Workers’ Compensation Settlements

Imagine experiencing a normal day at work, when you are unexpectedly injured. Suddenly, you find yourself in a situation where your ability to earn your regular income is compromised, and medical expenses begin to accumulate. Workers’ compensation settlements serve as a safety net for employees in such circumstances, providing financial assistance and covering medical costs. Navigating the process of reaching a fair settlement may be difficult and complex. This guide is designed to explain the process, offering clear and practical advice to help you get the support you need for your recovery and eventual return to work.

A workers’ compensation settlement is an agreement between an injured worker and their employer (or the employer’s insurance company) that resolves a claim by providing financial support. This agreement typically provides the worker with a lump sum payment or a structured payment schedule in exchange for resolution of the claim.

When considering the different types of workers’ compensation settlements, it is important to understand the two (2) main types available to injured workers, each with its own set of pros and cons:

1. Lump-Sum Settlement: A one-time payment that covers all future expenses related to the work injury. This option provides immediate financial relief but requires careful consideration to ensure it takes into consideration potential long-term needs.
2. Structured Settlement: Payments spread out over a prolonged period of time, which can provide steady financial relief and may cover the cost of ongoing medical treatments.

The following factors may influence the agreed-upon settlement amounts:

• Medical Expenses: The cost of past, current and future medical care and expenses is often considered when determining the settlement amount.
• Wage Loss: Settlements often account for wages lost due to the injury, including both past lost wages and the potential loss of future earning capacity.
• Severity of Injury: More severe injuries typically result in higher settlements due to increased medical costs and the potential for long-term disability.

These factors collectively shape the settlement’s structure and size, ensuring it aligns with the worker’s needs and the injury’s consequences.

The settlement process involves negotiation between you (the injured worker) and the insurance company. It is essential to understand your rights and the value of your claim before entering negotiations. Here is a simplified overview of the process:

1. Medical Treatment Completion: You should first reach maximum medical improvement (MMI), meaning your condition has stabilized and is unlikely to improve significantly with further medical intervention. At this point, it is likely that your healthcare provider has determined that you have reached a plateau in your recovery, and that any further treatment would be focused on managing remaining symptoms or disabilities, instead of treating the underlying injury.
2. Claim Evaluation: Both parties then review the claim to determine its value, considering medical costs, wage losses, and disability ratings.
3. Negotiation: Next, you will negotiate with the insurance company to agree on a settlement amount that is acceptable by both parties.
4. Approval: Most states require workers’ compensation settlements to be reviewed and approved by a workers’ compensation judge or board to ensure that the agreement is fair, adequately compensating the injured worker for their injuries, lost wages, medical expenses and any other relevant medical damages.

Upon the judge’s approval, the settlement becomes legally binding, and the injured worker receives the agreed-upon compensation. This approval process helps protect the rights of injured workers and ensures that they receive fair and just compensation.

While it is possible to navigate the workers’ compensation settlement process on your own, having experienced legal representation can positively impact the outcome. A skilled workers’ compensation attorney can:

• Evaluate Your Claim: They can accurately assess the value of your claim, ensuring you do not settle for less than you deserve.
• Negotiate Effectively: Lawyers have the experience negotiating effectively with insurance companies to help you secure a better settlement.
• Handle Complexities: They understand the legal and procedural nuances of workers’ compensation laws, helping to avoid pitfalls that could jeopardize your claim.

If you are considering filing a workers’ compensation claim, here are some steps you can take in preparation:

• Gather Documentation: Collect all medical records, bills, and any documentation of wage loss related to your injury.
• Understand Your Needs: Consider your current and future medical and financial needs to determine what settlement type is best for you.
• Seek Legal Advice: Consult with a workers’ compensation lawyer to discuss your case and explore the options available to you.

With the right documentation and legal support, you’re better positioned to handle the settlement process effectively.

Workers’ compensation settlements can provide much-needed financial support and medical care for injured workers. However, navigating the settlement process requires a thorough understanding of your rights and the value of your claim. By preparing adequately and acquiring legal representation, you can ensure that you receive a fair and just settlement that meets your needs.

At Markey Law Partners, we specialize in helping injured workers handle the complexities of workers’ compensation settlements. Our team of experienced attorneys is dedicated to advocating for your rights and ensuring you receive the compensation you deserve. If you are dealing with a work-related injury and considering filing a claim, contact us today to learn how we can assist you in achieving the best possible outcome.