How South Carolina Workers’ Compensation Benefits Are Calculated

Workers’ comp benefits in South Carolina follow a structured formula. Understanding how the system works helps you evaluate whether you’re receiving fair compensation.

Average Weekly Wage (AWW) Calculation

Your benefits are based on your Average Weekly Wage—calculated by dividing your total earnings from the four quarters preceding your injury by 52 weeks. This includes regular wages, overtime, bonuses, and employer-provided benefits. For Charleston workers, AWW varies significantly by industry: port workers and Boeing manufacturing employees typically earn higher AWW than hospitality industry workers, which directly affects benefit amounts.

Temporary Total Disability (TTD) Benefits

If you cannot work at all during recovery, TTD pays two-thirds (66.67%) of your AWW, subject to a maximum weekly rate set annually by the SC Workers’ Compensation Commission. For 2025-2026, the maximum weekly TTD rate is approximately $1,049.62. TTD continues until you reach Maximum Medical Improvement (MMI) or return to work, up to 500 weeks.

Temporary Partial Disability (TPD) Benefits

If you can return to work in a limited capacity earning less than your pre-injury wages, TPD pays two-thirds of the difference between your pre-injury AWW and your current reduced earnings.

Permanent Partial Disability (PPD) Benefits

After reaching MMI, if you have lasting impairment, PPD benefits are calculated based on your impairment rating and the body part affected. South Carolina uses a “scheduled loss” system that assigns specific benefit weeks to different body parts. For example, loss of use of an arm is valued at 220 weeks, a leg at 195 weeks, a hand at 185 weeks.

Permanent Total Disability (PTD) Benefits

If your injuries prevent you from ever returning to gainful employment, PTD provides lifetime benefits at two-thirds of your AWW, subject to the maximum rate. PTD applies to catastrophic injuries like severe brain injuries, spinal cord damage causing paralysis, or loss of multiple limbs.

Third-Party Claims: When You Can Sue Beyond Workers’ Comp

Workers’ comp is typically the exclusive remedy against your employer. However, if a third party caused or contributed to your workplace injury, you may have a separate personal injury lawsuit providing significantly greater compensation including pain and suffering, punitive damages, and full lost wages (not just two-thirds). Common third-party claims for Charleston workers include:

Defective equipment manufacturers: If faulty machinery or tools caused your injury
Subcontractors on construction sites: When another company’s negligence caused your injury
Property owners: When you’re injured at a client’s location due to premises hazards
Truck drivers/companies: When a commercial vehicle injures you while working near roadways

Common Workplace Injuries in Charleston

Port of Charleston: Dock workers face crush injuries, falls from heights, forklift accidents, container-related injuries, and repetitive stress injuries from cargo handling
Construction: Charleston’s building boom creates fall risks, electrical injuries, struck-by accidents, and equipment-related injuries
Hospitality (hotels/restaurants on King Street): Burns, slip and falls, repetitive strain injuries, and lifting injuries
Boeing/Manufacturing: Repetitive motion injuries, chemical exposure, machinery accidents, and hearing loss

Settlement vs. Hearing

Most workers’ comp cases resolve through settlement, where you accept a lump sum in exchange for closing your claim. Settlement amounts depend on your TTD/PPD benefits, future medical needs, and the strength of your case. Alternatively, you can request a hearing before the SC Workers’ Compensation Commission for a binding decision. Our attorneys evaluate both options to recommend the strategy that maximizes your total recovery.

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What Benefits Can You Recover in Your Charleston Workers’ Compensation Case?

