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Workers' Compensation

How to Negotiate a Settlement in Workers’ Compensation Claims

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The answer is simple, it depends on many factors including your work history, medical condition, and the severity of your injury. The average settlement for a workers’ compensation case varies greatly depending upon these factors.

Negotiate a Settlement in Workers' Compensation

The question then becomes how do I negotiate a settlement for a workers’ compensation claim?

There are several ways to approach this situation.  Below are just a few examples:

1) You can tell your employer or insurance carrier that you want to accept their offer because you feel that it is fair and reasonable. However, if you are not satisfied with the amount offered, you may decide you need the help of legal counsel.

2) You can call an attorney who specializes in workers’ compensation law and ask him/her to help you negotiate a better settlement. It is important to remember that attorneys are commonly paid when they win or settle your case, so they usually will only be willing to take on your case if they are confident they can add value.

3) You can wait until your doctor releases you from treatment and then contact an attorney for help. Your lawyer may be able to get a better deal for you based on the fact that he/she knows exactly where you stand medically.

4) You can refuse to sign any agreement until you have received a written explanation as to why the insurer is offering this figure. Then, you can either accept the terms of the agreement or reject it and contact an attorney.

 

You can try to negotiate a settlement yourself, but there are several reasons why this is difficult:

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  • You may not be aware of all of your rights are under the law.
  • Insurance companies are not on your side and do not want to help you get the settlement you deserve.
  • You may not yet know the extent of your injuries, and may not ask for enough to cover all of your ongoing medical expenses.  Doing so could leave you without enough money to pay your medical bills.
  • You may not fully understand what you are being asked to sign.
  • You may be asked to return to work before you fully heal.

 

 

What affects my workers’ compensation benefits?

Your worker’s compensation benefits depend on several factors.

Some considerations are:

1. The type of injury you suffered.

2. The severity of your injury.

3. Your work history.

4. The extent of your disability.

5. Any other factors that affect your ability to return to work.

6. The cost of your treatment.

7. The percentage of permanent impairment you suffer as a result of your injury.

8. Whether you have a preexisting condition.

9. Whether you were working full time or part-time when you got injured.

10. Whether you have received any prior awards.

11. Whether or not you have made any fraudulent statements about your injury.

12. Whether or not you failed to cooperate with your employer during the investigation of your injury.

 

 

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When will I start receiving benefits?

 

Generally, you will start receiving benefits within a few weeks.

 

What happens if I don’t reach a settlement on my own?

If you are unable to reach an agreement with your employer and their insurance company on your own, you may need to contact an attorney for help.  All in all, workers’ compensation claims are complicated.  We hope you don’t need to contact an attorney to help with your claim, and that it all goes smoothly between you, your employer, and their insurance company.  However, if it does not, the best way to handle your case moving forward would be to hire an experienced lawyer to handle your dispute.

 

The experienced attorneys at Oxner + Permar, pllc are here to answer any questions you may have.

Connect with us today.