A Guide To Workers Compensation Settlements

Man at factory

Workers Compensation Settlements

Workplace injuries tend to be very common and can happen to anyone. From expensive hospital bills to further unemployment, the effects of a workplace injury can either be short-term or long-term, depending on the situation. The workers’ compensation settlement is an excellent way to ensure workers don’t face further negative consequences due to their workplace injury. Workers’ comp also helps workers during the time that they can’t work at their regular job.

The OSHA found that over 20% of workers’ deaths in 2013 were in the construction field.

What Is a Workers' Compensation Settlement?

When someone gets injured at work, they have the right to claim workers’ compensation. This means that as an employee, you are eligible for disability benefits for your medical needs and living expenses until you are physically able to restart your work.

Workers’ compensations are managed by your employer or the insurance company responsible for these packages. Even though the process seems simple, there are various major and minor factors determining the level of compensation you deserve.

Building a Strong Workers' Compensation Case

Irrespective of the location, time, and type of work, every employee has the right to workers’ compensation insurance. No employer or insurance company will come up to you and provide you with the compensation you wish for. Therefore, you should always stand up for yourself to ensure your side of the story is represented appropriately.

Workers' compensation construction site accident forklift at factory

What you need to prove for your case

The first thing to do is prove that the injury or impairment happened while at work. You will also need to prove that you will not be able to work due to the physical damage caused by this injury.

Every single factor that supports your case should be documented. This includes any details regarding your health and further treatment for your injury. All this paperwork can be completed after you consult a doctor.

Always remember to be truthful, honest, and provide as many details as possible to your doctor. Never try to hide any information about your health or job, as this may adversely affect your case in the future.

How a Workers' Compensation Case Proceeds

When a workers’ compensation case is filed, there are many ways the case can be handled.

In the best-case scenario, the workers’ compensation insurance pays for all the injured employee’s medical and living expenses. This includes doctor consultations, hospital bills, lost wages, or even disability compensations.

In other cases, insurance companies may offer an amount for your treatment, according to their calculations. If the injured employer does not find this amount reasonable, they can negotiate for a higher one.

Having a lawyer with you throughout the case can significantly benefit you in realizing your rights and help you negotiate the best package for your needs. Claims represented by a lawyer have resulted in almost double the payoffs than those without a lawyer.

What happens next?

If the offer is accepted, the employee can choose the type of payout. This can either be a lump-sum payment where they get the amount all at once or an organized settlement with monthly or weekly payouts.

What Happens If the Employer contests My Claim?

There can be situations when the employer or the insurance company may find ways to avoid payment. They may even say that the injury took place off work premises.

In such cases, you can discuss the matter with your lawyer and take a legal move against the employer or the insurance provider. If your claim is honest and reasonable, you can still expect to win the case.

The Average Workers' Compensation Amount

Generally, the payout of a Workers’ Compensation Insurance can range from $2000 to $40,000. Although this may seem like a large range, it is important to keep in mind that injuries can differ based on their severity. Even so, an average employee gets around $20,000 as an ultimate insurance payout.

Workers’ comp settlements have proven to be of great help for those who went through workplace injuries. Hence, compensation like this should always be considered as the fundamental right of an employee injured while at work.

Premises liability, slip and fall, dangerous liability example of man slipped on snow

Finding The Right Lawyer For Your workers' Comp Case

Before jumping into the lawsuit, it is smart to consult with a personal injury attorney. Most personal injury law firms handle workers’ comp cases, making finding the right attorney difficult because there are so many options. There are big firms, small firms, sole practitioners, and settlement mills. Make sure to do your homework before settling on a workplace injury attorney, ensuring they’re the right fit for you.

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