How Long Will It Take to Settle My Workers’ Compensation Case?
Many people think that their workers’ compensation case goes on too long. How long does it take to settle a workers’ compensation case in South Carolina? Well, each case is different. First, if your claim is accepted and your employer send you to the doctor for treatment you case goes on as long as you are getting treatment and have not yet reached maximum medical improvement.(Find out here was maximum medical improvement means)
Some people only need one or two visits with a doctor before they reach maximum medical improvement and others need years. The length of your medical treatment is the biggest factor in how long your workers’ compensation case will take.
Once you have reached maximum medical improvement your treating physician should give you a permanent impairment rating and determine if you have any permanent work restrictions. Depending on the treating physicians opinions, you may want to ask for a second opinion. The South Carolina Workers’ Compensation Commission typically will allow a second opinion. The second opinion doctor may agree with the first doctor; may request further treatment; or may just differ on the rating and future medical needs. If further treatment is granted, of course, your claim continues.
If you have reached maximum medical improvement and do not need a second opinion or the second opinion doctor has agreed with the first doctor, your claim may be ready for settlement. You and your attorney can determine if you need to see another doctor for an independent medical evaluation.
With all of the information from the treating physician, ratings and permanent work restrictions, your attorney can determine a proper settlement value of your claim. If your employer agrees to the value, you can go ahead a settle without a court hearing. If you and your employer cannot agree, a hearing will need to be requested from the South Carolina Workers’ Compensation Commission. At the hearing, a Commissioner will view all the evidence and listen to testimony. The Commissioner will then decide the value of your claim, if any future medical care will be ordered and will give you a year to come back to the Commission for physical change in condition for the worse.
No one can tell you how long your claim will last without detailed information about your case.
If you have any questions about your workers’ compensation case, please contact us today. You can also check out our website where we have a number of articles and videos to answer your questions. We are here to help you understand what is happening in your workers compensation case and to make sure you are getting all the benefits you are entitled to under the law.We have offices in Greenville, South Carolina and Fountain Inn, South Carolina to better serve you. Knowing all of your rights is imperative to make sure you are fully compensated after an accident. There is no obligation or charge for our initial consultation to see if we can help you with your workers’ compensation case. We look forward to helping you.
The information you obtain in this article is not, nor is it intended to be, legal advice. You should not read this article to propose specific action or address specific circumstances, but only to give you a sense of general principles of law. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction in which you may have a case.