(864) 582-0416 If you suffered a workplace injury, an attorney can help you throughout the negotiation and settlement process and offer you valuable guidance and advice on workers’ compensation settlements in Spartanburg.
Contact Holland & Usry for a free case review, where we will work hard to protect your rights and get you the comprehensive compensation you deserve.
Trying to determine the potential compensation available in a workers’ compensation settlement is difficult. Working with an attorney who is experienced and familiar with the complex laws and regulations for Spartanburg workers’ compensation is critical to maximizing the potential value of your settlement.
A vital aspect of calculating a settlement figure involves using your weekly wages to develop what’s called your “comp rate.” Generally, your comp rate is two-thirds of your average weekly wages over the last four quarters before you suffered an injury.
The settlement would also consider the degree of medical impairment your injury caused. This includes whether you suffered any permanent loss of mobility or strength. The medical impairment rating is set by your doctor, who gets it from a book called the American Medical Association Guide To The Evaluation Of Permanent Impairment.
This is the value set by the workers’ comp system to establish the money value of your settlement. It takes into consideration three major factors set by the doctor:
A disability rating determines the effect that the medical impairment will have on your everyday life and ability to work. For instance, if you suffered a crush injury to your back that prevents you from bending down, a settlement discussion would consider the type of work you perform. Do you need to bend down regularly as part of your job duties? If you are an office worker who sits at a computer, you might have a lower disability rating. However, if you are a construction worker who regularly performs manual labor, your disability rating could be significantly higher.
A seasoned lawyer who knows how the workers’ comp system works can help you fight for a higher settlement by providing evidence of the injury’s effect on your life and advocating for a higher disability rating.
If you suffer a serious back injury or multiple injuries, you may qualify for higher benefit levels in the South Carolina workers’ compensation system, called “permanent and total disability” or “wage loss.” Workers’ compensation for total disability is not like Social Security disability—it doesn’t mean you’re physically helpless. It just means you’ve lost over 50% of your back, or multiple severe injuries keep you from obtaining work you’re qualified to do. Wage loss compensates you for the loss of your ability to earn as much money in the future due to your injuries.
Obtaining these benefits is extremely challenging and complicated. If you’re afraid you’re hurt this seriously, you need an experienced Spartanburg workers’ compensation attorney to answer your questions and explain your options.
Spartanburg workers’ compensation settlements can be confusing if you think you will need future medical care. Below are a few different options to consider:
If you elect to accept a final clincher agreement that covers medical expenses, the workers comp the insurance company would owe you nothing if you suffer a future medical problem relating to your injury. Accepting a final clincher agreement can bring you more upfront money because you assume the risk of future medical care. You’re also outside of the workers comp system, so there’s no more calling an insurance adjuster for permission to go to the doctor.
A Form 16 Settlement provides the opportunity to seek benefits for future medical expenses. You can still receive medical treatment from the comp for up to one year after receiving your settlement. However, if you do not visit an insurance company-approved doctor within that year, you forfeit your right to comp paying for care.
Dodge medicals allow you to get highly specific medical care for a severe injury that doesn’t qualify as a total disability, even after a doctor determines that you have reached “maximum medical improvement,” your limit in the ability to recover. Insurance companies fight these hard because they cost more.
A knowledgeable local attorney can help you make an informed decision about your future medical care options in a settlement by discussing your likely prognosis with doctors to find out the care you need to maintain your condition.
An attorney at Holland & Usry has experience helping injured workers obtain fair and full workers’ compensation settlements in Spartanburg. They can help you through the entire process, from the initial investigation to making sure you get your weekly checks, getting doctor visits, procedures, and medications approved, submitting an effective demand letter to begin settlement negotiations strong, and finalizing a fair settlement.
Contact us today to schedule a free case review and discuss your situation with a member of our legal team.
