When Will Workers Comp Offer a Settlement? | Find a Work Injury Lawyer Near You

Whether you work on construction sites or in a downtown office on the 99th floor, all employees run the risk of sustaining a work illness or injury. Although some professions face a greater risk compared to others, that doesn’t mean employees in “less risky” jobs should have their workers’ compensation cases neglected or devalued. In case of an injury while on the clock, you’re entitled to workers’ compensation benefits to pay for your medical costs and lost wages. These benefits often come through regular workers’ compensation insurance that is covered by your employer’s insurance company. But what if you receive an offer for a lump sum settlement instead?

Questions that this article can help to answer:

How Soon Will the Insurance Company Offer a Workers’ Comp Settlement? 

If you are awaiting a workers’ comp settlement offer, it’s imperative to understand the factors in play. From an outside perspective, workers’ compensation settlements might sound enticing. For example, you receive one lump sum (sometimes hundreds of thousands of dollars), which you will then use to help pay for your medical costs and lost wages. You get to pocket anything that might be left over. It might sound like a great offer; however, these offers always warrant a second look and the opinion of an experienced workers’ comp attorney. 

Reaching a Workers’ Comp Settlement  

Suppose an employee has fully recovered from their illness or injury and has returned to work without any remaining bills or unpaid benefits. In that case, their workers’ compensation claim can be closed. However, sometimes a claim requires a negotiated settlement between the injured worker (and their attorney) and the insurance company. 

This process usually starts with the insurance company and the employer making an offer for payment to the employee. Depending on the type and extent of the employee’s illness or injuries, the settlement offer might include payments for: 

  • Unpaid benefits or medical bills 
  • The costs of any necessary future medical treatment 
  • A disability award if the worker is permanently impaired 

Types of Workers Compensation Settlements

There are two types of Workers’ Compensation settlements. They are: 

Lump Sum Payment

A single payment for all medical costs and benefits the employee claims. In some states, the injured worker may have to agree not to pursue any future compensation related to the same injury. 

Structured Payment

The settlement monies are divided into scheduled payments over a specified amount of time. A structured settlement might include a separate medical account to pay for any necessary future medical care. 

How Is a Workers’ Comp Settlement Determined? 

Before agreeing to a settlement, the employee and their lawyer should calculate what they believe the claim is worth. It should at least be enough to cover past medical care and future medical costs for the injury. Other factors that can impact the settlement include: 

  • Medical bills 
  • The need for future medical treatments, including surgery or physical therapy 
  • Previously lost wages or future wage loss 
  • Temporary or permanent disability payments 
  • Attorney fees 
  • State workers’ compensation statutes and restrictions 

Once the calculation is finalized, the employee and their attorney will negotiate with the insurance company. The final settlement is frequently a compromise between the insurance company, employer, and the injured employee under the advisement of their attorney. 

It’s a common requirement in many states to have a workers’ compensation judge review each settlement before it’s finalized. Although the judge will consider if it is fair to the employee, it is still in the employee’s best interest to have a workers comp attorney on their side to protect their rights. 

How Much Should a Workers’ Comp Settlement Be Worth? 

Calculate Workers Compensation Settlement

Workers’ compensation settlement amounts are typically based on what the case is likely to cost the workers’ compensation insurance company if the case fails to settle. Most of the time, the insurance company wants to reach a settlement before you get to the point of what is known as Maximum Medical Improvement (MMI). Once you reach this point, you will likely have a good idea of your future medical expenses, which means you will have a better idea of what your case is really worth. If the insurance company can get you to accept a low workers comp first settlement offer, they will most likely pay less for your claim. That’s wonderful for them but terrible for you.  

Workers Comp Settlement Amounts

How Long Do Most Workers’ Comp Settlements Take?

The truth is that it varies. For claims involving relatively minor injuries, a workers comp settlement offer letter won’t take as long. However, it can take longer for those with severe or catastrophic injuries. What’s more important than how long it takes to receive a settlement, is that you are receiving a fair settlement

While you may be relieved to receive an early settlement offer, it’s not always in your best interest to accept an early offer. Here are three instances in which a longer case settlement may be beneficial:

  • Concerns about paying for medical bills
  • Unable to go to work
  • Affording medical expenses related to your injury at work

An Early Settlement Doesn’t Necessarily Mean a Fair Settlement

In fact, it is never in your best interest to accept an offer without discussing your case with a qualified workers’ compensation lawyer. An experienced attorney will have a pretty good idea of what a fair settlement should be in your case. They can let you know if you should settle at this point or hold out until you receive a better offer or reach MMI.  

