Do All Workers’ Compensation Cases End in a Settlement?

A settlement may be the fastest, easiest way to get money after a workplace injury, but not all workers’ compensation cases end in a settlement. Instead, you may have to file an appeal or even go to court to get the money that is rightfully yours.

Our firm can help you fight for a fair settlement and represent you at trial if necessary.

Getting Workers’ Compensation after a Workplace Injury

Per the Social Security Administration (SSA), workers’ compensation in South Carolina will cover two-thirds of an individual’s salary up to a given number of weeks. The length of time you can receive this compensation depends on how badly you were injured. You may also qualify to receive free medical care.

Our firm can help you start the application process by:

• Gathering evidence: Speaking to witnesses or getting a statement from a doctor can provide the proof necessary to get money from the insurance company.
• Filing forms: Even a minor mistake on a single form can be costly. We are happy to fill out all the paperwork so that your case is not rejected on technical grounds.
• Explaining how the process works: We make sure that our clients are well-informed about their rights in their specific case and in general.

Filing an Appeal after an Adverse Decision

Unfortunately, getting the compensation you and your family need is not always straightforward. If your claim is—or already has been—rejected, we can help by:

• Filing an appeal: Per the South Carolina Workers’ Compensation Commission (WCC), there are several steps in the appeals process, including mediation and hearings with a commissioner.
• Representing you at meetings: We can attend the appeal hearing(s) and present our arguments on your behalf.
  Negotiating: If the insurance company offers less than what you need, we can argue for more.

Filing a Lawsuit

In some cases, you may be able to sue a responsible third party for your injury and receive compensation in that way. Liable parties may include:

• A contractor you work with
• A fellow employee
• The property owner
• A random third party, such as a driver

If you decide to sue, we can:

• Determine the monetary value of your case: We can examine evidence and figure out how much money you may be entitled to collect.
• Communicate with the liable party: We can field all communications from the other side and act as a middleman to deliver messages between the two of you when necessary.
• Pursue appropriate compensation: This may involve negotiating for a settlement or presenting arguments in the courtroom.

While everyone’s case is different, we have helped our past clients recover hundreds of thousands of dollars. Let us make this difficult time easier by assuming responsibility for all aspects of your injury case.

How to Qualify for Workers’ Compensation in South Carolina

Workplace injuries can happen for any number of reasons and have wide-ranging, devastating effects on your health and ability to earn a living. You may be eligible for workers’ compensation benefits on the basis of:

Bodily Injury

Your injury itself, as well as its short- and long-term physical and emotional effects, could qualify you for compensation for:

• Temporary disability: The injury has temporarily affected your ability to use an arm, a leg, or any other body part.
• Permanent disability: This includes physical disabilities (e.g., paraplegia) or mental disabilities (e.g., brain damage).
• Disfigurement: You suffered significant scarring to your head, neck, or another exposed area.

Financial Loss

If the injury needed medical attention or makes it harder for you to support your family, you could receive compensation for:

• Lost wages: This refers to any money you could not earn while your injuries were healing. Workers’ compensation covers two-thirds of your regular weekly salary.
• Loss of earning capacity: You are permanently disabled and can no longer earn a living as easily as you did before the accident.
• Loss of employment: You are permanently disabled and can no longer work in your chosen profession at all.
• Medical bills: Workers’ compensation can cover any and all treatment you needed to recover, including surgery, assistive devices, and physical therapy.

Wrongful Death

If you lost a loved one in a workplace accident, you could recover workers’ compensation benefits for that loss. Our office can explain how death benefits work and help you pursue what you need.

How do I prove my need for Workers’ Compensation?

It is our job to collect and organize evidence to build the strongest possible case. Depending on the circumstances of your accident, this evidence may include:

Surveillance footage

• Witness statements
• Expert testimony
• Personal photos or video
• Inspection reports

Call Our Attorneys now to Get Started

Hammack Law Firm believes in providing each and every client with attentive, compassionate representation. We want to help you fight for a settlement in your workers’ compensation case. To get started, just call us, and one of our team members will evaluate your case at no cost or obligation.