What Is a Stipulated Award for Workers’ Compensation?

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Most workplace injuries involve fairly limited worker claims. The injured employee has clearly defined medical expenses and misses a few days or a few weeks of work and receives compensation for those losses. However, there are workplace injuries that are more long-lasting and, perhaps, of indeterminate duration. When a workplace injury appears as if it might go on for an unpredictable length of time – or results in death – employers and employees or their families might want to seek closure rather than continue Workers’ Compensation payments that could become the subject of contention.

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Workplace injuries sometimes result in an offer of or discussions about a stipulated settlement of your Workers’ Compensation claim. If you find yourself in this circumstance, talk to a Rock Hill Workers’ Compensation attorney. The attorneys of Elrod Pope Law Firm can help you with your situation.

Stipulated Award FAQs

What is a stipulated award?

Under South Carolina law, a stipulated award is a negotiated agreement between the employer and the employee – or in the case of a workplace death, the employee’s heirs – regarding compensation for the workplace injury. Often this will involve a lump-sum payment rather than ongoing periodic payments. Any stipulated agreement must be accompanied by a memorandum of agreement, a complete medical report, and be approved by the Workers’ Compensation commission, which has the power to void, adjust, or correct the agreement as the commission sees fit.

What if the employer and employee can’t agree on a stipulated payment?

If the employer and employee can’t reach an agreement on compensation within the permitted time period or if they reach an agreement but then disagree about continuing weekly payments, either side can seek a hearing before the commission to resolve any issues.

Can you appeal a decision on a stipulated award?

If either party decides it is dissatisfied with the stipulated award, that party can file for review of the stipulation by the commission. The commission will review the stipulation only if “good grounds” are shown. If they are, they can review any evidence, including new evidence, hear arguments, and, if appropriate, amend the stipulated award.

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