Every state requires employers who have employees to carry Workers’ Compensation insurance. The coverage pays employees for medical bills and a percentage of their income lost due to their inability to work. This helps employees recover and get back to work faster.
Workers’ comp can help speed up recovery after workplace injuries and illnesses. It can also help pay living expenses to the patient for lost wages. Typically it only pays up to 75 percent, which can be financially difficult for someone with a low-paying job. Workers’ Compensation can help a business retain workers because it treats them like people rather than statistics.
Most reported claims are accepted by workers’ comp insurers. But in some situations, claims can be rejected. For example, if the insurer believes the injury was not work-related they may not cover it.
When an employee sues the workers’ comp provider, a judge first reviews the claim to determine its validity. For valid cases, the judge will propose a settlement they believe to be fair. The parties can then agree on the amount or appeal the entire decision or certain parts. An appeal is usually settled in about 30 days.
Our law firm can help you navigate through the confusing area of workman’s compensation, and help you get a significant settlement. We make sure you understand your rights, the paperwork, and the procedures. The workers’ compensation process can be difficult for injured workers. We can take care of the complicated process and get you the best settlement for your injury or condition. At the Law Office of William Biebuyck, we are experienced in workers’ compensation and structured settlements for a wide variety of injury cases:
The injured employee files a claim in accordance with the insurance requirements, then will wait for a settlement offer. The insurer’s offer may be lower than expected. The employee can refuse the offer and take the case to court. It’s possible for a lawyer to then negotiate for a higher workers comp settlement.
To receive a workers’ compensation settlement, the employee must agree not to sue the employer. An injured employee can sue the employer if they bypass workers’ comp, and can prove in court that the employer was negligent and responsible for the accident. Some settlements include a nondisclosure clause. This waives the right to pursue a workers’ compensation case if the worker’s condition gets worse.
The employer may not be involved if the employee sues the workers’ comp provider. However, the employer is expected to maintain open communications with the insurer and provide necessary information.
Each state sets its own rules about handling and settling workers’ comp claims. Some states require a court to review a proposed settlement to ensure compliance with regulations.
Another form of workers’ compensation settlement is a denial and dismissal settlement. It’s used when the injured worker disagrees with the insurer’s assessment of the claim. The injured party agrees to have the claim denied or dismissed, in exchange for receiving a lump sum. Some employers ask the injured worker to resign their job as a condition of the settlement. In other situations, the insurance company’s offer is a commutation settlement. This is where the insurer admits liability and accepts the payment as a full replacement for all of the employee workers’ compensation benefits.
The amount of a worker’s compensation settlement varies by the type of injury. If surgery is required, there may be a higher payout. The more complicated the procedure, the higher the worker’s compensation settlement can be
A workers’ compensation settlement can be negotiated with the workers’ comp agency. A settlement can be faster and more convenient for settling a workers’ compensation claim, as opposed to filing a lawsuit. And a settlement can avoid the risk of a judge reducing the benefits. Furthermore, a settlement may result in a higher payout.
If your employer will not accept a workers’ compensation settlement, you can continue to pursue the case. If you’ve had a recent accident, you could negotiate a settlement with the employer’s insurance company. You might be able to negotiate a higher settlement than if you don’t wait until you reach maximum medical improvement.
The insurance company will approve the claim by its own deadline or reject it. If rejected, a legal case can be an option. If the provider approves the workman’s comp claim, it will send a check to the employee.
The two main workers’ comp payment methods are a lump-sum or a structured settlement. A lump sum settlement requires the employee to close the case by signing a settlement agreement. Structured settlements consist of a series of payments over an agreed-upon period of time.
The optimum way for an injured employee to receive a workers’ compensation settlement is to file the claim honestly, accurately, and in a timely manner.
Call the Law Office of William Biebuyck for any Workers’ Compensation Settlement questions.