Your shoulder injury claim just got lowballed by $200,000.
The insurance company told you your case is worth a percentage of your shoulder impairment. Maybe they mentioned your elbow and wrist too. They calculated some scheduled member benefits and presented a number.
You probably accepted it. Most injured workers do.
Here's what they didn't tell you. If your injuries prevent you from returning to your previous occupation, you might be entitled to partial wage loss benefits instead of scheduled member payments.
The financial difference is staggering.
The Math That Changes Everything
Consider an airplane builder earning $1,200 weekly who suffers shoulder, elbow, and wrist injuries. The insurance company offers scheduled member benefits based on impairment percentages to those body parts.
But this worker can no longer build airplanes. The new job he can perform pays $600 weekly.
South Carolina's partial wage loss formula is straightforward. Take your pre-accident wages, subtract your post-accident earning capacity, then multiply two-thirds of that difference by 340 weeks under South Carolina Code Section 42-9-20.
For our airplane builder: ($1,200 - $600) × 2/3 × 340 weeks = $136,000 in benefits.
The scheduled member approach might yield $30,000 to $50,000. The wage loss approach delivers $136,000.
That's the difference between financial survival and financial devastation.
Why Insurance Companies Steer You Wrong
Insurance companies understand this math perfectly. They also know most injured workers don't.
South Carolina law gives you a choice. When you have permanent disability affecting multiple body parts, you can collect benefits under the medical model (scheduled losses) or the economic model (earning capacity loss).
The economic model often produces significantly higher compensation because South Carolina defines disability as "incapacity because of injury to earn the wages which the employee was receiving at the time of injury."
Your disability isn't just medical. It's economic.
Insurance companies prefer you focus on body parts instead of paychecks. Body parts have percentage limits. Lost earning capacity can span decades.
The Vocational Expert Battle
Proving post-accident earning capacity becomes the battlefield. Sometimes it's straightforward when you return to a specific job with known wages.
Other times you need vocational experts. These professionals evaluate your impairments, work restrictions, age, education, and transferable skills to determine realistic earning capacity.
Getting the right vocational expert involved early is critical for success in wage loss cases.
But insurance companies have their own experts. These defense witnesses often function as advocates rather than neutral professionals.
The red flags are obvious once you know what to look for. Defense vocational experts frequently recommend intellectually demanding positions without testing basic abilities like reading, math, or spelling comprehension.
They suggest jobs that don't exist in your geographic area or require physical capabilities beyond your restrictions. Their reports read like wishful thinking rather than professional analysis.
Deposing these defense experts exposes their methodology flaws and advocacy bias. The credibility battle often determines case outcomes.
The Strategic Timing Element
Your return-to-work timing affects your claim value. The two-thirds formula applies to the difference between pre-accident and post-accident wages.
Accepting the first available position might establish an artificially high post-accident wage baseline. This reduces your calculated loss and your ultimate compensation.
The biggest mistake injured workers make is thinking they can handle these complexities alone. Workers' compensation law involves intricate statutory frameworks, expert witness battles, and strategic timing decisions.
Insurance companies employ teams of lawyers, claims adjusters, and vocational experts. They understand every calculation, every deadline, and every tactical advantage.
You're fighting this battle with incomplete information while recovering from injuries that changed your entire career trajectory.
What You Don't Know Costs You
Most injured workers don't know that partial wage loss benefits exist. They accept scheduled member calculations because that's what insurance companies present.
The knowledge gap isn't accidental. Insurance companies benefit when you focus on impairment percentages instead of earning capacity losses.
They benefit when you accept their vocational expert's optimistic employment projections without challenge.
They benefit when you return to work quickly without considering the long-term impact on your claim calculations.
Understanding South Carolina's partial wage loss framework levels the playing field. The 340-week benefit period multiplied by two-thirds of your wage differential creates substantial financial exposure for insurance companies.
That exposure explains their aggressive defense tactics. It also explains why experienced workers' compensation counsel becomes essential early in your case.
Your injury changed more than your physical capabilities. It changed your economic future.
The compensation you receive should reflect that economic reality, not just anatomical impairment percentages.
