
In most cases, yes. If your light-duty wages are lower than your pre-injury average weekly wage, you should continue receiving weekly workers comp checks. Those checks are a temporary partial disability benefit, generally paid at two-thirds of the difference in wages under S.C. Code § 42-9-20. Our separate FAQ explains how the light-duty pay difference is calculated.
If you are asking, “Will I still receive weekly checks?”, here is what generally happens:
- The employer’s workers’ comp insurance carrier usually issues the checks, generally on a weekly schedule.
- The amount can change if your light-duty pay changes.
- The benefit can end when your wages are restored, after maximum medical improvement (MMI), or under other statutory rules.
If a check is late, missing, or seems wrong, you have options, and a South Carolina workers compensation lawyer at Shelly Leeke Law Firm can help if payments stop unexpectedly.
Will I Still Receive Weekly Checks If I’m Released to Light Duty?
Usually, if you are earning less than before. Being released to work with restrictions does not by itself end your benefits. What matters is whether your injury still reduces what you can earn. If your light-duty paycheck is smaller than your pre-injury average, South Carolina law generally provides a weekly benefit to make up part of the gap.
If your light-duty job pays the same as or more than before, there is usually no wage difference to pay. In that case the weekly checks may stop even though you are still in treatment. Your medical benefits are a separate matter.
Who Pays My Weekly Workers Comp Check, and How?
Payments usually come from your employer’s workers’ compensation insurance carrier or a self-insured employer, not from your employer’s regular payroll. The law defines “carrier” to include self-insurers (§ 42-1-60). Under the South Carolina Workers’ Compensation Law:
- Compensation must be paid “periodically, promptly and directly” to the person entitled to it (§ 42-9-220).
- Under an agreement, the first installment is due on the 14th day after the employer learns of the injury. After that, payments are made weekly on the same day each week, unless the Commission sets a different schedule (§ 42-9-230).
- The Commission may authorize monthly or quarterly payments instead, on either party’s request (§ 42-9-250).
- Payments may be made by check or electronically, including direct deposit or a debit card, under Commission rules (§ 42-9-450).
Ask your adjuster which payment method and pay day apply to your claim, and get the answer in writing if you can.
What If My Light-Duty Hours or Pay Change?
Your partial disability check depends on what you actually earn on light duty. If your hours are cut, the gap grows and the check should generally increase. If you get more hours or a raise, the gap shrinks and the check should decrease.
Report changes to the adjuster promptly and keep proof, such as pay stubs or schedules. Overpayments are handled under § 42-9-210. With Commission approval, payments that were not actually due may be deducted by shortening the payment period, not by reducing the weekly amount. Reporting early helps avoid disputes later.
What If My Check Is Late or Doesn’t Arrive?
South Carolina law takes late payment seriously:
- Late-payment penalty: If an installment is not paid within 14 days after it becomes due, 10% of that installment is generally added, unless the Commission excuses the delay because of circumstances beyond the employer’s control (§ 42-9-90).
- Stopping payments improperly: Temporary disability payments may be stopped only on the grounds and through the procedures in § 42-9-260. Failure to comply can result in a 25% penalty on the benefits withheld, payable to the employee.
Steps to Resolve a Delayed SC Workers Compensation Check Â
If a check is late:
- Contact the adjuster in writing, and ask when the payment was issued and by what method.
- Keep a record of the due date, the date the check arrived, and who you spoke to.
- If late payments continue or the checks stop, consider contacting the South Carolina Workers’ Compensation Commission or a South Carolina workers compensation attorney.
What Happens When I’m Fully Released or Reach Maximum Medical Improvement?
These are two different events. They may happen at the same time or at different times.
Full release means your doctor clears you to work without restrictions. Under § 42-9-260(B), temporary disability payments may be stopped early in a claim if you have returned to work, or if you are released without restriction and the employer offers comparable employment. If you return to work but do not stay for at least 15 days, payments must resume. If you go back to your pre-injury wages, there is usually no wage loss left to pay.
Maximum medical improvement (MMI) generally means your treating doctor believes your condition has stabilized and further treatment is not expected to improve it. You can reach MMI and still have permanent restrictions. Under § 42-9-260(D), once you are declared at MMI, the employer may request a hearing to address ending temporary payments. MMI is also commonly when any permanent impairment is evaluated for possible permanent disability benefits.
Can My Light-Duty Benefit Stop for Other Reasons?
Yes, beyond full release and MMI:
- Time limit: Partial disability compensation cannot extend beyond 340 weeks from the date of injury (§ 42-9-20).
- Refusing suitable work: If you refuse employment suitable to your capacity and approved by the Commission, compensation is not payable while the refusal continues (§ 42-9-190).
- Refusing treatment or an exam: Payments may be suspended in the early part of a claim if you refuse medical treatment or a required examination (§ 42-9-260(B)(6)).
- Other listed grounds: The employer may also stop payments early if its good-faith investigation finds grounds to deny the claim (§ 42-9-260(B)(3)).
After the first 150 days from when the injury was reported, stopping benefits generally requires an evidentiary hearing and Commission approval, unless you waive the hearing in writing or have returned to work (§ 42-9-260(F)).
What Should I Keep Track of While on Light Duty?
To protect your benefits and ensure you are paid correctly, keep track of these essential items:Â
- Pay stubs from before your injury and from each light-duty pay period.
- The hours you work each week.
- The date each workers’ comp check arrives, and the amount.
- Letters, emails, and notes from calls with the adjuster.
- The dates of medical visits and every updated restriction note.
What If I Disagree With My Weekly Check Amount?
If your benefit amount seems incorrect, take these steps:
- Request a breakdown: Ask the adjuster in writing how your payment was calculated.
- Request a hearing: If unresolved, file a hearing request with the South Carolina Workers’ Compensation Commission.
- Enforce your rights: If payments were stopped or reduced, S.C. Code § 42-9-260(C) requires a reinstatement hearing within 60 days of your request.
How Can a South Carolina Workers Compensation Lawyer Help?
A South Carolina workers’ compensation lawyer can:
- Confirm your payment amount and schedule.
- Press for late payments and any penalties that apply.
- Challenge improper suspensions.
- Plan for full release or MMI.
- Represent you before the Commission.
No lawyer can guarantee an outcome. If you have questions about responsibility beyond workers’ comp, see our FAQ on suing your employer after a work injury.
Schedule a Free Consultation with Shelle Leeke Law Firm
Dealing with a work injury is stressful enough without asking, “Will I still receive weekly checks?” every pay period.Â
Whether your adjuster is miscalculating your light-duty wage difference, missing payment deadlines, or attempting to terminate your benefits early, Shelle Leeke Law Firm is here to defend your rights and hold the insurance company accountable.
Call (843) 604-3273 now or fill out our online form to request a free consultation with Shelly Leeke Law Firm.
