How Do You Negotiate a Workers’ Compensation Settlement?

April 23, 2024 – Paul Hammack

When the time comes to negotiate a workers’ compensation settlement after your on-the-job injury, you must evaluate your needs and expenses and understand the value of your case.

When you first qualify for workers’ compensation benefits, you receive them regularly in the form of a check or deposit for your wage replacement benefits. These benefits also cover your medical care. At some point, however, the insurer may try to get you to agree to a settlement.

If the insurance company offers you a settlement, you are under no obligation to accept it. However, there are some situations when injured workers benefit from lump-sum payouts. If you’re considering a settlement, discuss your case with a workers’ compensation attorney from our firm. We can help you negotiate a settlement that compensates you fairly.

You Do Not Have to Agree to Settle Your Workers’ Compensation Case

You do not have to negotiate a workers’ compensation settlement if you do not want to, but many people find this advantageous. An attorney from our firm can review your circumstances and help you understand:

  • The types of settlements available
  • The value of your case
  • The benefits of a lump-sum settlement
  • The benefits of continuing to draw workers’ compensation benefits
  • What may be best for you and your family

Based on what you learn, we may be able to renegotiate the settlement to make it fit your needs. However, whether you want to accept the settlement offer at all is a crucial decision our team can help you make. You will need to understand your current medical situation, your prognosis, and your future care needs before you agree to pay for your care on your own.

Consider All Factors Before You Agree to a Settlement

Once you sign an agreement, there is no going back. You need to be sure that the settlement compensates you for your injuries, expenses, and losses before you agree. The factors to consider and discuss with your attorney include:

Medical Care Expenses

Since your workers’ compensation benefits cover your medical care costs, it is imperative that you either:

  • Know your treatment is over; or
  • Understand your future care needs and their cost

Depending on the type of settlement you accept, the insurance company may stop paying for your medical care or only pay for your related care for a limited time following the settlement.

Permanent Disabilities

It is important that you receive compensation for your lost income. Without a settlement, this might consist of full or partial disability payments for your injuries. You would receive these payments regularly for as long as the benefit is covered based on the workers’ compensation policy.

When it comes time to negotiate a settlement, you will need to ensure these benefits are included.

Any Additional Benefits

If you may need vocational training or other covered benefits that would be a part of your workers’ compensation, the cost of these benefits should be included in your settlement.

We Can Help You Avoid Underestimating Your Claim

Let our team help you navigate the process of negotiating a workers’ compensation claim, especially if you suffered significant injuries. The insurer could owe you much more than you realize. Our firm can represent you, negotiate for you, and support you throughout this stressful time.

We understand that the insurance company may not want to compensate you fairly. This is why we are prepared to go to bat for you and fight for the payout you deserve based on your actual needs. We can handle the negotiations on your behalf, representing your best interests to your employer, the insurance company, and the South Carolina Workers’ Compensation Commission (SCWCC).

Let our firm provide the answers you need and offer support during this stressful and frustrating time. Our services could make the entire process easier for you.

Connect with Our Team to Learn How We Can Help

Under South Carolina Code § 42-1, many companies in the state must provide workers’ compensation insurance for their employees. This insurance pays out when employees get hurt on the job or become sick because of their work. It covers the workers’ medical expenses and pays a part of their lost income, as well as other benefits.

If you were hurt at work and need support and legal representation, the team from

Hammack Law Firm is here for you. We provide the type of caring and compassionate services we would want our family to receive if they needed help with their workers’ compensation claim. We can help you fight a denial or negotiate a settlement.

Call (864) 326-3333(864) 326-3333 now for a complimentary consultation. You will pay no fees until you receive your settlement.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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