For the most part, workers compensation
claims in Oklahoma, like every other state, are often settled outside of court.
Like most civil lawsuits, a workers compensation claim can sometimes take years
to conclude in court and therefore costs both sides a considerable amount of
money, time, and effort.
Therefore, it is very likely that the
employer or the employer’s insurance company will approach and offer a worker a
settlement sooner or later in the case. Tulsa, OK workers compensation lawyers
suggest a few things you can do to be able to receive a fair worker’s comp
settlement and what factors you ought to consider before accepting a proposed
settlement.
Hope
This is a major decision in your life.
Is it the focal point? It could be. You will not know until years later when
you are at the end of your life but it is important and you certainly already
realize this. They say money is not everything but anyone with a clue knows
that it is something and it is vital. You will need legal help and you can find
that legal guidance right here: http://workers-compensation.usattorneys.com/oklahoma/.
You may not have been given anything in a while but you just were. No strings
are attached. What was giving to you is not tangible – you cannot touch it. This
website offers you hope.
When should you consider taking a
settlement offer?
Legal professionals have a rule of thumb
when it comes to when you can accept a settlement offer, which is rather
simple. Do not accept an offer at least until you have reached MMI (Maximum
Medical Improvement).
To paraphrase, that means until your
medical condition has plateaued, and your healthcare professional or doctor is
certain that your condition will not improve even with further medical
treatment and medication following a workplace injury. You will need a Northeast
Oklahoma workers compensation attorney by your side during this process.
The logic behind this isn’t complex. It
is simply because you cannot predict the damages caused until your reach MMI
and you may accept an offer that is simply way too underwhelming considering
what you have gone through and what you are yet to go through.
Thankfully, most states have provisions
where you will continue to receive temporary disability benefits at least until
you reach MMI. Therefore, you do not have to rush yourself into accepting an
offer just so you can pay for your immediate expenses and your Tulsa, OK
worker’s compensation lawyer will be working with you on this.
It is vital to keep in mind that once
you offer a settlement and sign the official settlement documents, you waive
the right to file a civil lawsuit against the defendant.
Workers compensation settlement – pros
vs cons
There are some inherent advantages and
disadvantages when it comes to accepting a worker’s compensation settlement.
The good things about accepting a worker’s comp settlement
include the fact that you will not have to spend time, money, and effort on
things such as filing a lawsuit, appearing in court, preparing claims, and
gathering evidence. Furthermore, there is no uncertainty factor unlike in a
court trial where there is a possibility that you may lose the case and not
even receive a penny.
Another added advantage is that you may
request that the worker’s comp insurance company also pays a
portion or all of the medical bills as part of your settlement and they will
oblige for the most part with your Tulsa, OK worker’s compensation lawyer
working with you and them to insure this ending is satisfactory for you.
There are a few disadvantages of accepting
a settlement. To begin with, you may receive an amount which may be just a
fraction of what you can actually win in court. In addition, you cannot file a
worker’s comp lawsuit even if you change your mind, and you will have to wait
until you reach your Maximum Medical Improvement plateau prior to accepting a
settlement.
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