Q:

How are workers' compensation cases settled?

A:

Quick Answer

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.

  Know More

Full Answer

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
Sources:

Related Questions

  • Q:

    What is a divorce settlement conference?

    A:

    A divorce settlement conference involves a meeting between the lawyers and the judge where both parties try to settle their differences, according to Illinois law firm Gitlin & Busche. This type of conference occurs before a trial and before pre-trial case management proceedings.

    Full Answer >
    Filed Under:
  • Q:

    What is a stipulated judgment?

    A:

    A stipulated judgment is when both parties in civil court case agree to settle their dispute, and the judge signs a legal document reflecting the parties’ agreement. A stipulated judgment is also called a consent decree or a consent judgment.

    Full Answer >
    Filed Under:
  • Q:

    What happens when someone contests a divorce?

    A:

    When individuals contest a divorce because they do not want the divorce or disagree with the proposed settlement, a judge or mediator is assigned to settle the dispute. Both parties are assigned to meet with a mediator and judge, according to the New York State Unified Court System.

    Full Answer >
    Filed Under:
  • Q:

    What is the average worker's compensation settlement?

    A:

    According to the United States Social Security Administration, the average worker's compensation payout was equal to $1.16 for each $100 of income earned in the year 2002, the most recent year for which such statistics are available.

    Full Answer >
    Filed Under:

Explore