Q: Out on workers comp but I have been restricted to 4 hours a day. Does this count towards the 7 days in SC?
Ive missed 70 hours of work so far and the workers comp adjuster is saying I must miss 7 days of work before I can be paid.
A:
There is a 7 day waiting period before compensation is owed. It is 7 calendar days so even days you are not scheduled to work (such as weekends or holidays) count. This applies to both partial and total disability. Any day that you do not work a full day counts toward the 7 calendar days. No compensation is owed until the 8th day. However, if disability continues for at least 14 days, then compensation is owed all the way back to the first day. So, for example: Lose time up to 7 days - no compensation is owed; lose time for 9 days - 2 days of compensation is owed (9 minus 7 equals 2); lose time for at least 14 days - compensation is owed for all 14 days (and continuing).
Compensation is calculated at 2/3 (.6667) of your average weekly wage (gross - before taxes) for total disability. For example, if your average weekly wage is $300, your compensation rate would be $200 per week. For partial disability, compensation is calculated at 2/3 of the difference between your gross partial earnings and your average weekly wage. So, for example, if your average weekly wage is $300 and you earn $90 at restricted duty, you would be paid $140 compensation for that week ($300 minus $90 equals $210 loss of earnings, multiplied by .6667 equal $140.
Generally, you must be written out of work or placed on restrictions by the treating physician to be entitled to compensation, so it is important to keep your work status up to date.
I hope this helps.
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