Should You Settle Your Workers’ Compensation Case?

Benefits of Settlement

Most of the time closing the claim and taking a lump sum settlement is best for an injured worker.  Why?  First, treatment for injuries in a workers’ compensation case is often delayed even with a great attorney on your side.  When a doctor recommends treatment or procedures in a workers’ compensation case, that treatment always has to be approved by the insurance carrier first.  Waiting on approvals causes delays.  Second, two thirds of your wages is difficult to survive on.  Third, proceeding to a hearing is stressful, expensive, and time consuming.  Also, even if your case is won at a hearing, it is likely the defense will file an appeal which will delay the case for many more months.

Other Considerations

Should you choose to leave medicals open, the insurance company will be required to pay for all medical treatments related to your injury for your life.  However, you must see a doctor at least once per year for the injury, or the insurance company can close your claim.  And remember, you still have to get approvals for all treatments.

A lump sum settlement will include lost wages and an estimate of your future medical needs.  The best thing about taking a lump sum is that it gives the injured worker control.  No more approvals for treatment are needed.  If you want to see your doctor, just go!  If your doctor recommends a treatment and you want it, just do it!  

Some cases are destined to go to a final hearing, and that is fine.  We will fight hard to prevail for our clients in those situations.  However, if compromise is an option, that is usually better for everyone involved.  

Kevin