Workers’ Compensation

Settlement

Workers’ Compensation cases are usually resolved in one of two ways:

  1. per an Order of the South Carolina Workers’ Compensation Commission Form 16, which has specific wording and usually allows for further benefits including medical treatment, under certain conditions; or,
  2. by a legal agreement called a “clincher.” A “clincher” is a customized agreement which is specifically drafted for the precise settlement terms reached by the employer and employee.

Commonly, the terms of a clincher agreement involve a full and final settlement of all claims (compensation and medical treatment benefits) but not necessarily. Future medical treatment or other considerations may be included if negotiated into the agreement. (In South Carolina, Workers’ Compensation settlements may also include some language regarding the allocation of the Workers’ Compensation benefits paid in order to minimize the potential offset requirement under Social Security Disability, as well as Medicaid “set aside” arrangement).

The injured employee and his attorney, as well as the attorney for the insurance company/employer must sign the documents. All South Carolina Workers’ Compensation settlements must be approved by the South Carolina Workers’ Compensation Commission, even if the claimant is represented by an attorney.

Also, in South Carolina all claimants’ attorney fees and attorney costs must be approved by the South Carolina Workers’ Compensation Commission before any settlement is approved.

These are just a few examples of the complexity of settling a Workers’ Compensation claim. This is why we suggest you hire an experienced Workers’ Compensation attorney to handle your claim.

Even if you don’t retain our services, please hire someone to protect your interests, get you the full value of your claim and all the medical treatment to which you are entitled. Please feel free to e-mail us at pete@peterdavidbrown.com or call us at 843-971-0099. You can click here to reach us now and set up a no-cost conference to evaluate your claim.