How Is a Workers’ Compensation Settlement Determined?

A workers’ compensation settlement is determined by whatever agreement you and your employer’s insurance carrier come up with during mediation or negotiation. The exact amount you get depends on the nature of your agreement and the severity of your injuries.

If you retain our firm, a workers’ compensation lawyer at Hammack Law Firm will represent you during the settlement negotiation process.

The Purpose of Workers’ Compensation

Many employers are required to carry workers’ compensation, according to South Carolina Code § 42-1. This way, if a worker becomes injured on the job, they may be able to recover compensation for their medical bills and a portion of their income via their employer’s workers’ compensation insurance policy. Workers’ compensation is typically awarded regardless of fault for the accident, with a few exceptions.

This sounds good in theory, but there are often complications. Your employer or their insurance carrier may decide your injury does not qualify for workers’ compensation and deny your claim. Or your doctor may decide you were not hurt or you are fit for work before you actually are. If you run into trouble with your workers’ compensation claim, call us at Hammack Law Firm or contact workers comp attorney in Anderson SC. You may be able to appeal to the South Carolina Workers’ Compensation Commission.

Appealing, Negotiating, and Settling Your Claim

By appealing your case, you are asking a workers’ compensation commissioner to hold a hearing and render a decision. However, the process is a bit more complex than it sounds. It may go something like this:

Mediation

The first step in the process may be mediation. Mediation, according to the South Carolina Workers’ Compensation Commission, involves you, the party you disagree with (either your employer or their insurance carrier), and a trained mediator sitting down together and trying to come to an agreement.

Hearing with a Commissioner

If mediation fails, you may get a hearing before a workers’ compensation commissioner. A hearing gives you a chance to present your side of the story. This may include submitting statements written by you and your doctor, as well as medical evidence to prove that your injury has not yet healed.

Commission Review

If the commissioner rules against you, you can appeal the decision to a group of commissioners in a Commission Review. This panel of commissioners may consider the matter and make a new decision.

Circuit Court

It is rare for claimants to appeal their cases all the way to the Circuit Court or, should lower courts fail them, the South Carolina Supreme Court. However, this may be an option if you disagree with the decision made by the Commission Review.

Getting Help with Your Claim

Trying to handle a workers’ compensation claim on top of recovering from your injuries can be a challenge for anyone. Legal representation may provide you with support with your case and time to recover.

A workers’ compensation lawyer’s duties may include:

• Assessing your case: a lawyer can evaluate the details of your employer’s workers’ compensation insurance policy, your accident, and your injuries to build your case.
• Filing paperwork: a lawyer can both fill out forms on your behalf and submit evidence to the appropriate parties.
• Negotiating: just because an insurance company wants to settle does not mean they want to offer a fair amount. A lawyer can evaluate any settlement offers or attempt to negotiate for a fair settlement on your behalf.
• Representing you for the duration of your case: a lawyer may be able to represent you through all phases of the settlement process.
• Supporting you: legal matters may be complex and stressful. Having a lawyer to answer your questions and assuage your concerns can take a big load off your mind.

If you are reluctant to spend money on a lawyer when you are already having trouble making ends meet, do not worry. you do not have to pay us for our work unless and until you have won your case and received your compensation. This is referred to as working on a contingency-fee-basis.

Call Hammack Law Firm Today

Hammack Law Firm helps injured workers file workers’ compensation claims and negotiate for settlements. We service clients in and around Greenville, Spartanburg, and Anderson. We also offer representation in Pickens and Seneca.

We understand that a workers’ compensation settlement may be determined by many factors and are happy to guide you through this process if you qualify. Hammack Law Firm offers representation on a contingency-fee-basis.

For a free consultation on your case with a member of our team, call Hammack Law Firm today at (864) 326-3333(864) 326-3333.