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.Continue Reading
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.Learn more about Law
While California does not have a stress-leave law, under the California labor law, an employee can be compensated under workers' compensation when a psychiatric or stress-related injury is diagnosed by a medical professional. The federal Family and Medical Leave Act is another option for employees to take unpaid job-protected leave.Full Answer >
Common workers' compensation settlements are lump-sum and structured settlements, notes the DisabilitySecrets website. In a lump-sum settlement, certain rights are signed away in exchange for a one-time, lump-sum settlement while a structured settlement features payments made in smaller increments during a pre-determined time frame. The value of a settlement depends on the seriousness or permanence of the injury and other extenuating factors determined on a case-by-case basis.Full Answer >
If employees in California suffer from an injury or illness as a result of their employment, their employers are legally obligated to pay for the employees' workers' compensation benefits, notes CA.gov. Applicable injuries and illnesses may be the result of an isolated incident, such as a car accident or chemical burn, or repeated exposure to harmful activities that result in injuries such as wrist strain or hearing problems. In order to start the process of claiming workers' compensation, employers are legally bound to issue employees with the DWC 1 claim form to fill out as of 2015.Full Answer >
Some bank garnishment laws include the exemption of some funds to be levied, such as Social Security payments and workers' compensation payments, explains AllLaw. The law allows a judgment creditor who may otherwise be exempt to seize the account if the account contains at least two months' worth of deposits.Full Answer >