What to Know About South Carolina and Short-Term Disability
Please Note: The Peace Law Firm is licensed to practice only in North Carolina and South Carolina.
If you suffer from an injury or illness that keeps you from working for a while, you may be eligible for short-term disability in South Carolina.
Short- and long-term disability benefits work similarly to workers’ compensation benefits, but the two are not identical.
On the one hand, workers’ compensation covers injuries and illnesses that arise from or during work. On the other hand, short- and long-term disability benefits cover you for injuries or illnesses that do not arise from work.
However, as they do with workers’ compensation benefits, employers often provide short-term disability benefits.
Also similar to workers’ compensation benefits, short-term disability benefits come through specific insurance plans. Unlike workers’ compensation insurance, which almost every state mandates, only a few states require employers to provide short-term disability benefits to all employees. South Carolina is not one of those states.Â
This blog post will discuss how employees can get temporary disability in SC. We’ll walk through the steps involved in applying for South Carolina short-term disability benefits and explain how to get help if your claim is denied.
Key Takeaways From The Article:
- No State Mandate: Unlike some states, South Carolina does not legally require employers to provide short-term disability coverage to their employees.
- Employer-Provided Coverage: Many employers in South Carolina voluntarily offer short-term disability benefits. Employees should start by inquiring about their coverage directly with their employer or the HR department.
- Filing a Claim: If covered, employees can file a short-term disability claim through their employer's insurance provider. It's essential to notify the employer about the injury or illness as soon as possible to avoid complications.
- Social Security Administration (SSA) Option: For those without employer-provided coverage, applying for short-term disability benefits through the SSA is an alternative. This process can be done in conjunction with or separately from any employer-provided benefits, though it may affect the benefits received from the employer.
- Legal Assistance: The article emphasizes that short-term disability claims can be wrongfully denied or reduced. Legal assistance, such as that offered by the Peace Law Firm, can help individuals navigate the claims process and fight for the benefits they deserve.
Short-Term Disability Coverage in South Carolina
Although South Carolina does not legally require employers to provide short-term disability coverage, many employers still provide it.
However, you need to opt-in to your employer’s group coverage to receive these benefits. Employees included in their employer’s short-term disability plan should be able to see the cost of insurance premiums taken regularly from their paychecks. This could happen on a weekly, monthly, or annual basis.
Even if your employer doesn’t provide short-term disability benefits, you can still purchase them yourself from a provider.
However you receive it, it’s important to read your policy closely to understand what’s included—and limited—in your coverage. To qualify for short-term disability benefits, employees generally must be unable to work because of an injury or illness unrelated to their job responsibilities. Some conditions commonly covered by short-term disability insurance include:
- Repetitive stress injuries,
- Chronic pain conditions,
- Digestive disorders,
- Asthma or other respiratory conditions,
- Epilepsy,
- Cancer,
- Pneumonia,
- Heart attack,Â
- Strokes,
- Appendicitis,
- Kidney stones,
- Accident-related injuries to the muscles or spine,
- Broken bones,
- Concussions,
- Burns, and
- Pregnancy and related maternal conditions.
Typically, qualifying conditions must be severe enough to require a doctor’s care. For example, new mothers who need time away from work after giving birth can qualify for short-term disability benefits. However, fathers who want paternity leave to provide support to a pregnant partner would not be eligible for benefits since their own health is unaffected.
How to Apply for Short-Term Disability in SC
If you cannot work due to an injury or illness and want to apply for SC short-term disability benefits, you can do so by filing a claim:
- With your employer’s help, or
- Directly through your short-term disability insurance provider.
Either way, your claim will go to the same place: your employer’s insurer. However, if your employer is not yet aware of your injury or disability, you should notify them as soon as possible to avoid any unexpected problems. After all, your employer should always be aware of your situation when you are unable to work. Your employer’s HR department is a good resource for inquiring about their short-term disability coverage details. A conversation with them before filing a claim can be very helpful.
When you apply for short-term disability, you’ll be asked to provide documentation about your medical condition and how it’s impacted your ability to work. Employees filing for short-term disability are often asked for details about:
- The duties normally involved in your occupation,
- What caused the injury or illness,
- When you first started experiencing symptoms,
- Your last date of work,
- When you expect to return to work,
- The treatment you’ve received for the condition, and
- The contact information of doctors you’ve seen.
Short-term disability claims often also require a doctor’s statement verifying your temporary disability and the care you need.
What Is Included in South Carolina Short-Term Disability?
Short-term disability benefits aim to provide a percentage of your regular income during a temporary period when you can’t work. Employees usually receive around 60 to 70% of their regular pay, often on a weekly basis. However, the amount that you receive in benefits can vary depending on the policy and the severity of your condition. Payments also normally don’t extend beyond six months.
Unlike workers’ compensation, short-term disability benefits can go towards whatever expenses you wish. Injured employees often use temporary disability payments to pay for:
- Medical bills,
- Health insurance premiums,
- Rent or mortgage payments,
- Home utilities,
- Car payments,
- Childcare, andÂ
- Groceries.
However, if your short-term disability claim is approved, you likely won’t be able to access benefits immediately. While you’re waiting to receive your first payment, you may need to use your employer-provided sick leave or vacation days to cover your absence.
Do You Need Help with South Carolina Short-Term Disability?
There are no two ways about it—if you are unable to work for a period of time due to an injury or illness and your employer has short-term disability insurance, you deserve short-term disability benefits. Unfortunately, however, short-term disability claims are wrongfully denied or reduced all the time. This happens for any number of reasons.
Trying to negotiate with an insurance company is a daunting prospect that may leave you feeling like you want to give up—but don’t. John Peace of Peace Law Firm is here to help you fight for the disability benefits you deserve.
One of our firm’s primary focuses is group benefits like employer disability benefits, so we know the process’s ins and outs from start to finish. Contact us for a free consultation, so we can take care of the heavy lifting and you can focus on what’s most important—healing.
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