Anderson workers' compensation attorneys are familiar with the fact that a single work-related injury to a "scheduled member" (ie., body part) is typically assigned a disability award based on a pre-determined amount.
South Carolina Code 42-9-30 spells out the various schedule of awards based on which body part was injured. So for example, the loss of a thumb entitles a worker to 66 percent and two-thirds average weekly wages for 65 weeks. Meanwhile, the loss of the fourth finger entitles a worker to 66 percent and two-thirds weekly wages for 20 weeks. The loss of an arm entitles a worker to 66 and two-thirds wage compensation for 220 weeks. The list goes on.
However, if a worker sustains injury to more than one body part, this schedule is not to be used. The reasoning South Carolina courts have found (specifically in the 2003 ruling in Wigfall v. Tideland Utilities Inc.) is that when a worker can show additional injuries beyond a lone scheduled injury, it is a common-sense fact that the combined disabling effect may be far greater than the arithmetical total of scheduled allowances. For these workers, the courts have held, compensation needs to be based on total loss of earnings capacity, as spelled out in South Carolina Code 42-9-20.