Why You Might Be Able To Settle Your Workers' Compensation Claim

Usually, when you are injured and another party is at fault, you would file a lawsuit to receive compensation; however, if you are injured while at work, you will probably not be able to file a lawsuit. Instead, your injuries are covered by a workers' compensation insurance policy. However, you might eventually need to settle with the workers' compensation insurance provider just like you would if you took legal action against a negligent party.

Insurance Mandates

Employers in most states are required to purchase workers' compensation insurance. The insurance aims to pay for medical costs, injuries, and lost wages resulting from the accident at work.

What to Do After an Accident

When you are injured at work, you must notify your employer so they can then file a workers' compensation insurance claim. You should seek medical attention for your injuries to recover quickly. 

Settlement Options

If the insurance provider approves your claim, they will pay out regular benefits. However, you could negotiate a lump sum settlement if you would like. You will receive the total value of your claim immediately. If you settle your workers' compensation claim, you may also receive a structured settlement and payments over an extended period. 

Negotiating a Settlement

When negotiating a settlement, you have the right to accept or reject the settlement offer. Therefore, it's necessary to ensure that you fully understand how much your case is worth to decide if you should take the settlement offer.

Suppose you have not received a fair settlement offer. In that case, you must discuss with your workers' compensation attorney whether you should contest the settlement offer. Your case will go before an administrative law judge, and they will determine what level of compensation would be appropriate. The judge is specialized in handling workers' compensation cases.

Returning to Work

After negotiating a settlement, you must determine if you can return to work. You might feel ready to return to work, but your doctor might disagree. You might feel like you're not prepared to return to work, but your employer might pressure you to return.

Protecting Your Rights

Going back to work early is risky because you might not be able to perform your job sufficiently, and your employer might terminate your employment. However, your employer cannot terminate employment simply because you filed a workers' compensation claim. Discussing conflicts with your employer with your workers' compensation attorney would be ideal.

For more information, contact workers' compensation lawyers such as Neifert Byrne & Ozga.