Legal Question in Workers Comp in South Carolina
back injury settlement
My husband injured back again at work. He�s 58. MRI showed bulging disc. Also has 5 levels with degeneration, bulging, spinal stenosis, spondylosis, slipped disc, muscle, ligament and nerve damage. He�s in pain all the time. Got 2 ESI�s & PH with temp. relief. WC has paid all med bills, wkly chk., etc. since Dec 2008 to present. Neurosurgeon said nothing could be done surgically cuz back so bad & too many levels damaged. Placed on MMI in May 08, gave work restrictions & 17% rating for back & 13% whole person. Company won�t accommodate because job calls for lots of walking, driving, lifting, bending, etc. He doesn�t have a college degree and has only done same type of work for 33 years, which he can no longer do. We filed for LTD & claim approved. We also filed for SSDI at end of May. Haven�t heard yet from WC re: settlement date. Could attorney get him higher rating? Would using an attorney end up delaying everything? Can we just pay attorney to review settlement offer? How does WCI calculate his wage loss and future wage loss if he�s not able to work again? Does the settlement include payment for the rating, payment for loss of future wages and payment for future medical?
2 Answers from Attorneys
Re: back injury settlement
In S.C., the maximum your husband can recover under WC is 500 weeks, minus the number of weeks he has already received. This would be for a finding of 100% permanent and total disability. It sounds like your husband has such a case. He could also receive lifetime medical benefits for his injuries if found totally disabled.
Get an offer from the insurance company and then hire an attorney. The attorney can only charge you a fee of 1/3 of the amount he recovers over the amount that has already been offered. For example, you get an offer of $30,000 from the insurance company, the attorney is able to settle your case for $40,000, he can only take a fee of 1/3 of the additional $10,000 he negotiated. If the insurance company will not make you an offer, the attorney should only take a fee of 1/3 over the current rating. A 17% rating to the back is worth 51 weeks.
It should not cause much of a delay to hire an attorney. On the other hand, if you do not have an attorney put the appropriate language in his WC settlement, it will have a very significant negative impact on his Social Security benefits.
Please let me know if I can be of assistance with your claim.
Re: back injury settlement
I have read Mr. Martin's answer to you and he did a good job and is correct. You need to understand insurance companyies are not on your side. They take in money in the form of premiums, pay out claims, and other than operating expenses, the balance is profit. Therefore, the less they pay out in claims the more profit they make. The reason that an attorney can be so valuable, is that an insurance company understands the recourse that an attorney has should the insurance company not tender a fair offer. On the other hand, without an attorney the insurance company will feel safer in making a low offer. Whatever you do please consult with an attorney prior to signing anything. If you have a medical problem you should consult with a doctore. If you have a legal problem, you should consult with an attorney.
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