Legal Question in Workers Comp in South Carolina

Amount i should receive

my doctoe has given me a 7% permanent impairment of my spine, where can i find information on how much i should be compensated?

Asked on 1/22/02, 7:33 pm

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: Amount i should receive

The spine is a scheduled member of the body under SC workers' compensation law. It is valued at up to 300 weeks. A 7% rating to the back is calculated by multiplying .07 x 300 = 21 weeks. The 21 weeks is then multiplied times the weekly amount to which you are entitled.

If you were absent from work as a result of this accident and received weekly benefits, then the weekly amount you received is the number that is multiplied by 21. For example, if you had surgery and missed several weeks and you received a check for $250 each week, then $250 x 21 = $5250 would be a recovery of 7% to the spine.

However, if you are settling your claim with the insurance company, you can receive significantly more than the rating amount, (in some cases more than double) depending on the method you settle. Additionally, the weekly amount is often calculated incorrectly and can be revised upward, thereby increasing your recovery.

I recommend seeking the advice of an attorney before you settle. If I can be of further assistance, please contact me.

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Answered on 1/23/02, 8:37 am

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