To start the 16A process, your doctor must document your medical condition, your anticipated future medical requirements, and your work restrictions with Form 14B. Your employer’s insurer must then file a Form 18 to request an informal conference, at which a deputy SCWCC commissioner will:

  • Consider your doctor’s Form 14B
  • Assign you a PPD rating
  • Review the terms of your proposed 16A agreement
  • Submit your Form 16A (signed by all parties) to the SCWCC for approval

If an agreement is not reached in the informal conference, the deputy commissioner can schedule an evidentiary hearing before the SCWCC.

Evidentiary Hearing

In an evidentiary hearing, the SCWCC will make a decision on the amount of your PPD settlement and the future medical care that workers’ comp will cover. Once you receive your settlement, you may re-open your claim within one year if your medical condition worsens. The services of a workers’ comp lawyer are highly recommended if your claim goes to an evidentiary hearing. The insurer’s attorneys will be present, so you will need someone in your corner who is familiar with the hearing procedures and the tactics the insurer will use to save money on your claim. Your attorney can help you by:

  • Submitting a Form 50 to request the hearing
  • Organizing your evidence and presenting it convincingly
  • Preparing you to testify
  • Presenting further evidence from your doctor, a vocational specialist, and/or other expert witnesses
  • Making sure you observe all deadlines and procedural requirements.

Pros and Cons of a Lump-Sum Settlement

When you accept a lump-sum settlement, you generally save time, get your money sooner, and avoid going to court to fight for a fair award. You may also see your own doctor, rather than the doctor approved by your employer’s insurer, for any necessary treatment in the future. On the other hand, you give up the option of receiving lost-wage benefits and reimbursement of future medical expenses, for which you will be financially responsible.

Finalizing Your Settlement

Once you and the employer’s insurer have agreed on the type of settlement and the amount you’ll receive, the insurer will forward the settlement agreement to your attorney, who will review it carefully to be sure it’s correctly drafted and in your best interest. Your settlement check will generally accompany the agreement, and your lawyer will deposit the check in a special trust account. You will then be called in to review and sign the settlement agreement, as well as a Form 61 specifying the fees and costs to be paid to your attorney, which will then be submitted, by either your attorney or insurer’s attorneys, to the SCWCC for approval.

Once your attorney receives copies of the approved, filed settlement agreement and of Form 61, attorney fees will be deducted, and you’ll receive your check. It’s impossible to say exactly how long this will take, but you can hope to receive your settlement within a month or two after all documents are submitted to the SCWCC. The final step in the settlement process is your signature on a SCWCC Form 19, which confirms your receipt of your final award. Once Form 19 is signed, your case will be closed.

Have You Been Injured on the Job in Myrtle Beach, South Carolina?

If you've been hurt at your job, you can speak with a workers' compensation lawyer. Please contact us online or call our Myrtle Beach office directly at 843.488.3165 to schedule your consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach, Florence or North Charleston office locations.


Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.