Can I ask for workers compensation settlement once I was released from doctor? 14 Answers as of February 04, 2014

I am receiving workers compensation and was wondering if I could ask for a settlement once I was released from doctor to go back to work?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answer Applies to: California
Replied: 2/4/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, but it really depends on the type injury you have as to whether you would be entitled to a settlement for permanent disability. If you are able to go back to work and have a scheduled injury, you would be entitled to a settlement for permanent disability. However, if you have an unscheduled injury and are able to go back to work full duty, you would technically not have a claim for permanent disability benefits.
Answer Applies to: Alabama
Replied: 1/31/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You can always ask.
Answer Applies to: Idaho
Replied: 1/31/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Answer: You can but you don't know what to ask for so go and hire a lawyer that handles workers' compensation cases.
Answer Applies to: Iowa
Replied: 1/31/2014
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
Yes. As a general rule, once you are released to return to work, the insurance company should ask the treating doctor to give an opinion on an impairment (disability) rating and permanent physical restrictions. Once that information is known, the insurance company should pay the financial equivalent of the rating. Whether you are entitled to more than that depends on what body part was injured, and how it affects your ability to compete for employment in the future.
Answer Applies to: Iowa
Replied: 1/31/2014
    Vasilaros Legal,LLC
    Vasilaros Legal,LLC | Steven T. Vasilaros
    Many carriers are willing to pay a lump sum to "wash out" or close your claim. However, you are giving up the ability to receive future care. Before you do this, speak with an attorney.
    Answer Applies to: Florida
    Replied: 1/31/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Yes. You can ask but no employer is obligated to pay a lump sum and if you do this without an attorney, it will cost you money.
    Answer Applies to: Illinois
    Replied: 1/31/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    You can but remember workers compensation settlements are optional and are based upon future exposure.? Meaning a settlement will consists of future weekly benefit payments; future anticipated medical care and permanent partial disability benefits. If you have been released to work, you likely have had your weekly checks stopped so there is very little value there, if you are released the future medical care is minimal.? Lastly if you have been provided a permanent impairment rating you can calculate that by viewing the back of a WC2 which is a State Board of Workers' Compensation form from their website.
    Answer Applies to: Georgia
    Replied: 1/31/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can if you have a permanent partial loss of use. See a comp lawyer for this.
    Answer Applies to: New York
    Replied: 1/31/2014
    Pius Joseph A Professional Law Corp. | Pius Joseph
    You can settle your case by a C&R, stipulation or by a F&A. Better to navigate it through a lawyer if you cannot follow the above lingo.
    Answer Applies to: California
    Replied: 1/31/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Workers comp provides for payment of medical and lost wages. It does not cover pain and suffering. Not every case gets a settlement in workers comp especially if you disability is temporary.
    Answer Applies to: New York
    Replied: 1/31/2014
    Law Offices of George H. Shers | George H. Shers
    You can ask for a settlement at any time. The carrier normally will not settle until your condition is permanent and stationary, which may occur sometime after you have been released to return to work. The WCAB will not approve a settlement if the amount of disability is unclear.
    Answer Applies to: California
    Replied: 1/31/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    Yes. But rather than try to do this yourself hire a lawyer.
    Answer Applies to: Illinois
    Replied: 1/31/2014
    Strickland Law, PLLC
    Strickland Law, PLLC | Jeffrey S. Strickland
    Once you have the impairment rating, you are likely ready to proceed (unless you need an independent medical evaluation). Any financial recovery will be based upon your impairment rating, comp rate (2/3 of average weekly wage) and body part(s) injured.
    Answer Applies to: Tennessee
    Replied: 1/31/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney