What Can You Do If You Don't Agree With the Workers' Compensation Settlement Amount?


Quick Answer

If a workers' compensation applicant does not agree with the settlement amount, the applicant can proceed to a hearing or trial with the insurance company in order to win a higher lump-sum or weekly payment, states Nolo. Accepting a settlement means a guarantee of receiving money from the insurance company.

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Full Answer

If a settlement is not accepted, and the injured party goes to trial or a hearing, the judge could end up awarding less than what the insurance company is offering, says Nolo. A settlement guarantees that the applicant receives benefits without the risks that come with a hearing or trial. In some states, applicants can't receive a lump sum payment after winning at trial, so the payments are sent weekly. Another advantage of a settlement is that it gives the applicant money from the insurance company in exchange for benefits the applicant may never use.

The downside of settlement is that in many states, the applicant gives up the right to use future medical treatment for the injury. If a settlement is made, the applicant may have trouble getting his health insurance to pay for any future necessary treatment. Another disadvantage of settlement is that the money may end up being spent right way, which leaves no future weekly payments, states Nolo.

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