You should also keep in mind that waiting until most or all of the anticipated benefits you can receive have been paid out will make the value of your case lower than it could have been if settled earlier. 

How Do I Find a Labor Lawyer Near Me? 

If you have questions about work injury lawsuit settlements or other aspects of a workers’ comp claim, 1-800-THE-LAW2 has a network of local attorneys with answers. You can find an experienced labor lawyer or workers’ compensation lawyer near you by completing our online form for free consultation. Once submitted, a licensed workers’ comp attorney in your area will call you within ten minutes to help you with your workers’ comp case. 

You can also give us a call for FREE legal consultation. We are open 24/7. 

If I Get Injured at Work, Can I Sue My Employer? | Workers Compensation Attorneys

In this article, you’ll find answers to common questions about what to do when you are injured at work, or get hurt on the job, Worker’s Compensation, and what to know when considering “Can I sue my employer?”

Additional Topics Covered:

Workplace injuries are surprisingly common across America. According to the Bureau of Labor Statistics, there were 2.7 million injuries in private industries alone and 4,764 fatal injuries in the year 2020. If you’ve been injured in the workplace, then you could be left reeling with a variety of different losses. This can be overwhelming and difficult to recover from. Fortunately, the law does provide several paths to justice and recovery. Perhaps most important among the available options is that of workers’ compensation benefits. 

Examples of Damages Recoverable in a Lawsuit

Examples of losses from work related injuries are:

  • Wage loss
  • Medical expenses
  • Disability issues
  • And more

Which Situation Qualifies an Employee for Workers Compensation Coverage?

Workers compensation benefits are paid out to employees who are injured on the job, or who suffer injuries linked to their job duties. These benefits are critical for many employees, particularly those in riskier professions. Let’s take a closer look. 

Do I Qualify for Workers’ Compensation Benefits?

Despite the name, worker’s compensation benefits are not available to all workers. They are available only to employees, not independent contractors. So, how do you recover losses from injuries at work as an independent contractor? Assuming you can prove that the employer was negligent, reckless, or engaged in intentional misconduct, then you can sue them and hold them liable for your injuries without workers comp. Also, these damages may even be greater than your would-be workers compensation benefits. 

What Is the Advantage of Workers Compensation?

Well, for one thing, you get to avoid the hassle of a lawsuit. But more importantly, worker’s compensation benefits are paid out even if your employer wasn’t at fault for your injuries. If you have a slip and fall accident while working and hurt yourself, even if it wasn’t anyone else’s fault, you are still entitled to recover workers’ compensation benefits! That’s an enormous advantage for situations where you have suffered a loss, yet no one else is to blame. 

Workers’ compensation benefits are valuable, of course, but they are still limited in certain ways. For example, workers’ compensation benefits do not cover pain and suffering damages and other such losses. Instead, these benefits cover wage loss and medical expenses

When to Hire a Workers Comp Lawyer

Serious Personal Injury

In cases of severe injury, only having access to workers’ compensation benefits can lead to a lower recovery than if you had been able to successfully sue your employer or some other defendant. 

The problem is that workers’ compensation laws shield employers from liability. If you qualify for workers’ compensation benefits, then you are prohibited from suing your employer for damages. However, there are exceptions that allow you to sue your employer and secure a larger compensation amount. 

Continue reading about: Hiring a Workers Compensation Lawyer Made Easy

Should I Claim for an Accident at Work?

Employer Liability for Employee Actions

To sue your employer and take advantage of the exception, you’ll have to show that:

  • the employer’s misconduct caused your injury
  • it was intentional or reckless misconduct

For example, you can sue your employer if you can prove that they intentionally withheld protective goggles from factory workers in an effort to cut costs. Perhaps they knew that this would increase the risk of injury, but did so anyways because of their new cost-cutting approach. 

What Should an Employee Do If There Is a Workplace Accident?

Workplace injuries can leave employees feeling confused about what to do next. When you get injured at work, here are the first three steps you should take:

  1. Contact a workers’ comp lawyer immediately. They will gather evidence, speak to opposing counsel, and ensure that all procedural requirements are met. Work injury attorneys are comprehensive advocates, and are invaluable at every stage of a dispute. 
  1. Preserve records of the injury. Make sure to save all medical documentation, work documentation, and even pay stubs. These all form an important part of your claim. 
  1. Do not accept a settlement until you have consulted an attorney. Insurance companies and your boss will always attempt to minimize their liabilities. If you don’t have an attorney advocating on your behalf, they will try to push harder for a quick resolution that undermines your claims. 

