In most circumstances, S.C. Code § 42-9-301 allows for traumatic brain injury workers’ compensation settlement. The amount of compensation varies based on the severity of the brain injury, the ability to work, the necessary medical care, and the strength of the case.
Contact Bobby Jones Law for a free, personalized consultation with a workers’ comp lawyer in Greenville, South Carolina.
What to Know About Brain Injury Workers’ Comp Settlements
A traumatic brain injury worker’s compensation settlement is an agreement to resolve a workers’ compensation claim based on brain injury that occurs in the course of employment. A settlement may resolve all or a portion of outstanding claims for medical care, wage loss, and disability pay.
Here are other key points to know:
- If you suffered a head injury on the job, you may have the right to a workers’ compensation settlement for a brain injury.
- There are different kinds of settlements. Be sure to know what your settlement covers. Many resolve all claims for compensation, including medical care, lost wages, and disability compensation.
- There are factors that may impact the amount of your settlement, including the severity of your injury and your ability to work.
- In addition to a settlement, you may ask the commission to award you a lump sum payment. (S.C. Code § 42-9-301). The employer has the right to notice and the opportunity to be heard.
- A settlement is a negotiated agreement. You don’t have to accept an offer unless you choose to do so.
- The first settlement offer often isn’t the best one. You should negotiate your settlement with an understanding of the strengths of your case.
- You have the right to legal representation by an attorney.
At Bobby Jones Law, we represent injured workers seeking traumatic brain injury workers’ compensation settlements. If you or a family member has been hurt on the job, contact us.
Factors that Influence a Traumatic Brain Injury Workers’ Compensation Settlement
Factors that influence a traumatic brain injury workers’ compensation settlement include:
- The extent to which the brain injury prevents you from working.
- How much medical treatment you need, and how long it will take you to reach maximum medical improvement.
- Whether you will benefit from therapy, mobility devices, and other assistance.
- Effects of the brain injury including cognition, information processing, mood regulation, behavior, and personal care.
- Additional injuries to other body parts.
- The extent to which your injuries and prognosis are known.
- Strength of your claim, including any potential defenses to liability.
Each case is considered as a whole. Each factor may be weighted appropriately to reach the correct brain injury workers’ compensation settlement.
Because of the severe impact that a brain injury can have on a person’s life and vocation, settlement amounts are often significant. However, a fair settlement is the result of careful case investigation, evidence building, and negotiation.
As a workers’ compensation lawyer for traumatic brain injuries, Robert “Bobby” Jones can represent you in all aspects of your case.
What Does a Traumatic Brain Injury Workers’ Compensation Settlement Cover?
A traumatic brain injury worker’s compensation settlement may cover:
- Medical care
- Medication
- Physical therapy
- Vocational rehabilitation
- Lost income
- Scars and permanent disfigurement
- Disability
Most workers’ compensation settlements cover everything.
Sometimes, it’s possible to have a partial settlement that leaves open the possibility of future medical care. However, insurance companies like to fully resolve cases. When you are considering a settlement, make sure you know what’s covered and what’s excluded.
Typically, after accepting a settlement, you’ll need to arrange for your own medical care, and wage and disability payments are final.
Severe Traumatic Brain Injury and Workers’ Compensation Settlements
South Carolina Law speaks directly to severe brain injury and workers’ compensation settlements. Brain injuries vary in severity. Sometimes, they are life-changing, preventing the victim from working and requiring long-term care.
S.C. Code § 42-9-10 limits workers’ compensation payments to a total of 500 weeks in almost all cases. Exceptions are listed in S.C. Code 42-9-10(C). One of the exceptions is for a person who has suffered physical brain damage. Paraplegic and quadriplegic are the other exceptions.
Most cases of traumatic brain injury will not fall under the exception. In Sparks v. Palmetto Hardwood, Incorporated, 406 S.C. 124 (S.C. 2013), the court explained that § 42-9-10(C) applies only to the most serious brain injuries, where there is permanent physical brain damage. It must be a lifetime injury. It must be so severe that the worker can’t work. See Floyd v. C.B. Askins & Co., 382 S.C. 84, 90, (Ct. App. 2009).
Whether injuries meet the threshold of a § 42-9-10(C) is significant because it changes the nature of workers’ compensation and a potential settlement.
When a person has severe physical brain damage, they are not subject to the 500-week limit for workers’ compensation benefits that forms the basis of a settlement. Instead, they may receive benefits for life. § 42-9-10(D) prohibits the commission from ordering a lump sum payment when a person is entitled to lifetime benefits.
Guardian or conservator for brain injury workers’ comp settlement
When a person sustains a significant brain injury, it may be appropriate to appoint a guardian or conservator to manage a settlement. Our law firm can help you determine if an appointment is appropriate for your case.
Notes:
Regulation 67-216 requires the appointment of a Guardian ad Litem in workers’ compensation proceedings when a person is mentally incompetent. The commission may require an attorney to serve as guardian ad litem.
Under S.C. Code § 42-9-310, the commission may order trustee administration of a lump sum award.
Third-Party Claims for Traumatic Brain Injury on the Job
Because a traumatic brain injury on the job can be so disabling, it’s important to seek all sources of compensation. While an injured worker is limited in the workers’ compensation system as it relates to their employer, there is no limitation against third parties who may have fault.
Lawyer Robert “Bobby” Jones investigates all potential claims and sources of compensation.
Talk to a Work-Related Brain Injury Lawyer
Traumatic brain injury workers’ compensation settlements are important for anyone injured on the job. You can have experienced legal representation dedicated to your case. Contact Bobby Jones Law and get legal help today.
Why choose us?
Attorney Bobby Jones works tirelessly for the injured in Greenville and its surrounding communities. His achievements include:
- More than $60 million collected for our clients
- Multiple recoveries exceeding $1 million, including an eight-figure settlement
- Recognized by Best Lawyers in America
- Named among the “Best Law Firms” by U.S. News & World Report
- Named to the Top 100 Trial Lawyers by The National Trial Lawyers
- Named to Super Lawyers 2017–2024
- Member of the Million Dollar Advocates Forum
- Selected as Legal Elite of the Upstate 2021–2023
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
