You had an accident on the job in which you sustained injuries that have kept you from working for a considerable period of time. Your employer was covered by workers compensation insurance. Your claim for workers compensation benefits was approved, and you are getting benefits. You believe that you are now ready to settle your workers compensation claim. What you want to know is how to settle your workers compensation claim.
The first thing that you need to make sure of is that it is in your best interests to settle your workers compensation claim. For example, if you are out of work and are getting weekly workers compensation checks, the right thing to do may not be settling your workers compensation claim. If you cannot do your old job at the rate of pay that you were getting before your accident at work, it may not be in your best interests to settle your workers compensation claim.
Complicated and involved
If you really want to know how to settle your workers compensation claim, the best thing that you can do is to sit down and talk with a workers compensation attorney. Settlement of a workers compensation claim may be complicated and involved. Having the expertise and advice of a workers compensation attorney may prove to be invaluable.
Think about this. The insurance company will be represented by an attorney or group of attorneys. Do you really want to go up against one or more attorneys by yourself with no legal counsel on your side.
Also, you need to understand that when you settle your workers compensation claim, you are entering into an agreement where you are accepting a monetary amount as full satisfaction for your injuries. Once the settlement is accepted, that ends the insurance company’s responsibility to you in regard to this accident and these injuries. Should you have problems with your injuries in the future, you will have to take care of them.
Settling your claim
With these things in mind, and assuming you are going to try and settle your claim without the help of a workers compensation attorney, here is how to settle your workers compensation claim.
You need to check with the Department of Labor in your state to find out what your rights are. You also ought to find out what the appeals process is for your state.
You need to either request or get a settlement proposal from your employer’s workers compensation insurance company.
Carefully look over and review the settlement proposal and see if you believe it is fair. Look it over to see if it is going to provide for and cover the expenses that you have incurred or will incur.
Notify the insurance company that you are either accepting or rejecting the settlement offer. If you accept the settlement, you will probably have to sign legal forms that waive your rights to later appeal the settlement. If you reject the settlement, you will be asking a review board to determine what a fair settlement is.
Hopefully, it should be obvious by now that how to settle your workers compensation claim is by having a workers compensation attorney representing you and getting you the best possible settlement.
- How do I Find Out the Status of my Workers Compensation Claim (usworkerscomp.com)
- 11 Things to Consider Before Settling Your Workers Compensation Claim (usworkerscomp.com)