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Holland & Usry, P.A.

After I settle my workers’ comp case, when do I get my check?

If you feel guilty about asking, stop. You’ve lost work and income. You may need the money to catch up on some bills. It’s the responsible thing to make plans and budget carefully when you receive money, and that includes a settlement.

That’s why we work to get you the money as quickly as we can.

But here’s the answer: it does take a little time to get your check, but it’s because workers’ compensation law imposes some requirements to protect you. Settlements must be filed with the Workers’ Compensation Commission and attorney fees and costs must be approved by the Commission.

Here’s how it works ordinarily:

  • We agree to settle the case with the workers’ compensation insurance company that handles your benefits.
  • We get settlement documents laying out the agreement. We review them closely to protect your rights, especially since they can impact your ability to get free future medical care for your injuries, depending which settlement option you chose. If you’ve been declared permanently and totally disabled, you can bet we’ll be extra careful about preserving your rights to the most extensive benefits known in workers’ comp. If the documents aren’t right, we make changes to protect you.
  • The check usually comes with the settlement documents. We deposit that in our trust account, a special account safeguarding your money.
  • Once the documents are ready for you to sign, you sign. Naturally, we explain them to you beforehand, since they’re often incredibly complex “legalese”—which can be just plain ridiculous. We return them to opposing counsel to file with the Commission, or we file them ourselves.
  • You also sign a Form 61. It’s an official form from the South Carolina Workers’ Compensation Commission. It details who gets paid from the settlement, including our fees and costs paid from the settlement check. We send that to a Commissioner with an order approving the fees and costs.

When we get the filed copies of the settlement documents, the form 61, and the order approving our fees and costs, it’s official! You get your check.

It’s Worth A Little Wait

While the process takes longer than we want—usually a few weeks—it’s to be sure no injured worker gets taken for a ride by an insurance company—or even a dishonest lawyer.

Naturally, if you’ve hired us, you’re not worried about that.

If you have questions about your potential comp settlement or any aspects of your comp case, feel free to email us right where you are to get them answered. We’re here to give you peace of mind and help you find your way in what’s often a hard, confusing time.

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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