What is the Average Settlement for a Workers’ Compensation Claim?

April 22, 2024 – Paul Hammack

South Carolina Personal Injury Lawyers | Hammack Law Firm | Call 864-326-3333

Because workers’ compensation is based on an individual’s average weekly wages and medical expenses, there is no average settlement for a workers’ compensation claim. However, our law firm can review your case and calculate how much compensation you may be entitled to receive.

Our team helps people in South Carolina fight for workers’ compensation, and we offer free case reviews for those interested in pursuing litigation. Should you qualify to file a personal injury claim or lawsuit, we can have one of our lawyers help you build your case to seek compensation in that route.

Workers’ Compensation is Based on Your Salary and Medical Expenses

While we cannot say how much your workers’ compensation case may be worth until we review it, below are some settlements we have won for previous clients:

  • $365,000 for a workers’ compensation claim involving a spinal injury
  • $240,000 for a workers’ compensation claim involving a rear-end collision
  • $230,000 for a workers’ compensation claim involving a traumatic brain injury (TBI)
  • $170,000 for a workers’ compensation claim involving a major fall off a roof

The rules for workers’ compensation claims vary by state, so you may need to check with your state’s workers’ compensation commission to understand the rules of your specific claim. You can find this through the U.S. Department of Labor (DOL). However, in general, your compensation amount may be based on:

  • A portion of your average weekly wages
  • Your medical expenses
  • Vocational rehabilitation
  • Disfigurement you suffered

Should your workers’ compensation settlement not be enough to cover the damages, you may be able to pursue Social Security Disability (SSD) benefits. However, the Social Security Administration (SSA) does note that SSD benefit amounts may be lower if you are also accepting workers’ compensation, as you cannot exceed 80 percent of your average current earnings.

Personal Injury Cases

In some cases involving work-related accidents, another legal option may be available: a personal injury claim. If another party partially contributed to the cause of the accident, you may be entitled to file a personal injury claim against them to pursue compensation.

With personal injury cases, you may be eligible to recover more damages than you would through workers’ compensation, such as:

  • Property damage costs
  • Pain and suffering
  • Medical treatment expenses
  • Current and future income loss, including benefits
  • Reduced earning potential
  • Physical disfigurement or permanent disability
  • Mental anguish, emotional distress, or psychological trauma
  • Diminished quality of life

If you lost a loved one in a work-related accident, and they would have qualified for a personal injury case, you might be eligible to file a wrongful death action on their behalf. You can pursue additional damages with this type of case, such as costs for funeral services and loss of society.

Our Attorneys can Manage Your Workers’ Compensation Case from Start to Finish

Many people wonder if it may be worth working with a lawyer when filing for workers’ compensation. However, navigating the workers’ compensation system can be challenging if you are unsure about state laws and your rights as an employee.

Our team has experience handling both workers’ compensation and personal injury cases, so we can review the situation to see what options you may have. If you live in South Carolina, we can offer to manage the case, which may involve:

  • Sending notice to your employer and other liable parties (if applicable) about your work-related injury and intention to pursue compensation
  • Investigating the accident to retrieve any available evidence we can use to support the case
  • Helping you meet the deadlines to file a claim or lawsuit, including appeals for denied claims
  • Contesting a denial on your workers’ compensation claim
  • Appearing in hearings and other legal proceedings on your behalf
  • Negotiating a settlement and handling other communications with the insurance company

Refer to Past Reviews from Our Clients for Feedback on Our Legal Services and How We’ve Helped Them

When you bring a case to our law firm, we take the extra step to show you genuine compassion and empathy, whether that means listening to what you have experienced in full detail or praying with you to give you comfort. At our firm, you are more than a client, you are a new friend, and we want to help you.

Read some of our Google reviews to understand the kind of relationships we build with clients:

  • Tiffany wrote, “Mr. Paul and his team have been great to work with. They make you feel like you’re a part of the family. I can honestly say that they care about you and your wellbeing and getting your case settled. Thank you guys for everything that you did for me!”
  • Sammie Robinson wrote, “The Hammack [Law] Firm was there from the time that I selected them for legal guidance until the end. Paul and his staff believed in me when there were times the pressure of the case was overwhelming for me. They never left my side.”

Call the Attorneys at Hammack Law Firm Today for Help with Your Workers’ Compensation Claim

While there is no average settlement for a workers’ compensation claim, our team at Hammack Law Firm can review your salary information and your employer’s insurance policy to help you understand how much compensation you may be entitled to receive. We can also help you maximize your workers’ compensation settlement by outlining a detailed and targeted plan tailored for your case.

You can speak with a team representative today.

Once we review the case, we can help you prepare a workers’ compensation claim and even a personal injury case if it is within your legal options. Start working with one of our lawyers today.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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