Find a Workers Compensation Lawyer Near You

If you’ve been injured in the workplace, then the law may entitle you to workers’ compensation benefits, and in some cases, damages through a lawsuit. Workplace injury disputes can be challenging and complex, however, so it’s important that you secure the assistance of a qualified work accident lawyer who can help you at every stage. 

Here at 1-800-THE-LAW2, we operate a large network of attorneys, which includes experienced workmans comp lawyers. It’s worth speaking to one of our network attorneys for guidance on how to proceed with your claims. 

Contact 1-800-THE-LAW2 for a Free Consultation 

Call us today for a free and confidential consultationGet connected to one of our experienced attorneys in just 10 minutes or less

Additional Questions on Workers Compensation and Workplace Accidents:

Workers’ Compensation Benefits: the Basics

Work related injuries are common and often misunderstood. In general, a workplace injury entitles an employee to workers compensation benefits. Sometimes substantial, workers’ comp benefits help employees recover from their losses and are essential to injury recovery.

Curious about whether you have a claim?

It is worth looking for an experienced workers’ compensation attorney near you. An attorney will ensure the correct filing of your workers’ comp claim. In addition, they will evaluate other strategies so that you can secure the maximum possible compensation.

CALL 888-943-0190 TODAY to find an Injury Lawyer Near Me.

For now, let’s explore some basics.

What Are Workers’ Compensation Benefits?

Workers’ compensation benefits act as a compromise solution for job-related injuries. In the event of a work injury, employees receive guaranteed benefits, and employers potentially avoid an expensive workers compensation lawsuit.

Injuries covered under workers’ comp include those sustained within the course and scope of employment. In other words, the injury must have happened during a job-related duty.

If you were injured in a car accident while commuting home from work, that would likely not qualify for benefits.

How Does Workmans Comp Work?

If you receive an injury on the job, inform your employer immediately. Stay calm. If you cannot directly notify your employer, have a co-worker notify your boss instead. Lastly, don’t delay in seeking treatment. To ensure your injuries receive treatment and that their documentation exists, obtain medical attention as soon as possible.

It is worth noting that workers comp falls under Strict Liability Laws, meaning you do not have to prove your employer was negligent. However, you must prove that you were injured and that this injury occurred during your employment. That gives you a lot of negotiation leverage for securing compensation.

What Losses Does Workers’ Compensation Cover?

As you move forward with the workers’ compensation process, there are several limitations that you should consider. Among these is that workers’ comp benefits may not cover all your losses.

Some losses, like pain and suffering associated with your injuries, are not covered by worker’s comp benefits. To obtain compensation for these losses, you will have to pursue an alternative legal strategy. Suppose you have substantial losses not covered by workers’ comp benefits. In that case, your attorney may rightfully encourage you to pursue a traditional lawsuit.

What Do Workers’ Compensation Benefits Cover?

Coverage may include things such as:

  • Medical care
  • Permanent disability
  • Temporary disability
  • Vocational rehabilitation
  • Wage loss benefits
  • Death benefits
  • And more

Typically, workers’ comp benefits end when you return to work. Every state is different, so make sure to discuss the particulars with an experienced workers’ compensation attorney near you.

Which Workers are Qualified to Receive Workers’ Compensation Benefits?

Workers compensation laws require most employers to carry workers comp insurance. Despite having coverage, not every injured worker is qualified to claim benefits.

There are many eligibility requirements, so before you ask how workers’ compensation works, consider the following:

  1. Your employer must have workers’ compensation insurance.
  2. You must be a covered worker; independent contractors are not entitled to workers’ comp benefits.
  3. Your injury or illness must link to a job-related accident.
  4. You must file a claim within the applicable statute of limitations deadline. Time is of the essence.

One of the most common points of contention in workers’ comp disputes is how a worker is classified. If you are a covered worker, you may be entitled to compensation. However, if you are misclassified as an independent contractor or volunteer when you are, in fact, an employee, you may wrongfully lose access to essential workers’ comp benefits.

Misclassification is a serious issue worth disputing, but you’ll want to secure the assistance of a qualified attorney for guidance.

