Workers’ Compensation Settlements in Montgomery County

The workers’ compensation claims process could be lengthy and include many hearings and appeals. For some Montgomery County employees, reaching a negotiated settlement on their workers’ compensation claim makes the most sense.

The process of filing a workers’ comp claim is complex, especially when the injuries are severe. While settlement can provide a way to conclude a claim in relatively short order, negotiating these settlements for the highest recovery is frequently complicated. An experienced local attorney could walk you through how to achieve a fair settlement.

Factors to Weigh During Settlement Negotiations

The settlement process often starts with the insurer making a formal offer to settle with the worker. There are a number of things an injured worker and their attorney should consider before accepting or rejecting an offer to settle a workers’ compensation claim. Accepting a settlement requires the worker to close their case and give up any future rights to benefits and treatment. While the chance to voice your concern in an official setting can be valuable, a hearing also brings risk. The conclusion of a successful claim might result in more benefits than what was offered during settlement but it could also lead to little or no benefits at all.

Another important consideration is the worker’s ongoing medical needs. While a claim is still pending, the worker can continue using their employer-provided insurance for their healthcare needs. Following a full and final settlement, this option will no longer be available. It is crucial to ensure the amount of the settlement will be enough to cover current and future medical needs.

How Might an Attorney Help in a Settlement?

The guidance of an experienced attorney could be invaluable during the settlement process. Understanding the law is one thing, but an experienced attorney could also rely on their previous dealings with insurance companies to provide important context for a settlement offer. An offer that might seem fair on its surface could prove to be problematic over time.

Another important factor to consider is that certain costs are typically paid out of the settlement before a worker receives their share. These include fees for the doctor as well as any costs set by the Workers’ Compensation Commission. An experienced local attorney could help account for these fees before a settlement is reached.

Full and Final Work Settlements vs. Disability Benefits

A full and final settlement is substantially different from the disability benefits a worker could receive through their insurance. Understanding these differences is important, as a settlement will foreclose any future disability payments.

A full and final settlement brings a workers’ compensation claim to a complete end. Typically, it involves a single lump-sum payment from the insurer to the worker. In exchange, the worker waives all rights to pursue the claim further. Like with a negligence lawsuit settlement, there is no way to go back for more money. Once a claim is resolved, the obligation owed by the insurance company is finished.

The disability benefits available while a claim is ongoing differ in that they are paid weekly. These benefits can be used for anything the worker needs and are typically a portion of the worker’s weekly wage.

Discuss Your Workers’ Compensation Settlement with a Montgomery County Lawyer

Knowing how to respond to a settlement offer in a workers’ compensation case is never easy. While your insurance company handles countless cases each day, this might be your first time dealing with the workers’ compensation system.

Taking on this challenge by yourself is risky. Thankfully, a dedicated attorney could advise you on how to negotiate workers’ compensation settlements in Montgomery County. Place a call today to determine what your options are.