How Much Is My Workers’ Comp Case Worth in South Carolina?
Last Updated: April 24, 2025
By Pete Strom, Attorney at Strom Law Firm
Understanding Workers’ Compensation in South Carolina
Workers’ compensation is a system designed to provide wage replacement and medical benefits to employees who are injured or become ill while on the job. In South Carolina, there are three main types of benefits available:
- Medical Benefits: Covers all necessary medical treatment related to your work injury.
- Lost Wages: Provides compensation for time missed from work due to your injury.
- Permanent Disability: Offers benefits if your injury results in a long-term or permanent impairment.
Unlike personal injury claims, workers’ compensation in South Carolina does not cover pain and suffering. Instead, it focuses on compensating you for medical expenses, lost wages, and any permanent disability resulting from your injury. Learn more about workers’ compensation benefits at our Columbia Workers’ Comp Lawyer page.
Key Factors That Determine Your Case’s Value
The value of your workers’ compensation case isn’t determined by a single factor—it’s a combination of several elements. Here are the key factors that insurance companies and courts consider:
- Severity of the Injury: More severe injuries, such as those requiring surgery or long-term rehabilitation, typically result in higher compensation.
- Impairment Rating: A doctor assigns an impairment rating, which is a percentage reflecting how much your injury has impaired your ability to function. This rating plays a significant role in determining permanent disability benefits.
- Average Weekly Wage: Your compensation is based on your average weekly wage before the injury. This is calculated using your earnings over the 52 weeks prior to your injury.
- Future Medical Needs: If your injury requires ongoing medical care, this can significantly increase the value of your case.
- Type of Benefits: Depending on your situation, you may be eligible for temporary total disability, temporary partial disability, or permanent disability benefits, each with different calculation methods.
Understanding these factors is essential because they directly impact how much your case is worth. For example, a minor injury might settle for a few thousand dollars, while a severe, permanent injury could be worth hundreds of thousands.
How Settlements Are Calculated
In South Carolina, workers’ compensation settlements are often calculated using a specific formula outlined in the South Carolina Workers’ Compensation Act, Section 42-9-30. Here’s how it works:
- Permanent Disability: Each injured body part is assigned a specific number of weeks of compensation (e.g., 220 weeks for a lost arm). This is multiplied by your weekly compensation rate, which is 66.5% of your average weekly wage (up to the state’s maximum).
- Example: If your average weekly wage is $500, your weekly compensation rate would be $500 × 66.5% = $333.
- Temporary Disability: If you’re unable to work temporarily, you may receive weekly benefits equal to 66.5% of your average weekly wage.
- Future Medical Costs: If your injury requires ongoing treatment, the settlement may include an estimate of these future costs.
It’s important to note that insurance companies often aim to settle for the lowest amount possible. Having an experienced lawyer can help ensure you receive a fair settlement that accounts for all your needs.
When to Consider a Settlement and When to Fight for More
Settlements can provide a quick resolution to your case, but they’re not always in your best interest. Here’s when you might want to consider a settlement:
- If your injury is minor and you don’t expect significant future medical needs.
- If you want to avoid a lengthy legal process.
However, if your injury is severe or the insurance company offers a low settlement, it might be worth fighting for more. Going to trial can be a longer process, but it ensures you receive the full compensation you deserve. An experienced workers’ compensation lawyer can help you decide whether to settle or take your case to trial.
FAQ: Common Questions About Workers’ Compensation Settlements
To address user intent and capture featured snippets, here are answers to the top four “People Also Ask” questions related to workers’ compensation settlements:
What is the average workers’ compensation settlement?
There is no “average” settlement amount because each case is unique. However, settlements can range from a few thousand dollars for minor injuries to hundreds of thousands for severe, permanent disabilities. Factors like the severity of your injury, your impairment rating, and future medical needs all play a role.
How is a workers’ compensation settlement calculated?
Settlements are calculated based on factors like the severity of your injury, your impairment rating, your average weekly wage, and any future medical needs. In South Carolina, permanent disability settlements use a formula that assigns specific weeks of compensation to different body parts, multiplied by your weekly compensation rate (66.5% of your average weekly wage).
Do I need a lawyer for my workers’ compensation settlement?
While it’s not required, having a lawyer can significantly benefit you. Studies show that workers represented by attorneys often receive higher settlements than those who handle their claims alone. A lawyer can help negotiate a fair settlement and ensure you don’t leave money on the table.
How much of my workers’ compensation settlement can I keep?
After deducting attorneys’ fees (if applicable), medical bills, and other costs like Medicare set-asides, the remainder is what you keep. It’s important to understand all potential deductions before accepting a settlement to ensure you’re getting the full value of your case.
Conclusion: Protecting Your Rights with the Strom Law Firm
Understanding the value of your workers’ compensation case can be complex, but you don’t have to navigate it alone. At Strom Law Firm, we’re committed to helping injured workers across South Carolina, including in Columbia, Lexington, and Orangeburg, get the compensation they deserve. Whether you’re dealing with a minor injury or a life-altering disability, our experienced team can guide you through the process and fight for your rights.
If you have questions about your workers’ compensation case or need help determining its value, don’t hesitate to reach out. Call us at (803) 252-4800, use our contact form, or try our live chat for immediate assistance. We’re here to support you every step of the way, and our firm also serves clients nationwide for practice areas like civil rights.
