What It Means To Settle Your Workers' Compensation Claim

3 February 2023
 Categories: Law, Blog


Hurt workers deserve coverage for work-related accidents and illnesses. Almost all businesses and their employees are covered by workers' compensation insurance. Workers might consider workers' comp to affect them in two phases. As you learn about workers' compensation and benefits, keep in mind that each state has its own benefits and things will vary a bit from place to place. Read on and learn more about the phases and what it means to settle the case. 

The Initial Benefits Phase

Once a hurt worker's claim is approved, they can expect two main benefits: medical expenses and disability wages, both of which might be known by different names. All medical treatment is paid by the workers' comp insurer at no charge to the worker. However, all medical treatment should be authorized by the workers' compensation doctor in charge of the case. Also, workers who must miss any work are paid a partial wage.

This wage is commonly about 66.6% of their full wage but that amount varies. No taxes or deductions are removed from disability wages. This phase of benefits lasts until the workers' compensation insurer decides that it's time for the employee to go back to work. Alternatively, some workers are permanently disabled and cannot go back to their previous jobs.

The Settlement Phase

Workers that are deemed permanently disabled may be entitled to more than medical expenses and partial disability wages. The workers' comp insurer may offer the worker a lump sum of money to help them with their inability to earn income. Here are some important facts hurt workers should know about workers' comp settlements:

  • The amount you are offered does not have to be the amount you accept. Speak with a workers' compensation lawyer so that you will know how much you should be paid. Your lawyer can negotiate with the insurer to get you the settlement you need.
  • While lump sum settlements are common, you may also be given the option of a structured settlement. That means you will be paid a certain sum of money on a regular basis rather than getting it all at once. Some structured settlements provide a bigger overall settlement rather than a lump sum settlement. Discuss what is best for your situation with your lawyer.
  • It's important to note that your medical care and the partial disability wages will be discontinued once you agree to a settlement.

To find out more, speak to a local workers' compensation lawyer.