Permanent Disability Workers’ Compensation Claims in Spartanburg

Legally Reviewed by Sam Bass: July 09, 2026

A permanent disability from a workplace injury is a life-changing development that extends far beyond the weeks or months of recovery from the initial accident. You are facing the reality that your body will never fully return to its pre-injury state, and that lasting condition will affect your ability to work, your daily activities, and your quality of life for years or decades to come. South Carolina workers’ compensation recognizes the severity of permanent disability and provides comprehensive benefits to support you, but getting those full benefits requires persistent legal advocacy. At Stewart Law Offices, we are committed to making sure injured workers in Spartanburg, South Carolina understand their rights and receive everything the law allows. 

Our team includes Sam Bass, a licensed member of the South Carolina Bar with more than 16 years of experience representing injured workers throughout Spartanburg County. Sam handles permanent disability workers’ compensation claims with meticulous care and real commitment, treating every client as someone whose future genuinely matters. 

If you are facing permanent disability from a workplace injury in Spartanburg, a workers’ compensation lawyer from our firm will fight to ensure you receive all permanent disability benefits you are entitled to under South Carolina law.

Understanding Permanent Disability in South Carolina Workers’ Compensation

Permanent disability in South Carolina workers’ compensation means your injury has resulted in a lasting impairment that will not materially improve even with further medical treatment. This is a formal medical determination made when a physician declares that you have reached Maximum Medical Improvement (MMI).

South Carolina law divides permanent disability into two main categories:

Permanent Partial Disability (PPD)

This applies when your injury causes lasting damage to a specific body part, but you still retain some ability to work. Compensation is based on a statutory schedule that assigns a maximum number of weeks to each body part, S.C. Code § 42-9-30. Your physician’s impairment rating determines what percentage of those weeks you receive.

Permanent Total Disability (PTD)

This applies when your injury is so severe that you are unable to earn wages in any type of employment. You may qualify for permanent total disability benefits in two primary ways:

• If you have a back injury rated at 50% or greater loss of use, or
• If the combined effect of your injuries to multiple body parts renders you unemployable.

Permanent total disability benefits are paid at two-thirds (66⅔%) of your average weekly wage, subject to the state maximum. For injuries occurring on or after January 1, 2026, the maximum weekly rate is $1,189.94 SC Workers’ Compensation Commission Compensation Rates. These benefits can continue for up to 500 weeks, and in cases of catastrophic injuries (such as paraplegia, quadriplegia, or severe traumatic brain injury), benefits may be paid for life under S.C. Code § 42-9-10.

Lifetime Benefits for Catastrophic Injuries in South Carolina Workers’ Compensation

The most severe permanent disability outcomes in South Carolina workers’ compensation involve catastrophic injuries that qualify for lifetime benefits. These cases typically include paraplegia, quadriplegia, and permanent traumatic brain injury.

• Paraplegia refers to the loss of function in the legs and lower body.
• Quadriplegia means the loss of function in all four limbs.

Under South Carolina law, when a worker suffers a compensable injury that results in total and permanent disability and they are determined to be a paraplegic, quadriplegic, or have suffered physical brain damage, they are not limited to the standard 500-week cap on benefits. Instead, they receive weekly compensation equal to two-thirds of their average pre-injury wages for the rest of their life, along with lifetime medical benefits related to the injury.

The catastrophic nature of these injuries justifies the extension of benefits beyond the normal limitations, ensuring that workers who suffer these profound losses receive ongoing financial and medical support.

The Importance of Impairment Ratings in South Carolina Workers’ Compensation Claims

The impairment rating assigned by a physician is one of the most critical factors in any permanent disability workers’ compensation claim in Spartanburg, South Carolina. This rating directly affects the amount of compensation you receive, making it essential to ensure the rating is accurate and fair.

A physician performs an impairment evaluation to measure the permanent loss of motion, strength, and function in the injured body part. The rating is expressed as a percentage (typically ranging from 1% to 100%). This percentage is then applied to the statutory number of weeks assigned to that body part under South Carolina law to calculate your permanent partial disability benefits.

Insurance carriers frequently send injured workers to Independent Medical Examinations (IMEs) with physicians chosen by the insurer. These IME physicians often assign lower impairment ratings to minimize the carrier’s payout. An experienced workers’ compensation attorney can review these ratings for inconsistencies, request a second opinion, or challenge the rating before the South Carolina Workers’ Compensation Commission.

A Functional Capacity Evaluation (FCE) performed by a qualified specialist can provide objective documentation of your physical limitations and work restrictions. Medical records showing permanent work restrictions from your treating physician also strengthen the case for a higher impairment rating.

How Permanent Disability Benefits Are Calculated in South Carolina

Once you reach maximum medical improvement (MMI) and receive a permanent impairment rating, South Carolina law uses a specific process to calculate your permanent disability benefits.

