Working with an attorney who regularly calculates fair settlements can help maximize your workers’ compensation settlement in South Carolina. If you are considering a settlement based on your workers’ compensation claim, you can calculate the value of your case and negotiate the claim on your own, or you can allow an attorney to handle the entire process for you.
When a workers’ compensation lawyer represents an injured worker, they bring experience, legal knowledge, and strong protection of your rights to the table. A workers’ compensation lawyer can help ensure that an insurance company cannot attempt to undervalue your claim, and you can trust that you have someone on your side who has your goals in mind.
Consider the Type of Settlement that Is Best for You
There are several types of settlement agreements that may be possible based on your needs and circumstances. The largest immediate payout will likely come from a “clincher” settlement. This is otherwise known as a full settlement for your benefits, and you will need to sign a final release with no claims for additional losses.
Some settlement agreements offer a smaller lump sum initial payment but continue payment for some related medical needs within the first year after the agreement or another similar time frame. Lastly, some settlements may only include one type of benefit, such as your lost wages. You will continue to have covered medical care but will receive a lump sum payment only for your income replacement benefits.
Understand Your Covered Losses
You must understand your full range of covered losses to determine if a settlement offer you received is fair. This can include calculating your lost wages and potential out-of-pocket expenses. You can learn more about how these benefits are calculated under SC Code of Laws §42-9-360.
You will also need to consider any medical bills still pending, your related future care needs, and more. Lastly, you should also consider the value of other benefits you may be eligible to receive. Are you eligible for vocational training or similar programs, or maybe compensation for a lasting impairment or scar?
According to the South Carolina Workers’ Compensation Commission (SCWCC), if you have an impairment rating or visible non-surgical scar, you can recover compensation. Determining the value of this impairment or scar requires an informal conference with a representative from the insurer and a Commissioner from the SCWCC.
Enlist the Help of a Workers’ Compensation Attorney
While your employer must file a copy of the settlement agreement with the SCWCC, the Commission only considers and approves agreements if the employee does not have an attorney per SC Code of Laws §42-9-190. While this provides added protection against a bad settlement, approval by a Commissioner might not protect your rights as well as your own attorney would.
Not only will your attorney handle the settlement negotiation process itself to maximize your workers’ compensation settlement, but they will also calculate the potential value of your claim for you. They know what to consider and how to put a price on your future care needs. They may work with experts to come up with a fair settlement range they can support with evidence and precedent.
They will also communicate directly with your employer, the insurer, and the SCWCC on your behalf.
Most Workers’ Compensation Attorneys Provide Free Reviews
Workers’ compensation settlements take many factors into account and negotiating a fair one requires you to take several complex steps. You must have a strong knowledge of your medical condition, necessary treatment, prognosis, and ability to return to work. Knowledge of how the South Carolina workers’ compensation laws work is also essential.
For most injured or sick workers, the best option may be to let a workers’ compensation law firm take care of it. With a compassionate, supportive, and knowledgeable legal team on your side, you can focus on finishing your treatment, recovering from your injuries, and getting your life back.
Speak with a Hammack Law Firm Team Member Today
Workers’ compensation settlements are not right for every employee or every situation. We will assess your case at no cost to you and offer advice about your best options for today and the future. Contact us now at (864) 326-3333 to talk to a Greenville team member who you can trust to treat you like family.