Signs Of Problems With Your Workers' Compensation Settlement
"Settlement" can mean a financial windfall for some hurt workers. However, things may not go as smoothly as you would like after an injury. The below signs can mean you need help with your workers' compensation claim.
When It's Time to Settle
Workers' compensation insurers will commonly offer hurt workers a settlement when they are found to be permanently disabled by a work accident. This is a very serious situation because it means the worker may never work again. When an injury causes catastrophic damage to a worker's ability to earn income, the amount offered is key. It's vital for hurt workers to pay attention and seek help at the first sign of a problem.
Disability
The insurer has ruled that you are permanently disabled. However, they have ruled you to be 25% disabled rather than 100% disabled. You may disagree with this assessment not just because it means a reduction in settlement money but also because it's inaccurate. You may be entitled to have your disability level reviewed by another doctor to gain a second opinion on the level of disability.
Partial Benefits
You are being told that you must accept a suitable job and be paid partial benefits. These keep the insurer from paying workers as much money as a settlement would. While some hurt workers may welcome a suitable job opportunity, others are not as happy. The job might not meet the requirements. Requirements for a suitable job include:
- Nearby location
- The worker is able to perform the tasks of the job
- Pay is comparable to their previous job
And more.
Settlements
You are being offered a settlement that falls far short of what you expected. Settlements are based on several factors:
- The worker's previous salary.
- Age of the worker. This factor uses the number of years the worker would have worked prior to retirement to determine the settlement. That means older workers may be paid less than younger workers with many working years left.
- The level of disability the worker suffered. When the worker has a lower disability percentage, it's with the assumption that the worker can find another job. For instance, the worker might have the inability to walk without pain, but they are able to perform sedentary work. Consequently, the amount of the settlement will be lower.
This is the time to speak to a workers' compensation lawyer about your settlement. They know what you should be paid and how to get that paid to you.