South Carolina Injury Attorneys
A Guide to Settlements in Workers' Compensation

A Guide to Settlements in Workers' Compensation

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.

Settlement Basics

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.


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