By: Heath Hamacher//October 14, 2021
A plaintiff who T-boned an oncoming vehicle has settled their workers’ compensation claim against their insurance carrier for $1.15 million, their attorneys report.
Christopher Hart of Hart Law in Columbia and Justin Bamberg of Bamberg Legal in Bamberg represented the injured worker, whose name was withheld pursuant to a confidentiality agreement. Hart said that despite being airlifted to the hospital and undergoing emergency surgery, the crash left the client paralyzed from the waist down.
The client had to travel out of state several days a week to receive adequate care for the required injuries for extensive rehabilitation and treatment with several medical professionals, Hart said.
Hart said that post-rehabilitation, insurance carrier Gallagher Bassett Services was required to modify the client’s home and vehicle for wheelchair accessibility but that the claims process included much “hand-wringing” and “tug-of-war” with the Illinois-based carrier. As the client rehabilitated from catastrophic injuries, Hart said, the carrier declined to approve medical treatment.
“On a daily basis for over three years we were constantly calling, emailing, faxing, writing letters to the insurance carrier ensuring the client’s medical treatments were approved and paid,” Hart said.
Bamberg added that the plaintiff was adamant about not allowing the carrier to call the shots going forward.
“Our client is now in control of all future medical treatment,” Bamberg said.
The plaintiff’s injuries preclude them from doing the job they did before the crash. Hart said that his client has found other employment but with limited hours.
Hart said that his client is doing much better, under the circumstances, and continuing to work at once again becoming self-sufficient.
“Paraplegic therapy support groups and counseling has played a tremendous role in our client’s positive health gains,” Hart said.
Pursuant to a confidentiality agreement, many details of the case, including names of the parties, the defense counsel, and location of the crash were withheld.
SETTLEMENT REPORT – WORKERS’ COMPENSATION
Amount: $1.15 million
Injuries alleged: Paraplegia
Case name: Withheld
Court: South Carolina Workers’ Compensation Commission
Case No.: Withheld
Date of settlement: Oct. 7
Most helpful experts: Janice Holloway (life care planner)
Insurance carrier: Gallagher Bassett Services of Rolling Meadows, Illinois
Attorneys for plaintiff: Christopher Hart of Hart Law in Columbia and Justin Bamberg of Bamberg Law in Bamberg
Attorneys for defendant: Withheld