The total value of your workers’ compensation claim depends on multiple factors. Here’s what may be included in your recovery:

Weekly Wage Replacement Benefits

If you’ve lost wages due to your injury, you recover benefits equal to two-thirds of your average weekly wage (up to the state maximum). The total value depends on:

Duration of lost wages: How long until you can return to work? Weeks? Months? Years?
Your pre-injury wage: Higher-paid workers (such as skilled trades in Charleston construction or Boeing manufacturing) have higher AWW, resulting in higher weekly benefits
Type of disability: TTD pays full two-thirds; TPD and PTD rates depend on wage loss and duration

Example: A Charleston port worker earning $1,400/week who’s unable to work for 6 months receives approximately $54,600 in TTD benefits (26 weeks × $1,050/week, with state cap applied).

Permanent Partial Disability (Scheduled Benefits)

If your injury involves loss of use of a body part, you receive scheduled PPD benefits regardless of wage. Current 2025-2026 maximum rates:

Arm loss: $19,500
Hand loss: $16,575
Leg loss: $19,500
Foot loss: $16,575
Eye loss: $11,050
Finger loss (varies): $1,100–$5,500
Toe loss (varies): $550–$2,200

Permanent Partial Disability (Unscheduled Benefits)

For non-scheduled injuries (back injury, neck injury, traumatic brain injury, chronic pain), unscheduled PPD uses the formula:

Unscheduled PPD = 2/3 AWW × Months of Impairment

Impairment periods are determined by medical evidence and SC guidelines. A worker with a permanent back injury might receive 240–360 months of benefits, resulting in $40,000–$80,000+ in unscheduled PPD, depending on wages.

Permanent Total Disability (Lifetime Benefits)

PTD provides indefinite weekly benefits (two-thirds AWW, max $378/week for 2025-2026) plus all medical care for life. The present value of PTD for a younger worker can exceed $500,000.

Medical Treatment and Related Costs

All reasonable and necessary medical care is covered:

Current and ongoing treatment: estimated $30,000–$100,000+ depending on injury severity
Future surgery or procedures: covered indefinitely
Prosthetics, orthotics, medical equipment: full coverage
Home modifications for accessibility: covered if medically necessary

Vocational Rehabilitation

If you cannot return to your pre-injury job, vocational rehabilitation may cover:

Career counseling and retraining: up to $10,000–$20,000
Educational tuition and fees
Temporary income during retraining

Third-Party Recovery

If negligence by a third party contributed to your injury, you may recover damages including:

Pain and suffering (not available in workers’ comp alone)
Loss of earning capacity beyond workers’ comp limits
Permanent disfigurement
Loss of enjoyment of life
Punitive damages (in cases of gross negligence)

Third-party settlements in Charleston have ranged from $50,000 to $500,000+ depending on liability and your injuries.

Calculating Your Total Case Value

A realistic workers’ compensation claim value calculation might look like this:

Example: Charleston Construction Worker, Back Injury

Average weekly wage: $1,200
TTD (16 weeks at 2/3 wage): $16,000
Unscheduled PPD (240 months × $800): $192,000
Medical treatment (current + future): $50,000
Vocational rehabilitation: $8,000
Total: $266,000

If a third party (equipment manufacturer) was also negligent, an additional settlement of $100,000–$200,000 might be recovered.

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Why Choose Crantford Meehan for Your Charleston Workers’ Compensation Claim?

Navigating the South Carolina Workers’ Compensation system alone is daunting. Insurance companies have experienced adjusters and attorneys dedicated to minimizing payouts. You need experienced legal representation to ensure you receive every dollar you’re entitled to.

Deep Experience with Charleston’s Major Industries

Murphy Crantford and Jerry Meehan have spent decades representing injured workers in Charleston’s largest employment sectors:

Port of Charleston Operations: Dock workers, longshoremen, cargo handlers, equipment operators. We understand port injuries—from crushing injuries to spinal damage from loading operations. We’ve successfully negotiated with major shipping companies and stevedore employers.
Construction Boom: Charleston’s rapid development creates thousands of construction jobs and injuries. From roofing accidents to fall injuries to equipment-related trauma, we represent construction workers across all trades.
Hospitality Industry: Hotels, restaurants, and service workers on King Street and throughout Charleston face slip-and-fall, burn, and assault injuries. We know hospitality employers’ insurance practices and settlement patterns.
Manufacturing and Boeing: Advanced manufacturing and aerospace operations require specialized knowledge of occupational diseases and repetitive injury patterns.

