Most South Carolina workers’ compensation claims result in a settlement.
Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains how to calculate a workers’ compensation settlement in South Carolina.
How Is a Workers’ Comp Settlement Calculated in South Carolina?
Workers’ comp settlement calculations in South Carolina are complicated. Calculating the impairment rating against the average weekly wage is a starting point. Other factors and situations that may impact an award include socioeconomic factors relating to the ability to work, injury to multiple body parts, temporary disability benefits already received, and total disability.
Calculation of a scheduled compensation award is important, but it’s not necessarily the settlement amount.
A lawyer can perform a calculation for your specific circumstances and give you an estimated case settlement value.
What Factors Determine Your Workers’ Comp Settlement Amount in SC?
Factors that determine your workers’ comp settlement amount in SC include:
- Income. Your earnings before injury. SC workers’ compensation body part impairments are paid at 66 2/3% of average earnings before the injury.
- Body part injured. The workers’ comp settlement chart for South Carolina lists the weeks of compensation for various body-part impairments.
- Extent of disability. A body part may be partially impaired or fully impaired. The treating doctor assigns a rating. The rating is calculated into the award.
- Multiple body parts. Calculation may be different when there are multiple impaired body parts or whole-person impairment.
- Temporary disability payments. Weeks of temporary total disability (TTD) payments are deducted from the maximum for permanent and total disability. Note: They are not deducted for a single body part impairment rating, except when received after reaching maximum medical improvement (MMI).
- Severe, permanent disability. Brain damage, paraplegia, and quadriplegia are exceptions to the 500-week limit for total disability benefits.
- Socioeconomic factors. A person’s age, work history, education, and skills can affect the overall disability determination.
In workers’ compensation, the focus is on permanent impairment and its impact on the ability to work. Pain and suffering are not compensated in S.C. workers’ compensation.
How Does Your Impairment Rating Affect Your Workers’ Comp Settlement in South Carolina?
An impairment rating is part of the settlement calculation. The impairment evaluates the extent of impairment of a body part. The treating physician uses a guide to make the rating.
The rating is calculated according to the workers’ compensation settlement chart. The chart is called the Schedule of Period of Disability and Compensation.
For example, a person suffers a 25% impairment of the use of the leg. Before the injury, they earned $1,000 per week. Loss of the use of the leg is compensated for 195 weeks.
The permanent impairment calculation is: $1,000 X .25 X 195 = $48,750.
For this person, the settlement may be this amount, more, or less.
Remember, this is just one example. The schedule of awards lists many body parts, and the guidelines explain how to evaluate each.
Temporary Total Disability vs. Permanent Partial Disability
When you have a workers’ comp case, you may hear about different types of payments. Temporary disability payments are paid while you are healing from your injuries. Permanent partial disability payments are for disability that persists despite maximum medical improvement.
More from Bobby Jones Law: Difference Between Temporary Total Disability (TTD) and Permanent Partial Disability (PPD).
How Lost Wages Are Calculated in a South Carolina Workers’ Comp Settlement
Usually, the 12 months of earnings before injury are used to calculate lost wages. There are circumstances in which the calculation doesn’t yield a fair result, such as when the person doesn’t have a 12-month work history or the work is seasonal.
A lawyer can review your wage calculation.
How Future Medical Costs Factor in Your Workers’ Comp Settlement in SC
Future medical costs can be part of a workers’ comp settlement. Medical care may continue through the insurance provider, or the cost of care may be included in the settlement amount.
A lawyer can help you determine the best option.
What Is the Average Workers’ Comp Settlement Amount in South Carolina?
Nationally, the average cost for all workers’ compensation claims, according to NSC, was $47,316 in 2022-2023.
There are significant differences in state laws that can affect averages. A lawyer can evaluate your case value.
Common Mistakes That Reduce Your Workers’ Comp Settlement Value in Greenville
Impairment rating too low
The treating physician may assign a low impairment rating. While there are guidelines for impairment ratings, the treating physician may not understand them or apply them correctly. You can challenge their impairment rating for your case.
Impairment rating not adjusted
South Carolina workers do thousands of different jobs. Workers are of different ages, with different skills and experience levels. An injury to the same body part will affect two people differently.
The impairment rating is only one component of a final disability award. Worker age, education, and employment history matter, too. Accepting a basic calculation without considering all the factors can be a mistake that reduces your workers’ comp settlement value in Greenville.
Not pursuing the case
To get the best workers’ comp settlement calculation, you may need to contest your case. You don’t have to accept the first offer from the insurance company. An attorney can help.
How Does a Lump Sum Settlement Compare to Ongoing Benefits in SC?
A lump sum settlement pays all benefits in a single award that covers everything. Alternatively, benefits can be paid out weekly. Most cases reach a lump sum settlement. This allows the person to control their finances. Ongoing benefits may be beneficial in some circumstances, especially when long-term medical care is necessary.
What’s best for you depends on your personal situation, including your access to other health insurance. A lawyer can help you negotiate the best result.
Why You Need a Greenville Workers’ Comp Attorney Before Accepting Any Settlement Offer
Is this settlement offer fair? What should the settlement offer say exactly?
An attorney can represent you and handle everything. A lawyer can also provide legal advice.
Bobby Jones Law is a law firm for injured workers in South Carolina. We can do a workers’ comp settlement calculation for your case.
Talk to a lawyer for help with a South Carolina workers’ compensation settlement calculator today. Contact us now.
