What are my rights on the workers compensation settlement? 22 Answers as of June 30, 2014I received this email from the workers compensation insurance company and I think that the offer is a little low. What are my rights? Should I ask for more? As discussed previously your file still remains opens as you are entitled to lifetime medical coverage for your right wrist as long as deemed related to the initial work injury. I was wondering if you would like to settle your claim with us for $6,000.00. This payment would be broken down as $4,000 paid from the medical portion and $2,000 paid from the indemnity portion. If you agreed to settle, we would have our attorney provide you with the settlement document for your review and signature. At that point, the settlement paperwork would be submitted to the department of labor for final approval. Once approved, the payments would be issued to you and your file would be closed. You would not be able to seek future medical treatment under your claim. Please keep in mind that your file currently remains open and neither party has to settle unless both agreed.
S. Joseph Schramm | Joseph Schramm
If you feel that the offer is too little and that you would like to ask for more you are free to ask for whatever you think would be a fair amount of money. Bear in mind that, as the proposed settlement states, a specific amount of money will be designated as funds for the treatment of your injury and after that amount has been paid, either to you or the health care provider, the insurance carrier will no longer obligated to pay for the treatment and care of your injury.
Answer Applies to: Pennsylvania
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
To accurately answer your question I need to know what type of injury, what type of treatment. If it is the type of injury that will, or likely will, require future treatment, then you would be silly to settle. If it is unlikely to require further care, then it may be okay. Typically, you are not entitled to money for pain and suffering in a workers compensation case; only medical payments for accident related treatment, and wage loss benefits while you are recuperating and incapable of working.
Answer Applies to: Michigan
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Permanent injury to one small body part (wrist) will bring only a small recovery, based on the body part, the percent of disability, your average weekly wages. It will be so small you wont notice the difference. I would rather leave my file open in case I need medical care
Answer Applies to: North Carolina
Durham Jones & Pinegar | Erven Nelson
You can always give them a counteroffer for more money. Be careful, though, since a settlement would end your rights to their paying for medical treatment. Get some advice from a good workers compensation lawyer in your area.
Answer Applies to: Nevada
Lombardi Law Firm | Steve Lombardi
I will assume your case has jurisdiction in Iowa. If that is the case I would need to know more about the facts and medical opinions before being able to express and opinion about the value. Your opinion that the offer is "a little low" is not sufficient for me to assume you are right or wrong. If an insurance adjuster is offering you $6,000 your claim may actually be worth a lot more; it could be $6,000 more or $60,000 more. Without actually knowing the injury, your age, the disability, restrictions, permanent impairment ratings and whether or not you had surgery along with the outcome no lawyer can express a credible opinion. So without sitting down to interview you and to read the file there is no legitimate answer. Sort of like a plumber trying to fix a stopped up toilet over the phone. It can't be done.
Answer Applies to: Iowa
Domnitz & Skemp, SC | Merrick Domnitz
Workers compensation permanent injuries are evaluated by comparing the percentage of disability against a schedule of payments. Often insurers will try to minimize the degree of permanency in order to hold down the payments. I urge you to contact a work compensation attorney who can guide you in determining if the disability rating is appropriate and the offer is fair under the schedule.
Answer Applies to: Wisconsin
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You have a right to be evaluated by a qualified medical examiner (QME). But you need to object to the reporting by your treating doctor which is most likely from the insurance company. So you need to retain an attorney to object to this report which finds no or little injury and request for a QME.
Answer Applies to: California
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
If is impossible to assess what you medical settlement should be without seeing your medical bills, loss of wages claim. Your impairment rating, and assessing future medical costs like possible surgery or pain medicines, or physical therapy, etc.
Answer Applies to: Utah
Boesen Law, LLC | Joseph J. Fraser III
The adjuster has at least set out some reasonable information for you, i.e. you don't have to settle, but if you do, your file will be closed and you'll get no more treatment or money. Your first decision is whether you're willing to give up potential future medical treatment and the right to petition to reopen if your condition worsens, by agreeing to a full and final closure by settlement. You have the right to not settle and you have the right to negotiate an amount if you do choose to settle.
Answer Applies to: Colorado
RJ Alexander Law PLLC | Reshard Alexander
The settlement amount depends on the severity and duration of the injuries as well as if you have hired an attorney. Without knowing the extent of the injuries and facts surrounding the case it is difficult to tell you whether this is an adequate settlement for your injury. You should consult with a local personal injury attorney who offers a free consultation in your area and is willing to review your case.
Answer Applies to: Texas
Lewis B. Kaplan | Lewis B. Kaplan
Big question for you. You describe nothing about the nature and extent of the injury, your work duties and a number of other factors which would influence the value of the claim. So how do you expect a lawyer to accurately value the claim?
Answer Applies to: Illinois
Andrew T. Velonis, P.C. | Andrew Velonis
Get a lawyer. Generally, Worker's Comp awards are according to a formula, computing your degree of disability, part of the body injured, average weekly wage, and amount of payment up to the time of the award. So you need someone to go through the calculations to determine whether the offer is reasonable. Beyond that: Is it for real? Does your Worker's Comp Board send out such e-mails? I get e-mails all the time claiming to be from the IRS, the FBI, even the United Nations. There is a lot of bogus crap out there, so I wouldn't be surprised if someone has figured out a worker's comp angle. BTW: "bogus crap" is a legal term. It refers to crap that is bogus. Had to go to law school to learn that.
Answer Applies to: New York
Boesen Law, LLC | Jon C. Boesen
Consult with an experienced workers' compensation attorney to determine what a reasonable offer to settle would be. There are many factors that can be argued to get a higher settlement offer. By consulting with an experienced workers' compensation attorney his or her advice could, if it makes sense to consider settling your case, be able to net you more than you would get yourself, taking into consideration the attorney's fee for helping you settle. An experienced WC Atty, may also be a benefit in helping determine whether you should even settle your claim. Many claims should not be settled, given the financial risk to the claimant in doing so.
Answer Applies to: Colorado