Many want to know, “Do all workers’ comp cases end in a settlement?” The truth is that not all workers’ comp claims end in a settlement, and the outcome depends on the unique circumstances of that specific case. Some claims may end in a denial, which the worker can appeal. Others may end in a lump sum payment or periodic checks paid out for a predetermined length of time.
Williams & Roche, LLC, has been fighting for injured workers in South Carolina for many years, helping them pursue all available avenues for recovery after a job injury. The founding attorneys are former Workers’ Compensation Commissioners with impressive experience handling these types of claims from all sides. They leverage their diverse legal backgrounds to forge partnerships with and craft effective strategies for their clients. If you need assistance from a workers’ compensation lawyer in Columbia, SC, then reach out to our team today.
Understanding Workers’ Compensation in South Carolina
Workers compensation is a type of insurance policy that most, but not all, employers must carry. This no-fault coverage pays for an injured employee’s medical expenses and wages if they get hurt while on the clock or doing tasks for their employer. If the employee dies while on the job or because of injuries sustained in the course of their employment, the workers’ comp insurance would also pay money to eligible surviving relatives.
Who Qualifies for Workers’ Compensation?
To potentially qualify for a workers’ compensation payout, the person must be an eligible worker and have gotten hurt while acting within the scope of their employment. For example, workers’ compensation insurance covers many regular employees, such as part-time and full-time members of the workforce, but it does not usually cover independent contractors. Workers also need to be doing tasks for their employer at the time of the injury or experience hazardous exposure.
The Process of Filing a Claim
The first step in filing a South Carolina workers’ comp claim is for the person to notify their employer about the accident or injury. South Carolina law requires the person to send in this accident notice within 90 days after it occurs or they discover the injury unless an exception applies. Once they fulfill this reporting requirement, they should file a formal claim with the Workers’ Compensation Commission within two years. However, some exceptions can change when this deadline falls.
How Workers’ Compensation Cases End in South Carolina
Workers’ compensation claims can end in several different ways. The first is for the insurer to deny the claim, which may entitle the worker to file a formal appeal to challenge this decision. The other way a claim can be resolved is through a settlement after negotiating or litigating—going to court over—the request for benefits.
Types of Workers’ Compensation Settlements
Successful claimants can receive several different types of workers’ compensation settlements. For example, they may receive a one-time payment from the insurer if they have a minor injury that is not expected to last long. However, if the person has a more severe loss, they may receive biweekly or monthly payments for an extended period of time.
Benefits and Drawbacks of Lump Sum vs. Structured Settlements
Lump sum and structured settlements have their pros and cons. The benefit of a lump sum payment is that the person knows what they are getting, and they do not have to wait to receive the whole payout. These one-time checks may be beneficial in situations where the person’s injuries are minor and the recovery is predictable. However, one of the risks with a lump sum settlement is underestimating the actual cost of someone’s injury.
Similarly, receiving a structured settlement can give someone the security of knowing they will have money coming in for a specific period of time. However, if the payments are small, it may have a more significant financial impact to receive these all at once rather than paid over time.
Factors Influencing the Likelihood of Settlement in South Carolina
Many different variables can influence the likelihood that someone’s workers’ comp case will settle. Common factors include the severity of someone’s losses, whether they file their benefits request on time, and the strength of their claim.
Contact the South Carolina Workers’ Compensation Lawyers at Williams & Roche, LLC
Receiving a workers’ comp settlement can be critical, helping equip you and your family with the funds you need to support yourself while you heal. You may be wondering, “Do all workers’ compensation cases end in a settlement?” The short answer is that not every claim is approved, and there are many different ways people can receive payments.
The legal team at Williams & Roche, LLC, is here to help you pursue the maximum settlement for your workers’ compensation case in South Carolina. Andrea Roche has been practicing law in the workers’ comp space for many years and in many different roles. Contact her and her capable team today by calling 803.784.0503 to schedule a no-obligation consultation.