Step 1: Determine Your Average Weekly Wage (AWW)

Your average weekly wage is generally calculated using your earnings from the four quarters (52 weeks) prior to your injury. Earnings from multiple jobs may be combined. This figure forms the basis for your weekly compensation rate under S.C. Code § 42-1-40.

Step 2: Apply the Impairment Rating to the Statutory Schedule

South Carolina uses a scheduled system for permanent partial disability. Each body part has a maximum number of weeks assigned by law (§ 42‑9‑30). Your impairment rating percentage is multiplied by the maximum weeks for that body part. For example, if your hand is rated at 40% impairment and the hand is scheduled for 185 weeks, you would be entitled to 74 weeks of benefits at your compensation rate, subject to the state maximum.

Step 3: Account for Temporary Disability Benefits Already Paid

Any weeks you received temporary total disability (TTD) or temporary partial disability (TPD) benefits are typically deducted from your permanent disability entitlement.

Step 4: Form of Payment

Permanent partial disability benefits can be paid as weekly installments or negotiated as a lump-sum settlement with the insurance carrier. Each option has different financial and tax implications.

Working with an experienced South Carolina workers’ compensation attorney ensures that your average weekly wage is calculated correctly, your impairment rating is fairly assessed, and any settlement offer fully reflects the value of your permanent disability claim.

Choosing Between Lump Sum Settlement and Lifetime Medical Benefits in South Carolina Workers’ Compensation

When you reach maximum medical improvement (MMI) with a permanent disability, you face an important decision about how to structure your benefits. This choice should be made carefully with an experienced attorney, because once a settlement is approved by the Commission, it is generally final.

Lump Sum Settlement

A lump sum settlement involves accepting a single payment in exchange for closing out your claim. Once approved, the insurer typically has no further obligation for weekly wage benefits or future medical care. The advantage is receiving money immediately to use as you choose. The disadvantage is that you assume the risk of future medical complications or additional expenses.

Keeping Medical Benefits Open

It is possible to settle the indemnity (weekly wage) portion of your claim while keeping medical benefits open for future medical treatment related to the work injury. This allows you to receive a lump sum for lost wages while preserving coverage for ongoing medical care. However, full and final settlements often close both indemnity and medical benefits.

Permanent Total Disability Cases

For workers determined to be permanently and totally disabled, South Carolina law generally prohibits a full lump sum settlement in cases involving lifetime benefits. Specifically, no total lump sum payment may be ordered where the injured person is entitled to lifetime benefits.

Our attorneys help injured workers evaluate whether a lump sum settlement, a structured settlement with medicals open, or maintaining weekly benefits best serves their long-term needs.

Challenging Low Impairment Ratings in South Carolina Workers’ Compensation

Insurance carriers routinely attempt to minimize permanent disability claims in Spartanburg and across South Carolina by pressuring authorized physicians to assign low impairment ratings, disputing eligibility for permanent total disability, or denying that a permanent impairment exists at all.

Challenging a low impairment rating typically begins with obtaining complete medical records from all treating providers. Documentation of pain levels, functional limitations, work restrictions, and prognosis is essential. A Functional Capacity Evaluation (FCE) performed by a qualified occupational medicine specialist can provide objective evidence of your physical abilities and limitations.

You also have the right to request an Independent Medical Examination (IME) through the South Carolina Workers’ Compensation Commission when there is a dispute regarding your medical condition or impairment rating. This can provide a second medical opinion that is independent of the insurance carrier’s influence.

If the insurer denies your permanent disability claim or offers an unreasonably low settlement, you have the right to file Form 50 (Request for Hearing) with the Commission. At the hearing, your attorney can present medical evidence, expert testimony (including vocational experts), and legal arguments to establish your entitlement to the full permanent partial or permanent total disability benefits available under South Carolina law.

Visit Our Workers’ Compensation Attorneys in Spartanburg, SC

How A Spartanburg Lawyer Helps With Permanent Disability Workers’ Compensation Claims In Spartanburg

A permanent disability from a workplace injury affects not just your immediate recovery but your entire future earning capacity, your independence, and your family’s financial security. The permanent disability workers’ compensation benefits available to you in Spartanburg, South Carolina, were designed to provide the resources you need to rebuild that future. But those benefits do not come automatically, and insurance companies have every financial incentive to minimize what they pay. 

Stewart Law Offices works relentlessly to make sure injured workers receive every dollar and every benefit they are entitled to. We understand how much is at stake when your disability is permanent, and we bring that understanding to every case we handle. If you are facing permanent disability from a workplace injury in Spartanburg or surrounding Spartanburg County, contact us online to discuss about your case with our trusted Spartanburg workers’ comp attorneys.

We handle permanent disability workers’ compensation claims on a contingency fee basis, so there is no cost to you unless we secure benefits or compensation you can recover.

FAQs About Permanent Disability Workers’ Compensation Claims In Spartanburg