Future Earnings No Longer a Factor after South Carolina Workers' Comp Reform

Workers of different ages, jobs and backgrounds can suffer from the effects of injuries in extremely different ways, right?

However, South Carolina’s governor Mark Sanford doesn’t see any difference in say, how an 18-year old, with a lifetime of future earnings ahead of him suffers as compared to a 65-year-old nearing the end of his career. He recently signed an order that will apply the same standards across the board when awarding workers' compensation disability payments. He also decreed future earnings should not be a factor when awarding payments.

This represents workers' compensation reform at its worst.

The S.C. order is is particularly distressing because injuries can affect people’s lives in completely different ways. What may be a physical annoyance in one case, completely takes away the livelihood of someone in another.

South Carolina Senate Minority Leader John Land, D-Manning, a workers' compensation attorney makes this point: "For a surgeon who loses a finger, that's a complete disability. For a lawyer who loses a finger, so what?" 

As a result of this action, businesses will see bigger profits that help their bottom line, but it’s the workers who will be short-changed in South Carolina.

Critics of the order believe Sanford doesn’t have the legal authority to issue such an order. This will be one to watch.