Legal Question in Workers Comp in South Carolina

Re: What am I entitled to if I lose a limb or finger on the job?

In SC, the law provides that an employer may return an injured employee to work once the authorized doctor says it is OK to do so. Oftentimes, a doctor will release an injured employee to return to work at "light duty" before treatment has been completed. In your case the doctor might release you to right-handed duty only. The employer will often accomodate a light duty return to work because it allows the insurance company to stop paying weekly checks. There are various ways that an injured employee can fight being returned to work too early, even when the doctor says it is OK. It is possible that you may never return to a particular job. However, if you are OKed to return to work by the doctor and the employer asks you to return to work, your checks can be stopped if you simply refuse.

As for what you are entitled, the insurance company will correctly tell you that the thumb is worth 65 weeks at your compensation rate according to statute. (Your compensation rate is probably the amount of the weekly checks you are currently receiving.) While the insurance company's statement about a thumb would be correct, it is not accurate. The SC Workers Comp statute does specify that the loss of a thumb is worth only 65 weeks, but you may be entitled to several times that amount under workers compensation. You are also entitled to payment of medical expenses and mileage. Additionally, depending on the circumstances of your injury, you may have a Products Liability claim as well.

Unfortunately, your caretaker would not be entitled to any lost wages.

I hope this helps answer your questions. This is a very general response and you should speak with an attorney about the specifics of your claim. If I can be of assistance, please feel free to e-mail me or visit our website at www.martinbrasington.com for contact information.

Good luck.