SC Workers’ Compensation Settlement Calculations
Determining your South Carolina workers’ compensation case value is dependent on the specific facts of your case. Normally, when settlement is being discussed, you are finished with the beginning stages of your claim: the injury has been declared “on the job,” your treatment is concluded or the future medical requirements are known, and you have been given an impairment rating. Next, the valuation begins.
Workers' Comp Settlement Factors
Five main factors normally go into determining your settlement value:
1. Average Weekly Wage
This is calculated based upon your average weekly wage (or, if you have not worked at the job for long enough, a comparable employee’s average weekly wage). Once calculated, the number is multiplied by two-thirds to become your compensation rate.
2. Body part injured
The South Carolina General Assembly has arbitrarily determined how much each of your body parts are worth. This information is found in South Carolina Code Sections 42-9-30 et seq. The valuation is determined by calculating how many weeks you are entitled to compensation for the injured body part.
3. Impairment rating
This is a figure that comes from a treating physician. Based upon a variety of factors, and relating them to an AMA book, the doctor determines how impaired your body part is.
4. Your personal background
If your personal background restricts your ability to find employment post-injury, this may add value to your case. The information analyzed depends on the case, but normally includes age, education, and work experience.
5. Whether You “Clinch” the Agreement
A “clincher” is when the injured worker completely settles the claim, foregoing the employer paying for future medical treatment related to the injury claim. Clinchers normally add value but are not always the best route, especially with lingering injuries.
Experienced South Carolina Workers’ Comp Attorney
We are centrally located in Columbia, South Carolina, but we represent clients all over the state, including Greenwood, Greenville, Spartanburg, Lexington, Myrtle Beach, and everywhere in between. Attorney Andrew Johnson has experience handling South Carolina workman’s compensation cases, and we are here to speak 24/7. For a free and confidential consultation, email or call us today.