If you work at light duty after a South Carolina workers comp injury and earning less than before, you may be entitled to temporary partial disability benefits. To ensure your employer’s insurance carrier is calculating your wages fairly, reach out to the Shelly Leeke Law Firm for a free consultation with a Charleston workers comp lawyer.
Under S.C. Code 42-9-20, these benefits are generally 66 2/3 percent of the difference between your pre injury average weekly wage and what you are able to earn on light duty.
Average weekly wage is a specific figure calculated under the statute. It is not simply your last paycheck. The weekly benefit is also capped at a statewide maximum that changes every year.
The benefit generally lasts while your partial disability continues. It can end if your wages return to their earlier level or the payments are properly terminated, for example after you reach maximum medical improvement, and it can never run longer than 340 weeks from the date of injury.
Because several variables are involved, review your wage records. If the amount looks wrong, consider talking to a South Carolina workers compensation lawyer.
What Is Temporary Partial Disability (TPD) in South Carolina?
Temporary partial disability (TPD) is the wage loss benefit that applies when your work injury limits, but does not completely stop, your ability to earn wages. A Columbia light duty accident attorney frequently relies on S.C. Code § 42-9-20 temporary partial disability guidelines to protect workers when your doctor releases you to light duty or reduced hours and your paycheck is smaller than before. The benefit is set by S.C. Code 42 9 20.
TPD is different from temporary total disability (TTD) under 42 9 10. TTD applies when you cannot work at all, and it is generally paid at 66 2/3 percent of your full average weekly wage, subject to the same kind of statewide cap.
How Is My Light Duty Compensation Calculated?
The light duty pay difference in South Carolina workers compensation generally follows this formula:
TPD weekly benefit = 66 2/3 percent x (pre injury average weekly wage current average weekly earnings)
Under S.C. Code 42-1-40, your average weekly wage is generally calculated by taking the total wages paid for the last four quarters before the quarter in which you were injured and dividing by 52, or by the actual number of weeks you were paid, whichever is less. An experienced Mount Pleasant workplace injury lawyer can verify your pay history because the statute has alternative methods for shorter work histories and for situations where the standard method would be unfair. Allowances paid in place of wages can count too.
Here is a hypothetical example with round numbers, not a real case:
- Pre injury average weekly wage: $900
- Light duty earnings: $600 per week
- Difference: $300
- TPD benefit: 66 2/3 percent x $300 = $200 per week
Two limits apply. First, the weekly benefit may not exceed the average weekly wage in South Carolina for the preceding fiscal year. The Workers Compensation Commission announces this maximum each year. Because it changes annually, confirm the rate that applies to your injury date. Our legal team constantly monitors the South Carolina average weekly wage maximum 2026 adjustments to ensure you receive full value. Second, if your light duty hours or pay change, the benefit should change too.
Who Decides What Counts as Light Duty?
Your treating physician sets your work restrictions. Examples include lifting limits, no climbing, or a limited number of hours. Light duty means work within those restrictions. If you suspect your company is violating these medical orders, a Greenville workers compensation law firm can intervene. Your employer may offer modified or limited duty work that fits them. If you believe an assignment goes beyond your restrictions, tell your doctor and the adjuster, and keep a written record.
What If My Employer Doesn’t Have Light Duty Work Available?
South Carolina’s workers compensation statute does not expressly require an employer to create a light duty job. Workers comp disability is defined in terms of your inability to earn your pre injury wages (42-1-120). If you have restrictions and no suitable work is provided, you may remain eligible for temporary total disability rather than partial disability, depending on the facts.
Under 42-9-260(B)(5), one of the grounds for suspending temporary total payments early in a claim is that the doctor released you to limited duty and the employer actually provided limited duty work within those restrictions. Retaining a North Charleston job injury attorney is crucial at this stage. If your employer has no light duty available, talk to a lawyer about which benefit applies.
What If I’m Offered Light Duty and I Don’t Take It?
Be careful here. S.C. Code 42 9 190 provides that if an injured employee refuses employment procured for him that is suitable to his capacity and approved by the commission, he is not entitled to compensation while the refusal continues.
Whether a particular offer meets that standard depends on the facts, including your restrictions and the job itself. If you have concerns about an offer, raise them with your doctor, in writing with the adjuster, or with a lawyer before refusing. A Summerville disability claim lawyer can help you formally document why the assignment is medically inappropriate without forfeiting your benefits.
When Does This Benefit End?
TPD may end or change when:
- Your earnings return to your pre injury average weekly wage, so there is no difference left to pay.
- You reach maximum medical improvement (MMI) and the benefit is properly terminated. Achieving South Carolina workers comp maximum medical improvement generally means your treating doctor believes your condition has stabilized and further treatment is not expected to improve it. Under 42 9 260(D), once you are declared at MMI, the employer may request a hearing to end temporary payments. MMI does not automatically end every benefit, and it is often when any permanent impairment is evaluated.
- The 340 week limit from the date of injury is reached (42 9 20).
- The benefit is suspended or terminated under the rules in 42 9 260, which generally require a Commission hearing once 150 days have passed from the date the injury was reported.
What Records Should I Keep?
Report any change in your hours or pay promptly, since the benefit amount may need to be recalculated.
- Pay stubs from the year before your injury and from every light duty week.
- Your doctor’s work restriction notes.
- A log of the hours you worked each week.
- Letters or emails about changes to your job, hours, or pay.
- Records of every benefit payment you receive.
What If I Think My Payment Amount Is Wrong?
Start by asking the adjuster in writing how your average weekly wage and benefit were calculated. If the issue is not resolved, you can ask the South Carolina Workers Compensation Commission to decide it. Workers can request a hearing, and under 42 9 260(C) a strict S.C. Code 42 9 260 hearing timeline applies, mandating that a hearing requested to reinstate suspended or terminated payments must be held within 60 days.
The law also addresses late payments. Under 42 9 90, an installment not paid within 14 days after it is due generally has 10 percent added, unless the Commission excuses the delay.
How Can a South Carolina Workers Compensation Lawyer Help?
A South Carolina workers compensation lawyer can:
- Check how your average weekly wage was calculated.
- Confirm your compensation rate and the maximum that applies.
- Review whether a light duty offer fits your restrictions.
- Handle disputes about refusals or the availability of work.
- Evaluate permanent disability issues as you approach MMI.
No lawyer can guarantee a result. If you are also wondering whether anyone other than your employer may be responsible for your injury, see our FAQ on whether you can sue your employer after a work injury.
Talk to Shelly Leeke Law Firm About Your Light Duty Pay
If your light duty paycheck is smaller and you are unsure your benefits are right, request a free consultation with Shelly Leeke Law Firm or call (843) 604-3273. The legal team at Shelly Leeke Law Firm Charleston is ready to protect your workers comp rights.
