No, you don’t have to use your sick time if you receive workers’ compensation benefits in South Carolina unless you miss less than seven days of work to recover. There are some reasons that people choose to use sick time, which our Greenville workers’ compensation lawyer talks about below.
Your wage replacement benefit under South Carolina workers’ compensation
All employees receive the same benefits for SC workers’ compensation:
- All causally related medical benefits, including physical therapy
- Temporary compensation benefits
- Reasonable accommodations for their injury or disability when they return to work
We’re focusing on item #2 today. In South Carolina, injured workers receive 66.67% of their average weekly wage while they are out on workers’ comp, although there is a cap that changes each year. The maximum wage replacement benefit for injuries after January 1, 2025, is $1,134.43. In 2024, the maximum wage replacement benefit was $1,093.67.
The wage replacement benefit is available on the 8th day of missed work. If you are out of work for more than 14 days, you may receive retroactive temporary compensation benefits for the first seven missed workdays and then continue to receive your weekly benefits.
Why do people use their sick pay when they’re getting workers’ comp?
Even if you make a lot more than $1,134 per week, your wage benefit is limited to that amount. This may not be enough for some people to cover their household expenses and other bills, especially if they’re the main breadwinner.
Fortunately, there are three options for making ends meet while you’re out of work with a workplace injury:
Option one: Use your built-up sick time
You may choose to use your sick time, annual leave, or paid time off, so you receive a full salary while you’re out of work. This may be the best choice for someone whose injury isn’t severe enough to warrant being out of work for more than a week or for someone who misses 8-13 days. They would receive wage benefits for days 8-13 but be ineligible for any benefits for days 1-7.
If you run out of sick pay and are eligible for the wage benefit, you can still receive it. However, you must inform your supervisor and workers’ compensation plan administrator when you complete your initial paperwork.
Option two: Don’t use any sick time
You may be a new employee—workers’ compensation benefits start the first day you begin working—and have no sick time accumulated. Or, your company may roll sick and vacation pay into one Paid Time Off (PTO) benefit, and you may have vacation plans and need that time off. Whatever your reasons, you can opt not to use your sick pay and simply receive your temporary compensation benefits..
Option three: Ask your employer about pro-rated sick time
You may receive partial sick pay, covering the gap between your temporary compensation benefits and regular weekly pay. Talk to your employer or HR about the logistics of receiving partial sick pay; you may have to make this choice when you sign up for your initial benefits.
Do I need a lawyer for workers’ compensation?
You don’t have to have a lawyer to file a claim for workers’ compensation benefits, but you may need one if you’re having trouble getting all the benefits you’re eligible for under the South Carolina Workers’ Compensation Act. If your employer denies your claim, drags their feet in completing their end of the paperwork, or won’t work with you on using your sick leave to supplement your temporary compensation benefits, it may be time to call the attorneys at Smith Jordan Law. You can reach us at (864) 343-2222.
