Except as otherwise provided in Section 42-9-30, when the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during such disability a weekly compensation equal to sixty-six and two-thirds percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than the average weekly wage in this State for the preceding fiscal year. In no case shall the period covered by such compensation be greater than three hundred forty weeks from the date of injury. In case the partial disability begins after a period of total disability, the latter period shall not be deducted from a maximum period allowed in this section for partial disability.
HISTORY: 1962 Code Section 72-152; 1952 Code Section 72-152; 1942 Code Section 7035-33; 1936 (39) 1231; 1937 (40) 613; 1953 (48) 103; 1966 (54) 2753; 1972 (57) 2339; 1974 (58) 2265; 1976 Act No. 532 Section 4; 1977 Act No. 70.
Structure South Carolina Code of Laws
Title 42 - Workers' Compensation
Chapter 9 - Compensation And Payment
Section 42-9-5. Basis for award.
Section 42-9-10. Amount of compensation for total disability; what constitutes total disability.
Section 42-9-20. Amount of compensation for partial disability.
Section 42-9-30. Schedule of period of disability and compensation.
Section 42-9-35. Evidence of preexisting injury or condition.
Section 42-9-40. Compensation for hernia.
Section 42-9-90. Increase in compensation which is not paid when due.
Section 42-9-110. Persons conclusively presumed to be wholly dependent.
Section 42-9-120. Determination and requirements of other cases of dependency.
Section 42-9-130. Division of death benefit when there is more than one dependent.
Section 42-9-140. Payment when deceased employee leaves no dependents or partial dependents.
Section 42-9-190. No compensation to injured employee refusing suitable employment.
Section 42-9-200. Dates on which compensation commences.
Section 42-9-210. Deduction from compensation of payments made by employer when not due and payable.
Section 42-9-220. Manner in which compensation paid.
Section 42-9-230. Date on which compensation payable under agreement becomes due.
Section 42-9-240. Date on which compensation payable under award becomes due.
Section 42-9-250. Payment of compensation monthly or quarterly authorized.
Section 42-9-270. Notice of final payment; penalty for failure to give notice.
Section 42-9-280. Payment of unpaid balance of compensation when employee dies.
Section 42-9-290. Amount of compensation for death of employee due to accident.
Section 42-9-301. Lump-sum payments.
Section 42-9-310. Trustees may administer lump-sum settlements.
Section 42-9-330. Exercise of rights for incompetent or infant employees.
Section 42-9-340. Effect of payment in good faith to junior dependents.
Section 42-9-360. Assignments of compensation; exemptions from claims of creditors and taxes.
Section 42-9-370. Preferences or priorities of rights of compensation.
Section 42-9-390. Voluntary settlements.
Section 42-9-430. Workers' compensation benefits.
Section 42-9-450. Employer's representatives to pay by check or electronic payment systems.