Workers' Compensation

What happens when I settle?

It depends exactly what you mean by “settle.” If you take the rating in your case then you’ll sign an Industrial Commission form and the adjuster will send it into the Commission for approval. Once it is approved the insurance company will pay the rating out to you. This usually occurs over a period of weeks however sometimes the adjusters are willing to do it in a lump sum.

In this situation you are still entitled to medical treatment. We recommend at least an annual visit to the doctor to make sure your condition is stable. This also keeps the claim active with the insurance company.

If you enter into a complete settlement, or clincher, then you’ll sign a lengthy document. That settlement agreement will go to the Industrial Commission for approval. Once approved, the adjuster must pay you out promptly. Unless you’ve agreed to different terms these settlements are paid out in a lump sum.

While it is occasionally possible to settle only the portion of the case involving weekly checks and leave the medical portion open that doesn’t happen often. In all honesty we’ve found adjusters very difficult to deal with when there is ongoing medical treatment. It seems that because we don’t have a lot of leverage over them in terms of future weekly checks they get a bit slack. Frequently, we’ve needed to go to a hearing to enforce the treatment that was promised by them.