Getting hurt at work is a scary, vulnerable time. You may be wondering when you’ll return to work, how you will pay your bills, and whether your employer’s insurance company is treating you fairly. These are big questions that you don’t have to figure out by yourself.
At Lee Injury Law, we help hardworking South Carolinians understand their rights and make confident decisions after a workplace injury. For nearly two decades, founding attorney Tyler Lee has guided injured workers through South Carolina’s workers’ compensation system with honesty, compassion, and straight answers.
This page will walk you through how workers’ comp settlements in South Carolina work, including the types of settlements available, how amounts are calculated, and when it may make sense to settle your case.
Injured at Work? Let’s Talk Your Settlement
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Workers’ Comp Benefits Offer a Safety Net
When you’re hurt on the job or develop a work-related illness, South Carolina law provides benefits meant to help you recover and stay financially stable. Workers’ comp can cover:
- Medical treatment related to your injury
- Partial wage replacement while you can’t work
- Vocational rehabilitation if you can’t return to your old job
- Compensation for permanent disabilities or loss of use of a body part
Because workers’ comp exists to protect employees, it is not necessary to prove fault on the part of your employer. However, that doesn’t mean your employer’s insurer will always play fair. Insurance companies have lawyers protecting their bottom line, so it’s smart to have someone on your side, too.
(For more information, visit the South Carolina Workers’ Compensation Commission FAQ.)
Workers’ Compensation Settlements in South Carolina
A workers’ comp settlement is an agreement between you and the insurance company that usually involves a lump-sum payment in exchange for giving up some or all of your rights to future benefits.
Settling isn’t required, and it’s not the right move for everyone. But for some people, it brings peace of mind and a sense of closure. Perhaps you’ve completed treatment, you’re ready to move on, or you simply need financial stability.
All settlements in South Carolina must be reviewed and approved by the South Carolina Workers’ Compensation Commission to make sure they’re fair. Still, that review doesn’t guarantee you’re getting everything you’re entitled to, which is why getting legal advice before signing anything is crucial.
What Are the Types of Workers’ Comp Settlements?
Not every settlement looks the same. Here are the main types in South Carolina:
Clincher Agreements
This is the most common type. A clincher usually means you receive one lump-sum payment, and in exchange, you give up your right to future benefits, including medical treatment. It’s final, and once it’s approved, it’s done.
Form 16A Settlements
A Form 16A allows you to settle while still retaining some rights, such as those related to future medical care. This can be a good choice if you are likely to require ongoing treatment for your injury.
Third-Party Settlements
If your injury was caused by someone other than your employer (for example, a negligent driver while you were on the job), you may have a separate personal injury claim. Those cases can impact your workers’ comp benefits, so coordination is key.
How Are Settlement Amounts Calculated in South Carolina?
Every case is different, but a few key factors determine how much your settlement might be worth:
- Your average weekly wage (based on your earnings before the injury)
- The type and severity of your injury
- Your permanent impairment rating, assigned by your doctor
- Whether you can return to work — and if so, in what capacity
- The body part injured (South Carolina law assigns specific benefit weeks for each, under S.C. Code Ann. § 42-9-30)
- The cost of future medical care
For example, a severe back injury that limits your ability to work long-term is often worth more than a finger injury because of how much it impacts your life and livelihood.
Every insurance company has one goal — to pay as little as possible. Our job is to make sure your settlement reflects the whole picture of your injury, not just what the insurer wants to see.
Is Settling Your Workers’ Comp Claim The Right Move?
This is one of the toughest questions injured workers face. In most cases, it’s best to wait until you’ve reached Maximum Medical Improvement (MMI) — the point where your doctor says you’ve healed as much as you’re likely to. Settling too early can leave you with unpaid medical bills or problems you didn’t anticipate.
Before you decide to settle, ask yourself:
- Can I return to my previous job, or will I need to consider a different career path?
- Do I know what future medical care I’ll need?
- Have I received a permanent impairment rating?
- Am I comfortable giving up my right to future benefits?
Some settlements are completed within a few months. Others take longer — especially if you’re still healing or need more treatment. The goal isn’t speed; it’s getting it right.
Why Choose a Columbia, SC Workers’ Comp Lawyer to Handle Your Settlement
Many law firms take on workers’ compensation cases as an afterthought. That’s not how we do things at Lee Injury Law. This firm was built from the ground up to help injured workers. It’s at the heart of everything we do.
Founding attorney Tyler Lee grew up here in South Carolina and understands the values that matter to folks here: honesty, hard work, and taking care of family. When you retain our firm, you can rest assured that you will always be heard, respected, and treated fairly.
We handle cases throughout South Carolina, and you don’t even have to come into the office to get started. Let’s talk about what’s going on and figure out the best way forward together.
If you’re ready to speak with a Columbia, SC workers’ comp lawyer who listens, cares, and fights for what’s right, we would be honored to help.
Call Lee Injury Law today to schedule a free consultation and learn more about your South Carolina workers’ comp settlement options.
Legally Reviewed by
Tyler Lee, Attorney at Law
Tyler Lee is the founder of Lee Injury Law in Columbia, SC, where he focuses on helping injured workers and accident victims secure fair compensation. Recognized by Best Lawyers, Martindale-Hubbell, and AVVO, Tyler has handled more than 2,000 claims ranging from workplace injuries to catastrophic cases involving brain and spinal trauma.
Lee Injury Law, LLC
1417 Calhoun St, Columbia, SC 29201
P: (803) 500-0000
E: [email protected]
