What Are Some Tips for Negotiating a Workers' Compensation Settlement?


Quick Answer

To properly negotiate a workers' compensation settlement, an employee should establish and maintain an open line of communication with the company's HR department, continue required medical care and hire a lawyer, according to J. Hirby for The Law Dictionary. A claimant should also consider the advantages of direct employee payments versus a settlement.

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Full Answer

Even when an employee reports an on-the-job injury immediately and according to regulations, workers' compensation is a complex process on a variety of levels for the employer and the employee, reports Hirby. An employee should be aware and well-versed regarding his full rights and responsibilities to obtain the best possible settlement agreement.

The initial step after an on-the-job incident is to open a direct line of communication with the company's HR department by filing a report as mandated by current law and company regulations. The documentation of this and any subsequent communication with HR dated and in writing is essential to obtaining the best settlement, explains Hirby. Such communication pertains not only to any medical visits and care but to any request for information and other material between the two parties. Although by the time the employee is negotiating a settlement, he has already sought medical care, continued medical care for the injury as recommended should be pursued diligently. Finally, because the process can be so complicated legally, it is essential the employee hire an attorney with expertise in these matters.

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