In workers’ compensation cases, the interest of the injured worker is pitted against those of the employer or insurance company. It is in the injured worker’s interest to get proper medical treatment and workers’ compensation benefits. On the other hand, it is in the employer’s and insurance company’s interest to avoid paying benefits or have the workers’ compensation claim for benefits denied. A workers’ compensation case could turn into a long-drawn process, often demanding the services of a lawyer with skills and experience in workers’ compensation claims.
Many factors could influence the approval or denial of a workers’ compensation case. It could be impacted by the failure of any one of the parties to perform its obligations as required by workers’ compensation law. For example, the case could be affected by the failure of the employer to report the injury to the insurance company or by the failure of the adjuster to complete and submit State Board forms. The biggest factor rests with the opinions of the treating doctors as to the injured worker’s ability to return to work and medical status.
Settlement requires serious thought and consideration and should never be taken lightly. There are many things that an injured worker has to consider before accepting a settlement offer. For example, the worker should consider have access to future healthcare, potential additional education and training, and suitable employment after the workers’ compensation claim.
Another aspect that needs to be considered is the timing of a worker’s injury claim settlement. When selecting a workers’ compensation attorney, the injured worker should ask about his or her qualifications, experience, response time, and case load. Unfortunately, many attorneys simply push for a quick settlement without input from the client. Again, a workers’ compensation settlement should be given serious consideration.
Every workers’ compensation settlement case is different than others. The whole process can be a bit overwhelming, but a good workers’ compensation lawyer can guide employees as they navigate the intricacies of a workers’ compensation case timely and effectively.