If you are injured on the job in South Carolina, it can be difficult to know exactly what to do. Workers’ compensation provides employees compensation for an injury on the job. Having an expert by your side is helpful when you are going through this trial in your life.
SC workers comp settlement amounts can vary significantly based on a range of factors. We’ll explore what some of those factors are and guide you on the next steps for receiving the highest settlement possible.
In general, the average workers comp settlement nationally is about $20,000 but the actual amount of compensation can range anywhere from $2,000 to $40,000 or more depending on the injury. In some cases, the payout can be significantly higher than $40,000 for more serious injuries. There is no way to guess how much a potential case will be worth. It is important to have The The Louthian Firm Accident & Injury Lawyers review the details of your cases to determine what your case could be worth.
Speaking with a workers compensation attorney at The The Louthian Firm Accident & Injury Lawyers can help you determine South Carolina workers’ compensation settlements others have received based on similar injuries and the potential amount you may be eligible to receive.
Workers Compensation Settlements in South Carolina
Workers compensation is insurance that provides medical as well as salary replacement benefits for workers who are injured on the job. In the state of South Carolina, the workers’ compensation system does not incorporate fault.
This means that workers are not required to prove their employer’s negligence to receive workers compensation benefits. This benefits workers as it can be easier for them to receive workers’ compensation coverage in this state compared to others.
When you work with an experienced attorney for South Carolina workers’ compensation settlements, you are much more likely to receive the highest possible compensation in the shortest amount of time.
How Workers Compensation Benefits and Settlements Are Calculated
Workers compensation settlement amounts can vary significantly because there is so much potential difference from one case to another. The nature of the injury or injuries, the severity of how debilitating they are, the circumstances around the injuries, and many other factors can end up influencing what your final workers compensation settlement ends up being. The South Carolina Workers Compensation Commission oversees each case to ensure fair compensation.
Get an SC Workers Compensation Lawyer on Your Side
If you’ve been injured on the job in South Carolina, it’s essential to speak to a workers compensation lawyer as soon as possible. There are a number of preparatory steps you’ll need to take to adequately document your injuries as well as a process that should be followed regarding filing your claim.
Your attorney will guide you through the process and answer any questions you may have, as well as help you get an idea of the settlement range that you may be eligible for. Often, insurance companies make it difficult for employees to collect their South Carolina workers compensation settlements.
Your attorney will also fight for you to get your settlement as quickly as possible with your preferred terms, which is important if you have upcoming medical bills or other injury-related costs.
What Is the Process To Receive Workers Compensation in South Carolina?
The steps to receiving workers compensation in South Carolina include the following:
- Reporting the Injury – The injury must be reported to the employer as soon as possible in order to establish records.
- Filing a Claim – With the help of an attorney, the injured person can file a claim with the South Carolina Workers Compensation Commission to ensure the fastest filing time and the highest potential payout.
- Medical Evaluation – A medical evaluation is performed; the employee will be evaluated for the nature and severity of their injuries so that an official record of the injuries is established.
- Negotiation – This is the phase where a workers compensation attorney in South Carolina can assist the injured person with receiving a settlement – the negotiations occur between the employer’s insurance company and the attorney.
- Approval – The South Carolina Workers Compensation Commission must approve the final settlement amount.
Having a lawyer attend to all these steps makes it easier for employees to collect South Carolina workers’ compensation settlements.
Form 16A Settlement
A Form 16A settlement agreement results in compensation without the case being fully closed. It also allows for future compensation for medical care, as long as the medical treatment has been recommended by your doctor. If your condition changes within a year, you will also have the option to reopen your claim.
Final Clincher Agreement
A clincher agreement in South Carolina is a type of settlement in which the injured employee receives a lump sum payment for the case to be closed. With this agreement, workers typically cannot seek additional compensation after receiving their South Carolina workers compensation settlements.
Modified Indemnity-Only Clincher Agreement
A modified indemnity-only clincher agreement is similar to a final clincher agreement but it would only result in a lump sum payment for disability and lost wages. The employee would retain the right to seek additional compensation for medical benefits in the future. This can be a good option when long-term medical care is anticipated, and an attorney can assist with deciding on whether or not this might be a better settlement choice.
Pros and Cons of a Lump Sum Settlement
There are many reasons why an injured worker may want to consider a lump sum settlement.
Some of the pros include:
- Immediate access to a larger amount of money
- The closure of the case
- The flexibility to be able to negotiate the settlement amount
Some of the disadvantages may include:
- The potential waiving of rights to future claims
- Potential tax implications
- Potential incorrect estimation of future needs
Our attorneys are here to help determine which South Carolina workers compensation settlements are right for you.
Injured On the Job in South Carolina? Speak To a Workers Compensation Attorney Today
Because of the many potential complexities of a workers compensation case in South Carolina, it’s usually best to seek legal counsel. Regardless of what type of injury you may have or your situation, the lawyers at The The Louthian Firm Accident & Injury Lawyers can help ensure a suitable settlement amount and outcome. Contact us today if you or someone you know has been injured while on the job in South Carolina.
