You and your employer's workers compensation insurance
company may choose to close out a case.
Closing out a case is usually done with a one-time, lump
sum payment. In return, you give up the right to
receive any other benefits, including payment of medical
bills.
How Much Is My Workers
Compensation Case Worth? Each case is
different. An experienced workers compensation
lawyer would have to study the details of your case to
be able to tell how much your case might be
worth. The following factors would affect the
value of your work injury case:
Is
your case accepted?If not accepted,
how strong is the evidence is to prove your injury
happened at work.
How
bad is your injury? The workers
compensation insurance company may hire a doctor
to examine you. That doctor may say that
your injury is not as bad as the your treating
doctor says it is.
How
much have you already been paid? If
the workers compensation insurance company
believes you have already received most of the
benefits that are likely to be paid, the insurance
company will offer you less money for a
settlement.
How
much were you earning? Because the
amount of benefits is based on income, the more
you earned, the more valuable your case is.
What
other work can you do if you cannot return to your
usual work because of your injury? A
person with a serious injury who has little
education and no specialized skills, such as a
construction laborer, may be able to prove that he
or she cannot do any other work. Such a
person may have a very valuable workers
compensation case.
How
old are you?A badly injured younger
employee may receive a larger settlement because
he or she has lost more years of potential
work. However, a younger employee may
receive less if it seems more likely that he or
she would be able to learn a new trade than would
an older employee.
Which
workers compensation insurance company is
involved? Experienced workers
compensation attorneys know that certain types of
cases are easier to settle with certain insurance
companies.
Is
there a workers compensation insurance company?
Some large employers pay their claims directly
rather than buying workers compensation
insurance. It is often more difficult to
settle with such self-insured companies.
What is the Settlement Process?
If a settlement amount can be agreed upon with the
insurance company. a written agreement is drawn up,
signed and sent to the workers commissioner's
office. A hearing will then he scheduled at
which the commissioner will ask the employee questions
to make sure the employee understands the benefits he
or she is giving up by closing the case. If the
commissioner is satisfied that the employee
understands the agreement and if the commissioner
feels the amount is reasonable, the commissioner
approves the agreement by signing it.
How Does Settlement Affect Social
Security Payments? If the employee is
receiving or is likely to receive Social Security
Disability benefits because of the work injury, the
settlement may result in disability benefits being
reduced or stopped. It may be possible to avoid
having benefits reduced or stopped if the workers
compensation settlement agreement contains certain
provisions. This is an area of the law that is
complex and often changes. Social Security
Retirement Benefits are not affected by workers
compensation settlements.
How Does Settlement Affect
Medicare Payments? If the employee is
receiving or is likely to receive Medicare benefits,
the workers compensation settlement usually must set
aside some money to pay for medical bills related to
the work injury. If the settlement is above a
certain amount, the federal agency responsible for
Medicare must approve the settlement. This
approval may take several months. This is an
area of the law that is new, complex and subject to
change.
Can a Settled Workers Compensation
Case Be Reopened? Probably not. In
rare instances, settlements have been reopened where
an employee was able to show exceptional
circumstances. Any employee thinking about
settling a workers compensation case must assume that
the settlement will be final.
Can the Workers Compensation
Insurance Company Be Forced To Settle? No. A
settlement is completely voluntary. An insurance
company usually will not close out a case if the
employee is still working for the same employer.
An injured employee also is not required to enter into
a settlement.
We
look at your case for free. We only charge a fee if
we win or settle your workers' compensation case.
When You Need a Workers
Compensation Lawyer,
Rely on Us for Skill,
Determination and Experience.
