You were hurt in an accident while doing your job for your employer. As required by law in all states except Texas, your employer had workers compensation insurance. A workers compensation claim was made, and you were approved for workers compensation benefits. Now, you have reached a point where you believe you are ready to settle your workers compensation claim.
Although the way that you settle and how you settle a workers compensation claim varies from state to state, there are 11 things that you really ought to consider before you settle your claim. They are:
No. 1 – In a workers compensation claim, you receive nothing for pain and suffering. In a personal injury claim, pain and suffering may be a significant part of your settlement. This is not so in a workers compensation claim.
No. 2 - Settlement in most workers compensation cases is made when medical treatment for your injury is completed. If it turns out that you need additional medical treatment for the injury at a point later on, you will have to pay for the treatment and any medication that you have to have. This means that it is a great idea to have any future medical treatment and medication that is needed for your injury included as a part of what you settle for.
No. 3 – In most workers compensation settlements there is no provision that is made for retraining or schooling.
No. 4 – As a general rule, workers compensation claims that involve surgery usually bring about a higher settlement than claims that do not involve surgery.
No. 5 – Your settlement will usually correspond to how much your weekly paycheck is. The higher your paycheck is, the greater your settlement will probably be.
No. 6 – If your injury has resulted in permanent work restrictions that are significant and your employer is not able or is not willing to accommodate these work restrictions, your settlement should be worth more.
No. 7 – If you have a permanent disability with a work history of manual labor and a limited education, in many instances you will get a better settlement than a worker who has your same permanent disability, but who has more varied job skills and a higher education.
No. 8 – The more weeks that have gone by in which you have received workers compensation benefits in a claim that does not involve a catastrophic injury, the less amount you will likely receive in a settlement.
No. 9 – The higher your disability is rated, the higher your settlement ought to be.
No. 10 – No two workers compensation claims are ever exactly alike. There are always going to be differences in workers compensation claims no matter how similar they are.
No. 11 – If you are going to receive the best possible settlement for your workers compensation claim, you are going to need a workers compensation attorney representing you. Remember this, your employer’s workers compensation insurance company will have an attorney representing them, even if you do not have a workers compensation attorney representing you.
- How Long Will it Take for my Workers Compensation Claim to be Processed (usworkerscomp.com)
- How do I Find Out the Status of my Workers Compensation Claim (usworkerscomp.com)