How Do Workers’ Compensation Settlements Work?

a man standing via a crutch

When an employee faces a work-related injury, the employer brings a workers’ compensation claim to their insurance company, which is usually accepted and offers a certain amount to the injured party. At this point, it’s up to employees to accept the offer and receive compensation.

How Does a Workers’ Comp Settlement Work?

At times, the employee refuses the offer and hires a work injury attorney to get a larger settlement they may deserve.

There are times when the insurance companies initially accept the claim and pay the benefits but later dispute it. Here, a good work injury lawyer can help.

The Workers’ Compensation Settlement Process

Although different states have different processes for comp settlements, there are some general factors to consider in all of them. Before the settlement is reached, the lawyer and employee can decide what they believe to be fair compensation for the injury. The following factors are taken into consideration when deciding the amount:

  • The current and future medical costs of the injury
  • Any lost earnings or wages
  • Payments for disability
  • The workers’ compensation rules and regulations of the state
  • How strong the employee’s claim is
  • Attorney fees
a gavel

If both parties can’t agree on the compensation amount, the claim is taken to the courts to get the settlement.

The settlements can end up either in a structured plan or payments or a lump sum amount. However, if the employee still thinks they aren’t given a fair settlement, the case can then go to trial. 

Workers’ Comp Settlement Amounts

The compensation payments depend on a couple of factors including:

  • The injury
  • The type of work that led to the injury
  • How risky the job is
  • The state the business is in
  • The employee’s weekly wage

Do All Workers’ Compensation Cases End in a Settlement?

Most cases get a structured settlement where the injured employee gets weekly payments or a lump sum amount. 

What If the Worker’s Compensation Claim Goes to Trial?

After a workers’ comp claim is brought to court, the judge will determine the validity of the claim. Then, the court determines a fair amount and ensures that both the insurer and the employee comply with its decision. If they don’t, the decision can be appealed within 30 days. If the insurer accepts the amount, there’s no need for appeal and the settlement is complete.

The Employer’s Role During the Settlement

As an employer, it’s your responsibility to ensure a smooth settlement process. You should opt for a reliable insurance company, and be sure to learn their process.

Get Workers Comp Claim Settlement Today

Have you experienced a workplace injury recently? You can get workers comp benefits by filing a claim with the help of a workers compensation attorney. We’re a work injury law firm that can help you avail workers compensation insurance benefits with ease.

Book a free consultation with us today.

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