Lump-Sum settlement for Being Permanently and Totally Disabled From Employment
Have you beenpermanently and totally disabled from being gainfully employed by an accident that occurred while you were working for your employer? You may wonder if it is possible for you to receive a lump-sum settlement because the accident at work has caused you to become permanently and totally disabled.
The answer depends on several things. Some of these are:
Was your employer covered by workers’ compensation insurance? In every state except Texas, most employers are required by law to carry workers’ compensation insurance. Even if your employer did not have workers’ compensation insurance, you may still be able to get a lump-sum settlement if you have become permanently and totally disabled as a result of an accident while you were working for your employer.
Was a workers’ compensation claim filed after your accident at work? If it was, that is the first step in getting a lump-sum settlement because of becoming permanently and totally disabled from being gainfully employed. If a workers’ compensation claim was not filed, you need to find out what the Statute of Limitations (deadline or timeline) is for filing a workers’ compensation claim in your state. If it is not too late, you need to file a workers’ compensation claim.
Have you been receiving workers’ compensation benefits? If so, these were for your medical expenses and lost wages in anticipation of you being able to return to work for your employer.
Requirements for getting a lump-sum settlement
Now that you are permanently and totally disabled from being gainfully employed, what do you have to do to receive a lump-sum settlement? This depends on the state that you live in.
In Oklahoma, you are required to prove that you are unable to engage in any substantial gainful employment given your age, education and experience. Your settlement would be 70% of your average weekly wages as long as it does not exceed Oklahoma’s average weekly wage.
In California, if it is established that you are permanently and totally disabled, you may receive either an Award of permanent disability that is paid to you in weekly amounts with medical care, or you may receive what is referred to as a Compromise and Release that is a lump-sum payment without any additional medical care being paid for by the workers’ compensation insurance company.
The key
The key to being able to get a lump-sum settlement in any state is proving that you are permanently and totally disabled from being gainfully employed. In many instances, this is not an easy thing to do. You will need the help and guidance of a workers’ compensation attorney to do this.
The best thing to do is to get the representation of a workers’ compensation attorney in your state. A workers’ compensation attorney will know what the workers’ compensation laws are in your state with regard to being able to get a lump-sum settlement for being permanently and totally disabled due to an accident while you were working for your employer.
It is important that you do not delay. Get in touch with a workers’ compensation attorney, today.
Related articles
- Handling Your Own Workers’ Compensation Case, Is it too Late to Get an Attorney (usworkerscomp.com)
- Changing Employers and Getting Workers’ Compensation (usworkerscomp.com)
- Doctor Releases to Full Duty, I Don’t Think I Can Do the Job (usworkerscomp.com)