Retaliation in the Workplace

In some workers’ comp cases, the employer doesn’t want their insurance premiums to increase, so they’ll discourage you from filing a claim. If you file a workers’ compensation claim, they will retaliate against you.

Retaliation can take many forms, such as firing or passing you over for a promotion, pay raise, or refusing to pay out a bonus. However, any adverse action your employer takes against you in the context of employment qualifies as retaliation.

Always remember: Retaliation in the workplace is illegal.

Contact an experienced retaliation lawyer today. CALL 888-943-0190

If you have filed a workers’ comp claim, your employer cannot fire or retaliate against you. If your employer retaliated against you, you would have an independent claim for damages against them, leading to additional compensation.

Real Take: My Boss Let Me Go, What Should I do?

Retaliation disputes can be complex, so do not move forward alone. Contact a work injury lawyer who has experience dealing with the many problems associated with work injuries as soon as possible.

When Does Workers’ Compensation Pay Out?

Injured workers often wonder how long they wait until a claim is paid. After all, they may sink under the weight of unpaid bills and costs.

Claim payment schedules can vary from case to case and state to state. As a general rule, however, benefits are typically paid within 21 days of an employee informing their employer of the injury or illness.

Many factors can affect the payment schedule. Whether you receive a payout depends on whether your claim was approved or denied. Remember that if your claim was denied, you could challenge the denial with the help of an experienced workers compensation attorney.

Find a Workers’ Compensation Attorney in Your Area Today

If you have a job injury, it is essential to contact an experienced local work injury attorney as soon as possible.

Here at 1-800-THE-LAW2, we maintain an extensive network of work injury lawyers experienced handling workers’ compensation disputes. To learn more about filing a workers’ compensation claim, or to find a workers’ compensation attorney near me, CALL 888-943-0190 to connect with a local attorney.

Why It Is Important to Report Accidents at Work | Workplace Injury Lawyer

According to Health and Safety Executive Statistics from 2013, 1.1 million workers suffered from an illness they believed was caused or made worse by their workplace. Getting hurt at work or being sick on the job can cause a wide range physical and emotional distress. While some employees have no issues reporting accidents that happen at work, some reports show that up to two-thirds of work related injuries and illnesses go unreported.

Why Do Employees Not Report Injuries?

Common reasons for workers not filing an employee incident report or reporting workplace accidents and illnesses include fears of:

While these reasons are all understandable, they can have consequences in the future.

Why It Is Important to Report Workplace Injuries Quickly

The longer an employee fails to report an illness or injury, the less time they will have to file a claim. States require both employees and employers to report accidents within a specific timeframe. When injured on the job, the risk of not reporting a workplace accident early is that the injury will persist and worsen. When employees can no longer stand the pain, or cannot afford to pay for the treatment on their own, it may be too late to claim for work or medical expenses.

OSHA Violations

The employer may also face negative consequences in the long-term. For example, not reporting injuries may result in higher premiums and audits. Also, if the accident is an OSHA reportable event, the employer may have to pay fines and face other penalties.

How Long Do You Have to Report a Workplace Injury?

When a worker is injured at work, the best practice for notifying an employer is to do it as soon as possible. Although some states give employees up to 90 days after an accident or injury occurred to report it, it is important to report it as quickly and immediately as you can. In extreme cases that result in death, the dependents of the worker, or their parents if they have no dependents, are given up to two years after the death date to file a workers’ comp claim.

Benefits of Reporting Accidents and Incidents at Work

Employers may feel that filing an incident report form and reporting accidents is not in their best interest. However, companies that value their workers and workplace safety know that early reporting and intervention has some upsides. These include cutting down on the health costs and legal fees related to workers’ comp, also known as Workers’ Compensation, and the ability to improve workplace safety as well as safety programs.

When Should an Incident Be Reported?

If you are injured at work, inform your supervisor immediately, in writing, if possible. This will start the process towards receiving workers’ comp. This does not mean you are suing the company, but rather requesting benefits for your injury or illness. Under FECA (Federal Employees’ Compensation Act), workers may initially select any qualified doctor to treat them, although there are some restrictions when it comes to the use of chiropractors.

Call 1-800-THE-LAW2 to Receive a Free Consultation With a Workers Compensation Attorney

If your employer does not file a claim immediately after you have notified them, it may be best to consult with a workers’ comp lawyer. Your attorney will work on your behalf to ensure you are treated fairly under the law. Having a lawyer to represent you signals that you are serious about the process. Contact us today to get started.