Why It’s a Mistake to Settle Your Workers’ Comp Claim Without Legal Advice

You’ve been injured, gone through treatment, and now the insurance company is offering you a settlement. It might even sound pretty decent—enough to cover some bills or put money in the bank. But here’s the truth: once you settle, you can’t go back. And if you’re not careful, you could be signing away future benefits without even realizing it.


What does a workers’ comp settlement actually mean?

In South Carolina, a workers’ compensation settlement usually means you’re accepting a lump-sum payment in exchange for closing your claim—sometimes partially, sometimes entirely.

There are two common types:

  • Compromise Settlement (Form 16A): Usually used when there is a dispute or when future treatment is uncertain.

  • Clincher Agreement: A full and final settlement. It often closes your case forever—including your right to future medical care for the injury.


Why settling without a lawyer is risky

Here’s what most injured workers don’t realize before signing:

  • You may be underpaid for permanent disability you don’t even know you have yet.

  • Your settlement might not cover future surgeries, physical therapy, or medications.

  • The insurance company is looking out for their bottom line, not your long-term recovery.

  • The paperwork often includes complex legal language that waives important rights.


Ask yourself:

  • Have you reached Maximum Medical Improvement (MMI)?

  • Has your doctor fully assessed your long-term prognosis?

  • Do you understand how your injury affects your ability to work now—and in the future?

  • Has the settlement been reviewed by someone who works for you, not the insurance company?


Before you sign anything—get advice.

At Martin & Martin, P.A., we’ve reviewed hundreds of settlements and helped clients avoid costly mistakes. A quick, free consultation could save you from giving up benefits you’ll need down the road.

If you’ve been offered a workers’ comp settlement, don’t go it alone. Call us today for a free review. We’ll make sure you understand what you’re signing—and whether it’s truly in your best interest.