When pursuing a compensation after suffering from a work-related accident,
your case will be concluded either by a hearing or a settlement involving
the South Carolina Workers’ Compensation Commission. The likelihood
of a case reaching a hearing is rather slim, meaning a vast majority of
cases are often concluded by settlement. In this blog, our Greenville
workers’ compensation attorneys explain the different types of settlements
found in workers’ compensation cases.
When calculating a settlement, the following factors will be considered:
- Impairment ratings
- Actual extent of disability
- Whether the employee is still working for the employer
- Likelihood that the employee’s condition will deteriorate in the future.
Settlements are subject for approval by the South Carolina Workers’
compensation Commission. Typically, settlements will offer the victim
financial relief for wages lost from work absences, permanent disability
compensation, medical costs, and pain and suffering. The biggest component
in any settlement, however, is the severity of permanent disability endured
by the worker. When determining a fair and just settlement, the commission
will factor in the type of injury sustained and its seriousness.
Form 16 & Clincher Settlements
A Form 16 is the official form used in situations where the employee continues
to work for the employer after his or her injury. If a settlement is reached
with a Form 16, the injured worker has one year to make any changes to
the settlement. For example, if within the year, the worker’s condition
begins to worsen, he or she may file for additional benefits.
Clincher settlements occur when a worker and their employer’s insurance
company come to an agreement on a settled amount of money. A number of
factors are considered in clincher agreements, including the possibility
of future disabilities, medical costs, and loss of earnings. Because an
employee who continues to work for an employer is likely to sustain a
subsequent injury, an employers’ insurance carrier generally will
not seek to engage in Clincher settlements – these types of settlements
typically include additional compensation.
At Christian & Davis LLC we aggressively and tenaciously stand up for
victims of injustice and wrongdoing. When you come to our firm, you can
trust that we will guide you through every step of the legal system and
work tirelessly to hold the responsible parties accountable for their actions.
Put 95 years of combined legal experience on your side.
Contact Christian & Davis, LLC today to schedule a consultation.