cannot just cut you off whenever they want. Within the first 150 days, payments may be terminated or suspended only for specific reasons, such as the employee returning to work or being released by the treating physician to work without restriction, with the employer offering comparable employment. After the 150-day period expires, the regulation requires an evidentiary hearing and commission approval before benefits are suspended or terminated, unless that hearing is expressly waived in writing.
There are real teeth here. Failure to comply with the section results in a 25% penalty imposed on the carrier or employer, computed on the amount of benefits withheld. And if you request a hearing to restart payments, it must be held within 60 days of your request.
Insurance companies know these rules cold. You should have someone in your corner who knows them, too. Call 866-MCCRAVY to talk through your options.
Frequently Asked Questions About Temporary Total Disability Benefits
How long do I have to file a workers’ compensation claim in South Carolina?
Generally, you have two years from the date of your accident. Under S.C. Code Ann. § 42-15-40, the right to compensation is barred unless a claim is filed with the commission within two years after an accident, or if death resulted from the accident, within two years of the date of death. Waiting can cost you the right to any benefits, so it’s smart to act early.
Does it matter whose fault the injury was?
No. South Carolina workers’ compensation is a no-fault system. As long as you were injured on the job, you can pursue TTD benefits even if the accident was your own mistake.
How much does it cost to hire a workers’ compensation lawyer?
Your first consultation with us is free. We handle workers’ comp claims on a contingency basis, so you don’t pay attorney’s fees unless we recover benefits for you. Those fees are subject to Commission approval.
Don’t let a cut-off check or a lowball rate leave you without the support you’re owed. With 30 years of experience, seven offices across South Carolina, and a commitment to honest, straightforward advice, McCravy, Newlon, & Clardy Law Firm is ready to help. Visit our West Columbia office at 1607 Augusta Rd or call 866-MCCRAVY today for a free consultation.