After a work-related injury, you may require ongoing medical care, even after you’ve resolved your workers’ compensation claim. If your treatment continues, the question becomes: who pays for that treatment and for how long? For some workers, it makes sense for the workers’ comp insurance carrier to be responsible for future care. In other cases, injured workers may be better served by accepting a lump sum payment and taking over their own medical costs.
In the workers’ comp system, this is a decision between accepting a clincher agreement or leaving your future medicals open. At Joye Law Firm Injury Lawyers, our South Carolina workers’ compensation lawyers review your unique needs and circumstances before helping you choose your best path forward.
What “Future Medical” Means in a South Carolina Workers’ Comp Claim
“Future medical” refers to treatment for a work-related injury that’s still needed even after you reach maximum medical improvement, or after your disability benefits are resolved. Depending on your injury, that can include surgery, injections, prescriptions, physical therapy, diagnostic imaging, pain management, medical equipment, and follow-up care. South Carolina law requires employers to provide qualifying medical treatment for covered work injuries, subject to the Workers’ Compensation Act and the terms of any settlement or order.
Options for Handling Future Medical Care
At the end of a workers’ compensation claim where future medical costs are expected, there are a few options on how those future medical bills will be handled. Injured workers can “Leave Future Medical Open” or use a “clincher” agreement to pay a lump sum upfront. They may also need to create a Medicare set-aside account to protect their future Medicare benefits. Read on to understand the pros and cons of these options and how to best protect your right future medical care.
Leaving Future Medical Open
While you may want to settle your case completely and receive a lump-sum payment for your future medical coverage, you are not required to do so. In fact, there is no requirement mandating that you accept a lump-sum payment for future medical costs. Likewise, there is nothing that requires the workers’ compensation insurance carrier to pay a lump sum to settle this aspect of a case.
In many cases, your South Carolina workers’ compensation lawyer at Joye Law Firm Injury Lawyers will instead advise you to request a hearing before the South Carolina Workers’ Compensation Commission. The Commission can decide your claim for disability benefits and may protect your right to ongoing payment of medical bills. This can be beneficial because Medicare may not fully cover certain types of ongoing treatment costs, such as prescription expenses.
In order for the Commission to award you ongoing medical coverage, your treating physician must prepare a summary report or complete a Form 14B using very specific language. Your doctor must specify that your future medical treatment needs are expressed in the form or in the summary “to a reasonable degree of medical certainty.”
While doctors may overlook this question or fail to use proper language, failure to fill out the form completely or failure to use the correct language may hinder your claim and prevent you from being awarded ongoing or future medical coverage. This is why it is so important to have a South Carolina workers’ compensation attorney if your injury requires ongoing treatment. Your lawyer can work to ensure your doctor has completed all forms correctly or can otherwise take action to protect your rights and make sure that all future medical costs are covered.
There is another caveat to be aware of when considering leaving medical open, too. If there’s a lapse in treatment exceeding one year, this benefit becomes null and void. Our experienced workers’ comp lawyers have guided numerous clients through safeguarding this coverage. This is particularly critical for disabling injuries, which may worsen over time. Even if you don’t currently require injections or surgery for your work injury, extensive treatment might be necessary in the future. Allowing a lapse in coverage means bearing these expenses out of pocket through your own health insurance.
In South Carolina, the settlement form matters. A Form 16 or Form 16A can resolve permanent disability or disfigurement while preserving a limited right to seek additional benefits. Under S.C. Code § 42-15-60, an employer is not required to provide further medical treatment more than one year after full payment of a Form 16 or Form 16A settlement unless the agreement specifically says otherwise.
Keeping medical responsibility open under a settlement or order may make sense when your doctor expects ongoing medication, injections, replacement hardware, or surgery that cannot yet be scheduled. It can reduce the risk of having to fund expensive care yourself. The trade-off is that treatment may stay within the workers’ compensation authorization process, and disputes can arise over whether later care is related to the original injury.
How a Clincher Agreement Works in South Carolina
A full and final Agreement and Release is often called a “clincher.” It closes a South Carolina workers’ compensation claim in exchange for a negotiated settlement. Unless the agreement specifically preserves certain benefits or obligations, it generally ends the employer’s responsibility for future compensation and medical expenses.
Settlement paperwork must be filed with the South Carolina Workers’ Compensation Commission. Once the clincher is approved and certified as binding, the worker generally cannot seek additional payments later just because their medical condition worsens.
Before a settlement is finalized, the medical record should show where your recovery stands and what treatment may still be needed. A Form 14B physician’s statement can document permanent impairment, work restrictions, and future medical needs. You should also identify unpaid authorized bills, pending procedures, prescriptions, and any treatment recommendation that is not yet reflected in the settlement.
Before signing, make sure you know exactly which medical rights are closing, which obligations remain open, and how Medicare or other coverage may fit in. If Medicare has an interest in the claim, that review may include a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA).
A clincher can provide finality and a lump-sum payment. It may also give you more control over where you seek care after the workers’ comp insurance carrier’s responsibility ends. However, the money needs to last a lifetime, not just until your next appointment. You must consider all projected procedures, medication, therapy, equipment, provider charges, and any future costs Medicare may not cover.