Q: Can workers comp pay (66 2/3) be based on the initial injury compensation?
I tore my meniscus last year and had surgery. I received workers compensation during my time out of work while I healed/rehab. I returned to work and was working full time for 9-10 months. I had complications and needed a second surgery this year to clean up some more torn meniscus. I am out again for healing/rehab and just got my first check. I received 2 substantial pay raises over the winter but my WC check reflects pay based on my last years income. I emailed the adjuster and she stated that the WC pay is based on my salary at time of injury and since this second surgery is still part of the initial injury, there will be no increase in WC benefits.
A: The adjuster is correct if this is still part of the original injury. There was not a second incident/accident that aggravated the knee???? If not, you are stuck with the same compensation rate.
A: Generally, workers' compensation benefits in South Carolina are based on the rate of pay at the time of the injury. The rate is not adjusted for later salary changes. If your future surgery is part of the original claim, the adjuster is correct - your rate is the same as it was when you first got hurt.
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