The value of a South Carolina workers' comp settlement depends mainly on your impairment rating, which body part was injured, your average weekly wage, how the injury affects your ability to earn a living, and whether you'll need future medical care. Permanent disability benefits for a scheduled injury can often be estimated using the disability or loss-of-use percentage, the number of weeks South Carolina assigns to that body part, and your weekly compensation rate (two-thirds of your average weekly wage). A doctor's impairment rating is important evidence, but the Workers' Compensation Commission is not necessarily bound by that rating. Settlement discussions often happen after you reach maximum medical improvement, and a case may be resolved through an agreement for permanent disability benefits, a full and final clincher agreement, or a hearing before the Commission. There is no reliable "average" settlement, because every case turns on its own facts.
Wondering what your case is worth? Before you accept an offer, call our office for a free consultation at 803-790-2800 (Columbia) or 843-427-2800 (Myrtle Beach).
Table of contents
- How Are Workers' Comp Settlements Calculated in South Carolina?
- What Affects the Value of Your Settlement?
- What Is the Average Workers' Comp Settlement in South Carolina?
- How Can a South Carolina Workers' Comp Case End?
- What Does a Workers' Comp Settlement Include?
- Special Issues That Can Affect Your Settlement
- When Should I Settle My Workers' Comp Case?
- How Our Firm Helps Injured Workers
- Frequently Asked Questions About South Carolina Workers' Comp Settlements
How Are Workers' Comp Settlements Calculated in South Carolina?
South Carolina workers' comp provides medical treatment, weekly checks while you're out of work, and compensation for any permanent injury. Your settlement is mostly about that last piece: payment for the permanent effects of your injury, plus any future medical care.
For an injury to a single body part, the starting point is:
Disability or loss-of-use percentage x weeks assigned to the body part x weekly compensation rate = estimated permanent disability benefits
A doctor's impairment rating is an important starting point, but it does not necessarily determine the final disability or loss-of-use percentage.
- Your disability or loss-of-use percentage is often based in part on the impairment rating your doctor assigns once you reach maximum medical improvement (MMI). Learn more about impairment ratings and MMI.
- Weeks assigned to the body part come from South Carolina's schedule. For example, the shoulder is 300 weeks, the leg is 195 weeks, and the thumb is 65 weeks. See the full South Carolina body part chart.
- Your weekly compensation rate is two-thirds of your average weekly wage, up to a yearly maximum. If you earned $600 a week before taxes, your rate would be $400. If you were working more than one job when you were hurt, wages from other employment may also affect the calculation of your average weekly wage. Here's more on how workers' comp checks are calculated.
Example: A 10 percent loss of use of the shoulder is worth 10 percent of 300 weeks, or 30 weeks. At a $400 weekly rate, that's $12,000. The same 10 percent loss of use of the thumb would be worth only 6.5 weeks, or $2,600. Which body part was injured makes a big difference.
The formula is a starting point, not the final number. A fair settlement also accounts for your ability to work, your future medical needs, and what the insurance company is giving up by closing the case.
What Affects the Value of Your Settlement?
The most important factors are:
- Your impairment rating
- Which body part or parts were injured
- Your average weekly wage at the time of the injury
- How the injury affects your ability to earn a living
- Your work history, education, and transferable skills
- Whether you'll need future medical treatment
- Whether your medical care will stay open after the settlement
Impairment is not the same as disability. An impairment rating is a medical assessment of permanent loss of function. Disability is a legal determination that may involve loss of use, the impact of the injury on your ability to work, or both, depending on the type of claim. Two people with the same rating can have very different cases:
For instance, in my job as a workers' compensation lawyer, I could tear a ligament in my knee, sustain a 5% impairment, yet have no problem pushing papers, drafting documents, or standing up in court. Conversely, someone whose job requires heavy lifting, squatting, and carrying, could sustain the same injury and be unable to return to their former job.
When a claim involves loss of earning capacity, your job duties, education, and work history can matter a great deal.
Multiple injuries can change the math. When an injury affects more than one body part, or your back, the case may be valued on your overall loss of earning ability rather than a single line on the chart. For some serious injuries, including a 50 percent or greater loss of use of the back, South Carolina law presumes total and permanent disability, which can mean up to 500 weeks of benefits. Here's more on back injuries and workers' comp.
What Is the Average Workers' Comp Settlement in South Carolina?
There's no reliable average that will tell you what your case is worth. Settlements range widely because they depend on wages, body parts, ratings, and future medical needs. A minor finger injury for a part-time worker and a back injury that ends a construction worker's career are both "workers' comp settlements," but their values aren't comparable.
A more useful question is: what would a commissioner likely award in your case, and what are you giving up by settling? Those are the questions a workers' comp lawyer can help you answer with your actual records.
How Can a South Carolina Workers' Comp Case End?
After you reach MMI, your case may be resolved through an agreement for permanent disability benefits, a full and final clincher agreement, or a hearing before the Workers' Compensation Commission.
| Option | What It Means | Medical Care Afterward | Often a Good Fit For |
|---|---|---|---|
| Clincher agreement (Agreement and Final Release) | A full and final settlement that closes the case for good | Closed. Future medical benefits for the injury are released. | Workers who prefer a full and final resolution |
| Agreement for permanent disability benefits (Form 16) | An agreement that pays for your permanent injury without releasing all future rights | You may be able to ask the Commission for more benefits if your condition materially worsens, generally within 12 months of the last compensation payment | Workers who may need more treatment |
| Commission hearing | Not a settlement. A commissioner hears the evidence and decides the benefits owed. | The commissioner can order future treatment that tends to lessen your disability | Cases where the parties can't agree |
What Is a Clincher Agreement?
