(864) 582-0416 
When you get a mild traumatic brain injury at work, it can heal enough to allow you to manage your case and your settlement. But more serious brain injuries, especially severe ones, may leave an employee unable to make settlement decisions or properly manage settlement money.
Luckily, South Carolina law provides a legal proceeding to protect seriously brain-injured workers’ comp clients. Obtaining these court-appointed protective relationships can require two different proceedings in Probate Court:
Although these protectors give necessary protection to vulnerable employees, the additional court proceedings pile on more legal complexity for a family that’s already crippled with the burden of lost income and intense medical treatment.
Let us give you a helping hand. Call toll-free at (864) 582-0416 or fill out a Get Help Now Form to get your questions answered in a FREE*, NO PRESSURE strategy session with a Spartanburg, South Carolina workers’ comp attorney.
Here’s how guardians and conservators get appointed in a South Carolina workers’ comp severe brain injury case.
While they are separate legal proceedings, both guardianship and conservatorship cases require similar filings and proceedings in Probate Court:
Some settlements may be so large you need a bank to serve as the conservator. If you’ve hired us, as we manage the probate court appointments, we also strategize and work on a good South Carolina workers’ comp brain injury settlement, which may require extensive legal analysis to find the right type of settlement. To get your questions answered about these complex, high-stakes cases, call toll-free at (864) 582-0416.
Now let’s flash forward to the end of the case.
South Carolina workers’ compensation law requires legal approval by the South Carolina Workers’ Compensation Commission for all settlements, regardless of whether a guardian or conservator is involved. We educate all our clients, including guardians and conservators, on the workers’ comp settlement process, including the steps to final approval.
A special factor is if the employee is on Social Security disability, Medicare, or Medicaid. Some employees who get a brain injury on the job get government benefits. A workers’ comp settlement can affect eligibility for these programs. It can reduce or even wipe out a monthly Social Security disability check. As such, we insist on a clause in all workers’ comp settlements that’s designed to protect the disability check amount.
Because employees can’t afford to lose Medicare or Medicaid, we have clients meet with an attorney who handles benefit eligibility cases. These lawyers help you find a way to get the settlement and keep Medicare or Medicaid. For Medicare recipients, it may be necessary to consider a Medicare Set-Aside Trust for certain workers’ comp settlements, or you risk forfeiting Medicare rights to treatment.
Too much is riding on this case to make a rookie mistake. In fact, South Carolina workers’ comp severe brain injury cases offer some of the most extensive benefits in comp cases, including a potentially large money settlement. Get help from an experienced South Carolina workers’ comp attorney for your South Carolina brain injury accident case. Call toll-free at (864) 582-0416 to get your questions answered.
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