Do you know how long your workers’ comp settlement will take in South Carolina? Every case is different, and several factors could affect how long it takes to resolve your claim. Medical treatment, disputes with the insurance company, and legal requirements can all play a role in the timeline of your workers’ compensation claim.
The workers’ compensation lawyers at Jebaily Law Firm want to help you pursue the maximum benefits you are due. If delays or disputes arise in your case, we can push back and fight for a fair settlement on your behalf. The sooner you get legal help from us, the sooner you can resolve your case and get the financial support you need for medical treatment, lost wages, and other workers’ compensation benefits.
Contact us today for a free consultation to learn more about your options and how we can help.
About the Workers’ Comp Settlement Process in South Carolina
Workers’ compensation cases in South Carolina follow specific steps. If a worker gets hurt on the job, they must report the injury to their employer within 90 days. Then, the employer must notify its workers’ compensation insurance company, which reviews the claim. If the insurer approves the claim, it should cover the worker’s medical treatment and pay partial wage-replacement benefits. The injured worker may negotiate for a lump-sum settlement for these benefits, which typically includes compensation for future medical expenses and disability benefits.
The South Carolina Workers’ Compensation Commission (SCWCC) must approve all settlements to ensure they comply with state laws and protect the employee’s rights. If an insurer denies a claim or challenges eligibility, the worker can request a hearing before the SCWCC. Some cases settle quickly, but disputes and medical issues extend the process for others.
Typical Timeline for a Workers’ Compensation Settlement in SC
The timeline for a workers’ compensation settlement in South Carolina varies. Simpler cases might be resolved within months, while more complex ones could take over a year. After an employee reports an injury, the insurance company investigates and decides whether to accept the claim. If it approves the claim, the worker should receive medical care and wage-replacement benefits.
Once settlement negotiations begin, reaching an agreement can take weeks or months. After both sides agree, the SCWCC reviews the settlement, which can take 30 to 60 days. If disputes arise, hearings and appeals might extend the process. The more complex the case, the longer the timeline.
Factors That Affect the Timing of a Workers’ Comp Settlement
Every workers’ compensation claim is different, but the following factors often play a role in how long a settlement ultimately takes:
- Recovery time – A settlement usually happens only after an injured worker reaches maximum medical improvement (MMI), at which point their condition has stabilized and is unlikely to improve with further treatment. If the worker is still receiving ongoing medical treatment, the insurance company might delay settlement until doctors determine the full impact of the injury.
- Disputes over the claim – If the employer or insurer questions whether the injury is work-related or disputes the severity of the injury, the case might take longer. A legal dispute can lead to hearings, additional medical evaluations, and appeals, all of which can extend the timeline.
- Employer and insurance company cooperation – Some employers and insurers process claims quickly, while others delay them. If an employer promptly reports the injury and the insurer reviews it without unnecessary requests for additional evidence, a settlement could happen sooner. If either party drags out the process, it will take longer.
- Pre-existing conditions – If the injured worker has a pre-existing condition, the insurance company might argue that the injury was not entirely work-related. That can lead to delays while medical experts review the employee’s medical history and determine how much of the workplace injury is covered under workers’ compensation.
- Legal representation – Injured employees with legal representation often reach settlements faster because lawyers know how to push back against unnecessary delays. However, if the case is complex and requires more negotiation or litigation, a workers’ comp attorney could also extend the process to secure a better outcome.
Common Delays in Workers’ Comp Settlements
Several issues could delay a workers’ compensation settlement. The duration of medical treatment is a common factor. Insurance companies typically wait for workers to reach MMI before engaging in negotiations. Disputes over injury severity or disability ratings can also slow things down.
In some cases, legal challenges create additional delays. If an insurer denies a claim or offers a low settlement, the worker might request a hearing. Scheduling the hearing, presenting evidence, and waiting for a decision can take months. If either party appeals, the process can take even longer.
Administrative issues can also slow down the settlement process. Insurance companies might take longer to approve a settlement due to missing paperwork, late responses, or procedural errors. An attorney can speed up the process by quickly responding to requests and providing necessary documents.
Legal Requirements for Workers’ Compensation Settlements
South Carolina law requires all workers’ compensation settlements to follow specific guidelines. The SCWCC must review and approve every settlement to ensure it meets state requirements and fairly compensates the worker.
If a worker accepts a settlement, they must sign a Form 16 or Form 16A acknowledging that they are giving up their right to seek additional benefits, even if their condition worsens. However, workers retain the right to request a hearing for additional benefits within one year. If the worker does not have an attorney, they must also attend an informal conference before a commissioner.
Lump Sum vs. Structured Settlements: Which Is Faster?
A lump-sum settlement is faster than a structured settlement. In a lump-sum agreement, the injured employee receives a single payment after SCWCC approval. Once the agreement is finalized, the employee typically receives the payment quickly.
A structured settlement spreads out the payments over time, often through monthly or yearly installments. While it can help with financial planning, it also takes longer to arrange. The insurance company and worker must agree on a schedule, and the SCWCC must approve the terms.
If an employee wants to resolve their workers’ comp claim quickly, a lump-sum settlement is often the better option. However, workers should consider their long-term financial needs before making a decision.
Contact Our South Carolina Workers’ Compensation Attorneys Today
If you are waiting for a workers’ compensation settlement or facing delays, help is available. A workers’ comp lawyer from Jebaily Law Firm can explain your rights, deal with the insurance adjuster, and work toward a fair outcome for you.
Contact our South Carolina workplace injury lawyers today to begin your free consultation and take the next step in your workers’ compensation claim.
