Negotiating a Workers’ Compensation Claim
Attorney Advertisement by Edwin Aiwazian of Lawyers For Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
Workers’ compensation claim settlements are agreements reached between an injured worker and their employer’s workers’ compensation insurance carrier. The settlements are designed to provide injured workers with compensation for medical expenses, lost wages, and other expenses related to an on the job injury.
In general, a workers’ compensation settlement can take two forms: a lump-sum settlement or a structured settlement. A lump-sum settlement is a one-time payment that settles the workers’ compensation case in full, while a structured settlement provides ongoing workers’ compensation benefits and/or payments over time.
When negotiating a workers’ compensation settlement, it’s important for an injured worker to have a good understanding of their legal rights and options about workers’ compensation benefits. Hiring a workers’ compensation lawyer, like on the many at Lawyers for Justice, PC, who specializes in workers’ compensation case law can help injured workers negotiate the best possible workers’ compensation settlement.
Factors that can impact the how to negotiate a workers’ compensation and the amount can include the severity of the injury, the expected medical care, medical treatment, and medical costs, and the worker’s expected future earnings. To negotiate a workers’ compensation settlement, typically there is a back-and-forth process between the injured worker (and/or their workers’ compensation attorney) and the employer’s insurance carrier, with both sides working to reach a fair agreement.
Before signing a settlement, it’s important to review the terms carefully and make sure workers’ compensation lawyer explains to the injured party what they are agreeing to. A workers’ compensation lawyer usually can negotiate a workers’ compensation settlement better than the average worker because of their knowledge of workers’ compensation claims and law.
How Do You Negotiate a Workers’ Compensation Claim Settlement?
Workers’ compensation settlement negotiations can be a complex process, and it’s important to have a good understanding of one’s legal rights and options. Here are some general steps:
- Determine the settlement goals: Decide if a lump-sum payment, ongoing disability benefits, or a combination of both are preferable. The injured should be clear about what is needed and be prepared to back up their desire with documentation.
- Gather evidence: Before entering into settlement negotiations, the parties involved should gather as much evidence as possible to support their claim. It may include medical records, medical bills, witness statements, hospital stays, and any documentation related to the accident or injury.
- Hire an attorney: It’s often a good idea to hire an attorney who specializes in workers’ compensation law to negotiate on your behalf. A workers’ compensation attorney can help people understand their legal options, negotiate with the insurance company, and make sure a fair settlement is reached. Furthermore, Lawyers for Justice, PC offers a free consultation so the entire process isn’t too much of a financial burden on the victim.
- Start negotiations: Once the evidence and attorney are ready, negotiations with the insurance company begins.
- Consider the insurance company’s position: The insurance company will likely have their own interests to pursue during settlement negotiation process. They may offer a lower settlement amount that may not account for future medical costs, for example, than the victim is seeking. Be prepared to negotiate.
- Review and sign the settlement agreement: Workers’ compensation settlements must be agreed upon by all parties. Once an agreement is reached, each party should review it carefully before signing.
- Keep records: Keep detailed records of all communication with the insurance company, including emails, phone calls, and letters. This can be helpful if you need to escalate the matter to court.
Remember, negotiating a workers’ compensation settlement can be a lengthy and complex process. It’s important to have patience and persistence, and to seek out the advice of a qualified attorney to help guide you through the process.
Does Worker Comp Pay Lost Wages?
The settlement process to negotiate a workers’ compensation claim typically pays lost wages to workers who are unable to work due to a work ailment or illness. The amount of wages that a worker can receive varies depending on the laws of the state where the accident occurred and the specific circumstances of the accident.
In general, workers’ compensation provides two types of benefits for lost wages: temporary disability benefits and permanent disability benefits. Temporary disability benefits are provided to victims who are unable to work for a period of time due to their accident or illness. They are typically calculated as a percentage of the worker’s pre-accident earnings and are paid until the worker is able to return to work.
Permanent disability benefits are provided to workers who are permanently disabled as a result of their work-related accident or illness. They are also typically calculated as a percentage of the worker’s pre-injury earnings and are paid for the remainder of the worker’s life.
In addition to lost wages, additional benefits for workers’ compensation may also provide for medical expenses related to the injury or illness, rehabilitation costs, and other expenses related to the injury. It’s important to consult with a workers’ comp attorney to understand the specific benefits that may be available under workers’ compensation law. Call (818) JUSTICE today for more information.
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