South Carolina Permanent Total Disability Benefits

The effect of a serious, permanent workplace injury is nearly instantaneous from multiple perspectives: financial, mental, and physical. You might be traumatized from the accident, facing lost wages, and medical debt. Permanent Total Disability (PTD) benefits in South Carolina should provide long-term financial support when a work-related injury prevents you from returning to any gainful employment. These benefits replace lost income and ensure ongoing access to medical care. 

However, insurance companies often contest a PTD finding due to the significant long-term costs associated with this classification. Our hardworking and attentive team at Lee Injury Law, LLC, is here to guide you through every step, with no upfront costs, to help you get the benefits you deserve. 

What Are Some Examples of a Permanent Total Disability?

Under South Carolina workers’ compensation law, certain injuries are presumed to result in permanent total disability because they prevent the injured worker from ever returning to any form of gainful employment, including: 

• Loss of both hands, arms, feet, or legs 
• Loss of vision in both eyes 
• Paralysis, including paraplegia or quadriplegia 
• Traumatic brain injuries 

Other serious conditions can also qualify for PTD, including advanced chronic illnesses or occupational diseases, such as serious heart or lung conditions, progressive neurological disorders, or work-related cancers.  

Even if your injury or illness is not on this list, you may still be eligible for PTD. Eligibility depends on medical documentation, vocational assessments, and expert testimony showing that you cannot safely and reliably return to work. The focus is always on your ability to be employed. 

Understanding SC Permanent Total Disability Benefits

In general, PTD benefits pay two-thirds of your average weekly wage before your injury. The state sets minimum and maximum weekly benefit limits, which are adjusted annually based on the statewide average weekly wage. For most workers, benefits continue for up to 500 weeks, which is roughly 9.6 years. 

Some injuries are so severe that this cap does not apply. For example, if you suffer paraplegia, quadriplegia, or other similar injuries, PTD benefits may continue for the rest of your life, reflecting the permanent inability to work.

How Are PTD Benefits Are Calculated and Paid in South Carolina?

To put it in perspective: a worker who earned $1,200 per week before their injury would typically receive about $800 per week in PTD benefits. Someone with higher earnings may be limited to the state’s maximum weekly rate, but the principle remains the same; you receive a significant portion of your wages to provide financial stability. 

The exact amount and duration of benefits depend on your prior earnings, the severity of your injuries, and your medical documentation. Because PTD claims are complex, having a knowledgeable Columbia workers’ compensation lawyer review your case can make a significant difference in securing the benefits you need.

Why Legal Representation Matters in PTD Claims

As noted, PTD claims are some of the most complex and aggressively contested claims in the South Carolina workers’ compensation system. An experienced attorney can: 

• Make sure your benefits continue without unnecessary interruptions 
• Review all documents before you sign to prevent waiving important rights 
• Verify that your average weekly wage is calculated accurately 
• Collect the necessary medical records and vocational expert opinions to support your claim 
• Challenge benefit denials that lack medical support or legal justification 
• Negotiate a settlement that reflects the full value of your disability 
• Advocate for you at workers’ compensation hearings and appeals 

When an injury permanently removes you from the workforce, the stakes could not be higher. Skilled legal advocacy can be the difference between receiving life-changing benefits and having a claim denied. 

Contact Us For a Free Consultation

If you were injured on the job and believe your condition may prevent you from returning to work, contact Lee Injury Law today. We have helped hundreds of workers secure the benefits they are legally entitled to and protected their families from the financial fallout of a permanent disability.  

There is no risk in reaching out, and no downside to getting clarity on your rights – you pay no legal fees unless we win. Schedule a free, no-obligation consultation with a South Carolina workers’ compensation lawyer today.

Legally Reviewed by