when would a workers compensation attorney would settle the case

by Dr. Elias Turcotte IV 5 min read

Like most legal claims, the majority of workers’ comp cases are settled before they go to a hearing with a workers' comp judge. This means that your employer or its insurance company will probably offer you a settlement at some point in your case. Before you agree to the offer, however, you should consider several things, including the timing, benefits, and risks of settlements.

Full Answer

Do I need a lawyer for a workers'comp settlement?

Jan 02, 2021 · There isn’t a set timeline when the case should settle. You can’t make the insurance company settle your workers’ compensation case, just as they can’t force you to settle to their offer. The best way to reach a settlement is to allow your attorney to negotiate for it. Not everyone understands the settlement process.

Will my Workers’ Comp case be settled?

Dec 15, 2016 · When To Settle in A Workers Compensation Case. Posted on behalf of Roden Law Firm on Dec 15, 2016 in Labor and Employment. If you’re recovering from injuries you received as part of a workplace accident, you likely want to focus on your recovery and want the process of navigating your workers’ comp claim in court to go as smoothly – and quickly – as possible.

How does the workers compensation settlement process work?

Why would a client want a compensation lawyer to clarify questions?

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What Happens When You Settle Your WC Case?

So, you’ve been injured on the job and are successfully receiving workers’ compensation benefits—now what? Well, first and foremost, you want to take the time you need to recover! Your doctor will let you know when it’s okay for you to return to work.

How Much Will I Get from Settling?

Now that we’ve gone over some of the pros and cons, you’re probably wondering if settling is the right choice, how much money you could get, and whether or not you should hire a workers’ compensation lawyer near you. Well, both of those first questions can really only be answered by you, the lawyers, and the insurance companies.

Ready to Take the Next Steps?

Are you still unsure whether or not you should settle your workers’ compensation case? Do you find yourself confused by trying to navigate all the legal jargon and paperwork? If so, let Westmoreland Injury Lawyers do the work for you. Here at our law firm, our primary focus is on personal injury cases just like yours.

How Long Will it Take to Heal From a Workplace Injury

Not every injury is the same, so the time for recovery varies from person to person.

Timeline to Return to Work

If your doctor has taken you out of work because of your injuries, then the time till you get back to work is the time you need to heal. If you were restricted to get back to work as a result of your workplace injury, the answer depends on your employer and your doctor.

Will a Lump Sum Settlement Help Me?

When insurance companies offer a lump sum settlement, they’re thinking about what’s best for them. A lump sum payment lets them know exactly how much they’ll have to pay you and also removes the question of how long they’ll be making payments for your claim.

What Happens If I Settle?

If you accept a lump sum settlement, understand that it means you will stop receiving weekly workers’ comp payments. You may also have significant costs that deduce from the total amount of your settlement, such the costs of any pending or lost litigation.

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Times to Settle A Workers’ Compensation Case

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Your employer and the workers’ compensation provider will provide you with a settlement if your injuries are proven to be work-related. Some situations make more sense to accept the initial settlement offer sooner rather than later. These include: 1. Prognosis: If your prognosis is poor and you do not have many years le…
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Understanding Settlement Details

  • Before accepting a workers’ compensation settlement offer, it is important to carefully read and understand the settlement details that you will agree to by signing it. Look to see if the settlement will provide enough money to cover future medical expenses and lost wages. Check to see if there are any stipulations to ensure that you are comfortable with the terms of the agreement.
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Types of Workers’ Compensation Settlements

  • There are four types of workers’ compensation settlements: agreement settlement, compromise settlement, contingent settlement, and combination settlement. An agreement settlement is when both parties agree to the terms and you keep your future rights. A compromise settlement is settled by a third party when the parties cannot agree and then it ends future rights. A contingen…
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Settlement vs. Trial

  • Accepting a settlement ends the process, even in a workers’ compensation case involving a third party that is liable. Unless you receive a fair offer that covers your past, current, and future expenses or have other compelling reasons to settle, your lawyer may recommend that you continue through the process before accepting a settlement. Ultimately, it is your decision on wh…
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Contact Us Today

  • If you are not sure whether it is time to settle your workers’ compensation case, contact Ben Crump Law, PLLC at (800) 603-4224to schedule a free consultation with a member of our team. We can answer any questions that you may have about the legal process. There is no cost for the initial consultation or any risk.
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