Maximizing Your Workers’ Compensation Award

Our approach focuses on:

Thorough injury documentation: We compile medical records, accident investigation reports, and witness statements to build a compelling case.
Expert medical testimony: We work with occupational medicine physicians, rehabilitation specialists, and life-care planners to establish the full scope of your injuries and treatment needs.
Accurate wage calculations: Errors in AWW calculation can cost you thousands. We meticulously verify your earnings history.
Identifying third-party liability: We investigate whether negligent third parties contributed to your injury, opening the door to additional recovery beyond workers’ compensation.
Strategic negotiations and hearings: We decide whether settlement or hearing serves your best interests, then aggressively pursue that strategy.

Protecting Your Rights Throughout the Process

Insurance companies may attempt to:

Underestimate your average weekly wage
Pressure you to accept inadequate settlements quickly
Deny necessary medical treatment
Mischaracterize your condition to limit benefits
Retaliate against you for filing a claim

We protect you at every stage. If the insurance company denies benefits or makes unreasonable decisions, we file a claim with the South Carolina Workers’ Compensation Commission and advocate aggressively at hearing.

A Track Record of Success

Crantford Meehan has recovered millions in workers’ compensation benefits and settlements for injured South Carolinians. Our success includes:

TTD awards extending 6+ months for serious injuries
PPD settlements 2-3 times initial offers
PTD designations for workers with permanent, career-ending injuries
Third-party settlements exceeding $300,000 in complex cases
Medical coverage approvals for ongoing treatment denied by insurers

Every case is different, but our experience gives us confidence to advocate effectively for your maximum recovery.

No Upfront Costs—Contingency Representation

We represent injured workers on a contingency fee basis. You pay nothing upfront. Our fee is a percentage of your recovery, only if we win your case. This aligns our interests with yours: we only succeed when you succeed.

What Should You Do After a Workplace Injury in Charleston?

Taking the right steps immediately after an injury significantly impacts your workers’ compensation claim value. Here’s what to do:

Step 1: Seek Medical Treatment Immediately

Your health is the priority. Go to the emergency room, urgent care, or your doctor immediately after injury. Be specific about:

How the injury occurred
What body parts are injured
Any loss of consciousness or severe symptoms
Whether you were working when injured

Tell medical providers this is a work injury. Request that they document it as such in your medical record. This creates an official record that workers’ compensation will review.

Step 2: Report Your Injury to Your Employer

You must inform your employer or supervisor about your injury. In South Carolina, you generally have 90 days to report a work injury, but report immediately. Ask your employer:

For a copy of their workers’ compensation insurance information
For the claim form (Form WCC-12, Initial Report of Injury)
Whether they have a workers’ compensation policy

If your employer is uninsured or retaliates against you for reporting the injury, contact us immediately—retaliation is illegal in South Carolina.

Step 3: Gather Evidence and Documentation

As soon as possible, document your injury and its circumstances:

Photographs: Take pictures of the accident scene, equipment involved, and any visible injuries
Witness names: Get contact information from coworkers who witnessed the injury
Accident description: Write down exactly what happened while your memory is fresh
Medical records: Keep all medical bills, prescriptions, imaging results, and doctor notes
Lost wages: Document all time off work and reduced pay due to injury
Employment history: Gather pay stubs and tax returns to establish your average weekly wage

Step 4: Follow Your Doctor’s Recommendations

Attend all medical appointments and follow treatment recommendations. Failure to comply with treatment can give the insurance company grounds to deny benefits. However:

You can request a second opinion if you disagree with treatment recommendations
You can refuse unsafe or unreasonable treatment
If your doctor prescribes treatment and the insurance company denies it, we can file for approval

Step 5: Do Not Accept the First Settlement Offer

Insurance companies often make initial settlement offers within days or weeks of injury. These are almost always lower than your case’s true value. Do not accept without legal counsel. A settlement locks you into a fixed amount—if your condition worsens later, you cannot reopen the case.

