How Are Workers' Compensation Cases Settled?


Quick Answer

A person can settle a workers' compensation case by carefully determining future needs, then negotiating a specific payment amount with their workers' compensation insurance provider. Many people opt to take a lump sum rather than receiving weekly disability payments. When deciding on a settlement amount, be sure to include any unreimbursed medical bills and past-due payments.

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Full Answer

The first thing to know is that settling a workers' compensation case stops any weekly benefits that a person may be receiving. In some states, the insurance provider may continue to provide the medical benefits after the case while in others the insurer stops, as stated by AllLaw. Therefore, it is sensible for a person to consult with a workers' compensation lawyer or a workers' compensation agency in their state to determine if medical benefits continue after a settlement.

Other people may opt to choose a trial, which in some cases may lead a person to getting a lower amount than what the insurance company was offering. This is not a common case as some may also get a higher amount depending on the court's judgment. Choosing a settlement rather than a trial saves a person the time and hassle of attending court hearings regularly. Also, a person may receive a certain amount if he or she agrees to give up certain future benefits that they may never use, as stated by Nolo.

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