How Do Workers Compensation Settlements Work?

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If you’re suffering from an employment-related illness or injury and have filed a workers’ compensation claim, your employer’s insurer will reach out to you to discuss a settlement. However, it’s important to note that a settlement may not always be in the best interest of injured workers. So before you settle your workers’ comp claim, find out how settlement works first to learn about your options.

Basic Workers Comp Claim Steps

After getting injured, you’ll need to report it to your employer immediately and receive medical treatment. Next, you should file your workers’ compensation claim. Throughout your recovery, the insurance company will keep track of your condition. Depending on the specific circumstances of your injury or disease, you may also start receiving partial wage benefits until you can return to work.

You should return to work only upon your doctor’s recommendation. You may also be restricted to light tasks (for menial jobs) if you’re not yet fully healed. However, keep in mind that these steps may be different for claims involving severe, disabling, and/or permanent injuries, denied claims, undervalued claims, and claims that may involve multiple parties.

The Settlement Amount

The amount of your settlement would primarily depend on the following factors:

  • The severity and exact nature of your injuries or disease
  • Your wages before you got injured
  • When or whether you can return to work
  • Whether you had pre-existing injuries or diseases
  • Whether your claim has conflicting evidence

In general, workers comp claims where employees have costly medical expenses, higher wages, and strong evidence of their condition must receive higher settlement amounts. However, the insurance company may deduct some items from your settlement.

Likewise, you should know that if your employer wasn’t insured, you could sue them to seek compensation for your losses. In addition, some workplace injuries may involve other liable parties, such as negligent manufacturers and/or distributors of equipment that malfunctioned and caused a work injury.

Seek Legal Help from an Experienced Workers Compensation Lawyer in Bloomsburg

You’re probably starting to realize that the ’workers’ compensation settlement process could be complicated and might not always result in favorable outcomes for the injured worker. Here at Luschas, Naparsteck & Crane, our experienced Bloomsburg workers compensation lawyer can help protect your rights, ensure that you receive optimal medical treatment, ensure that you get proper wage benefits, and deal with the insurer on your behalf. Call us now at 570-799-9129 or fill out our online form to schedule your free consultation.

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Workers Compensation Claim FAQs

What is Workers Compensation?

Workers compensation is insurance coverage that employees provide employers to cover most work-related illnesses and injuries regardless of fault.

When Should I File a Workers Compensation Claim?

You should file a workers’ compensation immediately after sustaining a work-related injury or illness because there’s a deadline for filing ’workers’ comp claims.

Will I Need a Lawyer for a Workers Comp Claim?

It depends on the specific circumstances of your claim. Look for a workers’ comp lawyer who offers free case evaluations to help you determine whether or not you need legal representation. But if the settlement amount is inadequate or your claim is denied, you will need a lawyer on your side.

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