Serrano & Serrano, LLC

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690 Flatbush Avenue West Hartford, CT  06110-1308

860 236-9350             800 856-6400  toll free     860 523-9101  fax

10 Church St, Naugatuck 203 729-6100

 

 

Settling Your Workers Compensation Case

    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.

 

bulletHow 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:
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Is your case accepted?  If not accepted, how strong is the evidence is to prove your injury happened at work.

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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.

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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.

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How much were you earning?  Because the amount of benefits is based on income, the more you earned, the more valuable your case is.

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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.

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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.

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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.

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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.

bulletWhat 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.
bulletHow 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.
bulletHow 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.
bulletCan 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.
bulletCan 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.

 

Please note that our website is designed to provide only general legal information.

This information is not intended to apply to individual cases.

If you have a legal matter, you should speak with and hire an attorney to handle your specific situation.