A clincher agreement is a full and final release. The employer and its insurance company are released from all future responsibility for the injury, including future medical treatment and any change in your condition. Because a clincher releases the employer and carrier from future obligations, the value of those released rights may be part of the settlement negotiations.
If the insurance company wants to "clincher" your case, they should pay for it. A clincher agreement takes them off the hook for any future medical treatment made necessary by a change in condition. That is valuable and should not be given to them for free.
Some injured workers choose a clincher because they prefer a full and final resolution or want greater flexibility in arranging future care, rather than treating with the workers' comp doctors. Before closing future medical benefits, it is important to understand who will be responsible for treatment related to the work injury.
What Is an Agreement for Permanent Disability Benefits?
Another option is an agreement that pays for your permanent injury without releasing all of your future rights. If your condition materially worsens because of the original injury, you may be able to ask the Commission for additional benefits based on a change in condition. Generally, that request must be made within 12 months of the last compensation payment. This option can provide a safety net that a clincher doesn't.
For example, a worker who tore a rotator cuff, had surgery, and still has pain and weakness might choose this type of agreement rather than closing the case completely.
What Happens at a Commission Hearing?
If the insurance company refuses to make a fair offer, a commissioner at the South Carolina Workers' Compensation Commission can decide your case. At the hearing, the parties can present testimony, medical records, and other evidence relevant to the disputed issues. The commissioner then decides the benefits owed. Either side can appeal the decision.
What Does a Workers' Comp Settlement Include?
Depending on your case, a settlement can include:
- Payment for your permanent impairment or disability
- Money for future medical treatment, especially in a clincher
- Any unpaid weekly checks you were owed
- Compensation for serious scarring or disfigurement
- Mileage and other costs related to your treatment
Attorney fees in South Carolina workers' comp cases must be approved by the Workers' Compensation Commission. Here's more on how much of your settlement you get to keep.
Special Issues That Can Affect Your Settlement
Medicare. If you receive Medicare, or expect to soon, your settlement may need to account for Medicare's interests in your future medical care, sometimes through a Medicare set-aside. Getting this wrong can put your future Medicare coverage at risk.
Social Security disability. Workers' comp benefits can affect Social Security disability benefits. How your settlement is written can make a difference.
Taxes. Workers' comp benefits are generally not taxable as income. Talk with a tax professional about your specific situation.
Third-party claims. If someone other than your employer caused your injury, like a negligent driver, contractor, or equipment manufacturer, you may have a separate third-party injury claim that can include pain and suffering. The workers' comp insurance company may have a right to be repaid from that recovery, so both claims need to be handled together. Learn more about filing both a personal injury and workers' comp claim.
Your job. Settling your workers' comp case can affect your employment, and some settlements include a resignation. Here's what happens if your employer terminates you while you're on workers' comp.
When Should I Settle My Workers' Comp Case?
In many cases, it's best to wait until you've reached maximum medical improvement and have an impairment rating. Before then, no one knows the full extent of your injury or the care you'll need. Settling too early is one of the most common and costly mistakes injured workers make.
Other mistakes to avoid:
- Signing a clincher without accounting for future medical costs
- Accepting a rating that doesn't reflect every injured body part
- Settling before looking into a possible third-party claim
- Negotiating with the insurance company without understanding what a commissioner would likely award
Once the parties agree, the settlement is submitted to the Workers' Compensation Commission for approval. If the injured worker is not represented by an attorney, the parties generally must appear before a commissioner at an informal conference so the commissioner can determine whether the settlement was fairly made and complies with the Workers' Compensation Act.
How Our Firm Helps Injured Workers
We review your medical records and impairment rating, make sure every injured body part is accounted for, and calculate what your case is realistically worth before any settlement is discussed. We explain your options in plain language, including whether a clincher or another type of agreement makes more sense for you. If the insurance company won't be fair, we're prepared to take your case to a hearing.
"Kenny has handled my worker's comp case with the utmost of integrity and honesty. He and his team have led me through a difficult time in my life after my work injury. They are always available to answer all my questions, and to keep me informed through the entire process." - W. Scott, South Carolina Workers' Comp Client
You owe no attorney fees or case costs unless we recover money for you. Call our office for a free consultation at 803-790-2800, and ask for a free copy of Kenny's guide to South Carolina personal injury and workers' compensation. Learn more about our work as a Columbia workers' compensation lawyer and Myrtle Beach workers' compensation lawyer.
Frequently Asked Questions About South Carolina Workers' Comp Settlements
It depends on your impairment rating, the injured body part, your average weekly wage, your ability to return to work, and your future medical needs. For a scheduled injury, benefits can often be estimated using your disability or loss-of-use percentage, the weeks assigned to that body part, and your weekly compensation rate.
A clincher is a full and final workers' comp settlement. It closes your case for good, including future medical benefits, so the value of those released rights may be part of the negotiations.
If your case wasn't closed with a clincher and your condition materially worsens because of the original injury, you may be able to ask the Commission for additional benefits. Generally, that request must be made within 12 months of the last compensation payment.
Often after you reach maximum medical improvement and receive an impairment rating, so the full extent of your injury is known.
Workers' comp benefits are generally not taxable as income, but talk with a tax professional about your situation.
You're not required to have one, but a lawyer can make sure your rating is accurate, every injury is included, and you're not giving up future medical care or other claims without fair compensation.