What should be a suitable settlement in my workers’ comp case?

When you are injured at the workplace, it is your employer’s responsibility to compensate you for lost wages as well bearing the cost of your medical bills. However, workers’ compensation claims might be complicated. Often, as an employee you may be confused as to what you are entitled to receive by way of compensation.

Besides, your employer can claim that you are entitled to much less than what you expect or nothing at all. Therefore, Omaha workers’ compensation lawyers suggest that it is crucial to consider the factors mentioned below before agreeing to any settlement.

Why should I settle?

A settlement remains a voluntary agreement entered into between you and your employer, or their workers’ insurance company. Under this, you agree to determine your workers’ comp case in return for a particular amount in monetary benefits.

There are many advantages in settling your case. It ends the dispute and makes certain that you stand to gain a certain sum of money that you can place in your wallet immediately. If you fail to settle, then you will be required to attend a workers’ compensation hearing, which entails certain risks since you may obtain much less than what the insurer offered or nothing at all and if you listen to some Eastern Nebraska workers’ compensation attorneys that could be like playing Russian roulette with your financial future.

Even Bart Simpson may deem that foolhardy.

But if the other side is playing hard ball and being illogical, then you may have to go to the hearing. Do not rule that out. 

Besides, a hearing is not something that ends your case. Suppose you win at the workers comp hearing, the insurer may appeal the decision and is not required to pay you until their appeal is determined, which can be a few years away. If you win this hearing though, you may not receive what you are expecting or hoping for. But if you settle this case outside of this official mechanism, either over the phone, in someone’s office, or at a Burger King you may be able to come closer to what you are looking for.

Medical Expenses

Workers’ compensation lawyers in Omaha, NE (Workers-Comp.USAttorneys) recommend that when you are working out a settlement, you must consider every unpaid medical bill. Make sure that your lawyer is aware of all your bills and receipts. You should add up this amount of them since that is a sort of waste of their time – you are paying them for that time too if you have them do this. This is something you can do using a pen and paper or an excel spreadsheet. If you cannot do this and you do not have anyone to help you, then certainly they must.  

The settlement agreement ought to mention that every unpaid medical bill is to be paid by the insurer.

In addition, your workers’ comp settlement must address any future medical treatment. The insurer might ask you to exclude future medical treatment as a condition for making the settlement. If you agree, you run the risk of hurting your finances in the future because what if you cannot afford to pay for your future medical treatment? In some states, workers are not permitted to waive their right to possible future medical care as a condition for the settlement. In these states, the insurance company is required to pay the cost of medical care after the settlement as well.

Of course the people in those states must pay higher insurance fees because of this condition but that is another story.

Before you can sign the settlement agreement, have it reviewed by a legal professional. This is because your legal counselor can evaluate it to see if the settlement offer is fair or not, according to the extent of your impairment as well as your state’s laws on assessing permanent disability awards. Do not sign anything until your lawyer has authorized you to do so based on your best interests.

How much should you receive?

For the most part, a fair settlement will depend on various factors such as permanent disability, the extent of permanent disability, whether you are able to go back to work, and if the insurance company has a valid reason to restrict the payment of your claim. 

If you are injured at the workplace and have received a setback due to loss of wages, temporary or permanent disability, or any other issue that has hurt your finances, make sure to notify an Omaha workers’ compensation lawyer right away. If you do not, the wolves will smell fresh meat and pounce.

You do not want to smell like fresh meat to insurers do you? Do you want to appear uninformed and hopeless in the eyes of opposition? No do you not. Click right here: USAttorneys.com to better your prospects. You control your own destiny.