Workers’ Compensation Settlements in Greenville

If you have a work-related injury, odds are you will be speaking with your employer’s insurance carrier to recover medical expenses and lost wages. Although you report the injury to your employer when it happens, you must still file a claim that provides sufficient detail for the insurer to approve or deny it. If approved, the insurance company will propose a settlement amount you can accept or decline.

Declining the proposed settlement may begin a lengthy negotiation process. Workers’ compensation settlements in Greenville may take weeks or even years to settle, depending on the type of injury and treatment options. Our experienced workers’ compensation attorneys could guide you through the process, ensure your documentation is as complete as possible, and negotiate for the best possible outcome.

What Benefits Are Available?

Injured parties may seek economic compensation through South Carolina’s workers’ compensation program. The state does not allow compensation for non-economic damages such as loss of companionship or pain and suffering. Insurance coverage includes compensation for:

Medical Expenses

Medical coverage includes medical treatment, rehabilitation services, and equipment such as wheelchairs and canes.

Lost Wages

Employees are entitled to two-thirds of their weekly pay while unable to work.

Permanent Disability

Employees may be eligible for ongoing compensation if their injury results in a permanent disability.

Death Benefits

Survivors of employees who die because of a work-related injury may collect death benefits.

In exchange for these benefits, employees waive the right to file a personal injury lawsuit against their employer for job-related injuries.

How Are Workers’ Compensation Settlements Calculated?

Multiple factors, such as weekly wages or permanent impairment, are considered when calculating a settlement. Given the complexity of the various factors, many workers consult workers’ compensation settlement lawyers for assistance. The following is a partial list of factors considered in a workers’ compensation settlement.

Wages

Insurers use 13 months of wage data to determine an employee’s average weekly wage. Using the four-quarters before the injury, companies calculate two-thirds of the weekly amount to arrive at the compensation amount. South Carolina issues an annual maximum weekly wage for calculating lost wages. Employees cannot receive more than the published rate regardless of their salary. The state also caps the time an injured employee may receive compensation for lost wages at 500 weeks.

South Carolina Code ยง 42-9-30 sets the number of weeks employees should be out of work according to the injury type. For example, if an employee loses a thumb, the state sets the maximum benefit length at 66 weeks. If the employee’s compensation wage is $700.00, the maximum compensation for lost wages is $46,200.

Injury or Illness

Some injuries can be treated, and the employee can return to work quickly. Others may require rehabilitation services that limit an employee’s ability to work. For a few, the injury reaches its maximum medical improvement (MMI) without a return to work.

MMI indicates that no added medical treatment will improve the condition. When MMI is reached, the settlement calculation must consider impairment.

Impairment

When evaluating an employee’s injury, physicians assign an impairment rating, indicating how much pre-injury functionality is lost. The rating ranges from 0 to 100. The degree of impairment or loss of physical or mental abilities impacts compensation. For example, an employee may have a permanent partial impairment, meaning the injury resulted in a permanent loss of functionality.

When establishing an impairment rating, physicians may consider surgeries, loss of strength, decreased range of motion, or pain levels. While medical professionals rate an employee’s impairment, the South Carolina Workers’ Compensation Commission determines the disability level.

Medical Expenses

Workers’ compensation settlements should cover all medical expenses. However, an injured employee must use medical providers authorized by the employer or insurance carrier. Employees who choose other providers may have to pay for the services out of pocket.

Future Needs

Settlement amounts should include compensation for future medical care. Our workers’ compensation law firm in Greenville has experience determining current and future needs to maximize compensation for future needs during settlement negotiations.

Contact Greenville Attorneys With Experience Handling Workers’ Compensation Settlements

While workers’ compensation may sound straightforward, calculating a reasonable settlement amount is far more complicated. Working with attorneys who understand the law and have a track record of negotiating fair workers’ compensation settlements in Greenville could help you achieve the best possible outcome for your claim. Call today for a free consultation.