Columbia Workers Comp Settlements
Types of Settlements as explained by The Mike Kelly Law Group
In the eyes of the law a settlement means reaching an accord between the two parties, in this case the employee and employer. Often a monetary solution is reached due to the employee’s inability, either temporarily or permanently, to work and provide for themselves and their family. However, other benefits besides money might also be agreed upon. The settlement therefore sets out in writing the details of all the “benefits” and how they will be dispensed.
Process in South Carolina
Depending upon which state you are filing, workers compensation settlements may vary, however, the following are basic types:
- A Stipulated Workers Comp settlement
- A Compromise and Release settlement or a Full and Final settlement
- A Structured Workers Comp settlement
A stipulated workers compensation settlement is a desirable form of settlement if the employee is still with the same company after the accident and injury. This type of settlement allows for the case to be re-opened should changes need to be made to the already agreed upon benefits. It bears the same affect as a judge’s decision without having to go to court.
A compromise and release or full and final are settlements that cannot be modified after it is finalized. This type of settlement usually used in large cases. Though the employee gets a set amount of money and benefits, it does not exactly favor the employee. Should the employee’s condition worsen or change due to the accident, they have no recourse. It is final. Within the agreement you can calculate future loss of income, but once it’s signed there is no going back.
Structured workers compensation is similar to the compromise and release and is usually reserved for larger cases. This structure allows for payments to be made in installments. The injured party, in this case the employee, would have to agree to drop any lawsuit in order to receive the payments from the insurance company.
Depending upon what state you’re in, some states have even more categories of settlements.
How do I go from making a claim to getting my settlement?
The workers compensation process in South Carolina is complex and truly requires an expert who understands all the points, but the Columbia attorneys at The Mike Kelly Law Group can describe the process would be for settlements. After the employee, or claimant, recovers from their injuries as fully as possible the parties may consider settling the claim by signing a Form 16 (a request for, and not an agreement for, additional benefits within one year of settlements), and a settlement which could be for permanent disability and disfigurement compensation; or for an agreement and final release. If you, the claimant, is represented by an attorney, which is strongly suggested, then you do not have to go before the Commissioner for approval of the agreement unless specifically requested, otherwise both parties must appear before the Commissioner. If the parties cannot settle, then the Commissioner will set a hearing date. The process for meetings such as the informal conference is also complex with various forms and procedures. The reasons for not representing oneself in a workers compensation case process are too many to list, a key point to remember is that the defendant will definitely be represented by an attorney whose sole interest is the welfare of their client's interests and not yours. When a non-professional goes against a professional with a full knowledge of the law and the process, the odds are not in your favor to get the best results.
