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  1. #1
    Join Date
    Aug 2007
    Posts
    60

    Default Getting a Worker's Comp Settlement

    I was injured at work in March. Things WERE going smoothly--I mean I was getting my TTD, medical bills were being paid, etc. Then all of a sudden after I requested a second opinion and wanting a new doctor, I had some trouble getting my checks. I hired a lawyer and got all checks paid except for one.

    What I don't quite understand is under what circumstances do people get these lump settlements? DO most people who hire lawyers for WC get a settlement?

  2. #2
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Getting a Lawyer for WC:Please Explain

    2Cats, there are generally two types of "settlement" options in Workers Compensation. One is called a "Compromise & Release", which is a lump-sum payment for your Permanent Disability and Future Medical. With a C&R, you are FOREVER RELEASING the WC carrier/employer from EVERTHING. If your injury gets worse, or your medical treatment costs exceed what was given under the C&R, you are FOREVER BARRED from trying to get the carrier to pay for ANYTHING.

    The other option is a "Stipulation" with Open Future Medicals. The Permanent Disability Award is usually NOT paid to you in a lump sum, but rather every two weeks, like when you received TTD. The PD benefit is spread over a certain amount of weeks payable, is usually NOT as much as you were receiving for TTD (Wage loss replacement), and when those weeks run out, your PD ends.

    However, you are STILL entitled to any reasonably necessary medical treatment, which will continue to paid for by the WC carrier.

    While sometimes it isn't necessary to have an attorney, particularly if the Injured Worker has a really good handle on WC laws and their injuries aren't complex and heavily disputed, many injured workers who DO have complicated injuries, a very contentious WC carrier, and are facing significant Permanent Disability, find that they NEED an attorney who will fight for each and EVERY benefit due them. Even if it means taking your case to Trial, and having a WC Judge make a ruling.

    An EXPERIENCED WC attorney is one who has the INJURED WORKER'S "best interests" at heart, and isn't quick to settle just so he can get HIS attorney's fees quicker...a GOOD attorney will sit down with the Injured Worker, explain the "strengths and weakness" of their case, how the laws apply, and inform the IW of their OPTIONS when it comes time to settle.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Getting a Lawyer for WC:Please Explain

    It depends on the work comp laws of your state. Each state is different.
    Some allow benefits to be cashed out; others only impaiment benefits and then only under special circumstances.
    If they allow settlement most will do it whether you have an atty or not.
    that's why this site has a board for each state.
    Last edited by .SH; 09-22-2007 at 09:11 AM.

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