Step 6: Contact Crantford Meehan for Free Case Evaluation

Call us at (843) 376-4030 for a free, confidential case evaluation. In this consultation, we will:

Review the facts of your injury and your medical records
Explain South Carolina workers’ compensation law in plain language
Estimate the likely value of your claim
Advise whether you should negotiate or pursue a hearing
Discuss third-party liability if applicable
Answer all your questions about the claims process

There’s no obligation. Many injured workers find that legal representation dramatically increases their recovery.

Step 7: Let Us Handle Negotiations and Legal Proceedings

Once you’ve hired Crantford Meehan, we handle all communication with the insurance company, coordinate with medical providers, and file necessary paperwork with the SC Workers’ Compensation Commission. You focus on recovery while we fight for your benefits.

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“Helped me through the hardest time in my life “

Crantford Meehan has helped me extremely through the hardest time in my life and has gotten me such an AMAZING recovery after my accident. I highly recommend them to any and everyone I know. Even after my own mother got into an auto accident, they have helped us both successfully move forward with our lives...

Harleigh Tenio
My ‘go to’ for legal help.

Attorney William Crantford has been great! He is my “go to” for legal help.

David Childress
Mr. Meehan was very professional.

Mr. Meehan was very professional. He made sure to address all of the questions and concerns that I had while working with him. I would absolutely recommend Crantford Meehan to anyone looking for an attorney who works hard to get you the best possible outcome.

Nikki M.

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Frequently Asked Questions About Workers’ Compensation in Charleston, SC

Q: How long do I have to file a workers’ compensation claim in South Carolina?

You must report your injury to your employer as soon as practicable, and generally within 90 days. However, the statute of limitations for filing a claim with the SC Workers’ Compensation Commission is different for different types of injuries. For acute injuries, you typically have 2 years from the date of injury, but don’t wait—file immediately. For occupational diseases (like mesothelioma from asbestos or repetitive strain injury), special rules apply. Contact us to ensure you meet all deadlines.

Q: Can I be fired for filing a workers’ compensation claim in South Carolina?

No. South Carolina law explicitly prohibits employers from retaliating against employees for filing or pursuing workers’ compensation claims. Retaliation includes termination, demotion, reduced hours, or other adverse employment action. If you’ve been retaliated against, contact us immediately—you may have grounds for a separate claim.

Q: What if my employer didn’t have workers’ compensation insurance?

South Carolina requires almost all employers with three or more employees to carry workers’ compensation insurance. If your employer is uninsured, you have options: (1) file a claim against the employer’s Uninsured Employers Fund, (2) pursue a personal injury lawsuit against your employer, or (3) both. Uninsured employer cases often result in higher recoveries because you’re not limited to workers’ compensation benefits. Contact us immediately if you were injured while your employer was uninsured.

Q: Will receiving workers’ compensation benefits affect my Social Security or disability benefits?

Workers’ compensation and Social Security Disability are separate systems, but there can be offset issues. If you receive SSDI, your workers’ compensation benefits may be reduced to prevent “double-dipping.” However, the offset calculation is complex and depends on your specific situation. We can review your Social Security status and help minimize any offset.

Q: Can I recover damages for pain and suffering in workers’ compensation?

Under the standard workers’ compensation system in South Carolina, you generally cannot recover separate pain and suffering damages—workers’ compensation covers lost wages and medical expenses only. However, if a third party (not your employer) caused your injury, you can sue that third party for full damages, including pain and suffering. Additionally, in cases of gross negligence by the employer, punitive damages may be available under exceptional circumstances. Our attorneys will identify all available recovery sources.

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