Legal Question in Workers Comp in South Carolina

Re: Deep laceration to left lower extremity

You need an attorney to review your records and speak to you to evaluate the case for a settlement. Many factors must be considered to get a fair settlement and all must be evaluated on a case by case basis.

Re: Deep laceration to left lower extremity

You ask what a fair settlement is. It depends on a number of things. You said you have 7% "permanent loss." The correct medical terminology would either be in terms of an "impairment" or a "disability." That could make a difference. A review of your medical reports would be necessary. It also depends on whether it is 7% to the "whole person" or to that particular extremity. In your case I suspect it is to that extremity. These cases are settled in part by a formula that is in the South Carolina Code of laws, that involves using a preset number (weeks), that is then muliplied by your two thirds your average weekly wages, then again muliplied by your disability rating. That is just the starting point. This amount is then negotiated to a higher amount so that the case can be what is called, "clinched," which would be an incentive for the insurance company to settle for a higher amount. Then on top of that there would be a claim based on scarring and disfigurement. That amount becomes subjective and is too involved to explain in this answer. Based on the circumstances of the injury, there is always the possibility of what is called, "third party" negligence. Because these things become legally complicated, it isi strongly advisable to be represented by an attorney. Sometimes a claimant can settle a claim for a satisfactory amount by themselves. However, the insurance company is far more likely to offer more if there is an attorney involved as they know that the attorney has the resources to take the claim before the Commission if the offer is not suitable. I have handled many WC claims and strongly advise you to consult with an attorney. Your welcome to call if you have any other questions. Robert Johnston. [email protected]