Most injured workers would just go ahead and accept what an insurance company offers after they have filed a workers comp claim and instead of just settling for what the insurance company has decided to offer you, the injured worker can hire the service of an experienced attorney and go for a monetary settlement instead. Every employee who gets injured while working is entitled to workers compensation benefits and that is what our when will workers comp offer a settlement article is here to talk about today
If you have suffered an occupational injury or simply put, got injured while working, it is your rights to file for a workers compensation claim on your insurance policy so that you would be able to have access to or be compensated with getting back a portion of the wages that you have missed while being away from work, getting back temporary disability payments and also getting the employers to pay for your ambulance transportation as well as your medical bills.
Immediately the insurance company approves your claim the injured worker is open or eligible for disability payment funds or plan for all of his medical bills. Mind you that as an employee, you are only entitled to all of this if the injury that you suffered is work-related. However, it is also up to the injured employee here to still negotiate for a better structural offer if he wasn’t pleased with the first or initial offer. Furthermore, he can also choose to accept the compensation that he has been offered and get a lump sum settlement.
When Will Workers Comp Offer A Settlement
One of the best moves an employer can make during times like this is to remain fully involved if they want to avoid having a lawsuit filed against them. This is because if the injured employee here decided to go for a better settlement negotiation then it needs to be done right in the presence of the insurance company of the business owner, the employee, and also the attorney of the injured employee. However, the role of the employer is very minimal but being part of negotiation and communication is very important.
If an employer can participate and be active during the negotiations between his business insurance company and the injured employee and his attorney then he doesn’t risk having a lawsuit filed against him. Before a settlement can be reached, the injured employee here together with his attorney would sit and calculate so they can come up with a compensation payout that they deem okay or satisfactory. However, the settlement should be able to cover for;
- Future wages that would be lost and wages that have already been lost
- Payment balances on transportation, medical bills, and so on
- Disability payments
- State workers compensation law and also some other relevant restrictions
- Fees of the attorney
- The possibility of getting some treatment in the future like in terms of surgery
If a workers compensation claim goes to trial then it is up to the judge to evaluate the case presented before him so a fair amount can be determined for the injured employee. Once the judge can mention a fair amount then the insurance company would immediately pay out the claim and that completes the settlement. However, the risk in taking a compensation claim to trial is that the employee is also likely to get awarded compensation that is lesser than what he first got from the insurance company.
Sometimes, he might also get a settlement offer that is lesser than what he first asked for and the fact that things can turn against the employee here is a big risk chasing a workers compensation claim lawsuit. What’s more, not all worker’s compensation claims end up in a trial. In most cases, it results in a lawsuit when it is impossible for the injured employee and his attorney and the business owner’s insurance company to negotiate. The negotiation here should result in either a structured payment plan or lump sum money.
One last thing we also want you to note is that an employer can’t meet up with all that the employee is asking for. However, it is possible for the injured employee together with his attorney to come up with a compensation settlement that would be okay or accepted by both parties.